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Minute Book 80 ,....- 1 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the second day of September, A.D. 1986, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of police; R. McDevitt. Fire Chief; P. Groody, Commissioner of Human Resources; C. E. Nicolle, Director of Recreation and Parks; B. Steeves, Deputy Building Inspector; J. Levesque, Public Relations Manager; E. Farren, Executive Assistant to City Manager; G. Machum, City Manager's Office; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I' Reverend Kevin Culberson of Central Baptist Church offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on August 18, 1986, be approved. Question being taken, the motion was carried. Her Worship the Mayor advised that the City Manager has requested that two items, which were to be considered in Committee of the Whole later this date, regarding GRIP applications for P. L. Holdings Ltd. and L. Garnett be added to the agenda for consideration at this meeting. On motion of councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. . Her Worship the Mayor advised that the Office of The Honourable Gerald Merrithew, Minister of State For Forestry, has informed her that the Federal Government has approved a Section 38 application for funds in the amount of approximately $60,000.00 which will mean 12 jobs and 74 work weeks for roof repairs on the City Market building; and read two proclamations, one proclaiming September 6 to be Big Brother/Big Sister Day in the City of Saint John in recognition of the service provided by the program which matches children from single-parent families with a volunteer adult who provides friendship to the children; the other proclaiming September 5 and 6 to be SHINERk~ DAYS in the City of Saint John during which time university and college students will join the fight against cystic fibrosis. The Mayor advised that, although there have been rumours to the effect that the Regional Office of Canada Mortgage and Housing Corporation may be relocated to Halifax, Nova Scotia, the Chairman of the Board of Directors of the Corporation stated earlier this date at a dinner, at which she, Deputy Mayor Gould and the City Manager were in attendance, that the CMHC Atlantic Regional Office will not be moving from Saint John, New Brunswick. .1 councillor Davis, a member of the Canada Games Aquatic Centre Commission, presented to the Mayor a 1985 Facility of Merit - Atlantic Business Magazine Award, which was awarded to the City in recognition of the Canada Games Aquatic Centre being an especially outstanding sports/recreation facility. The Mayor suggested that this award should be given to Councillor Davis to be returned to the Aquatic Centre for display. On motion of Councillor Flewwelling I Seconded by Councillor Gould RESOLVED that the 1985 Facility of Merit - Atlantic BuSiness Magazine Award, which was presented to the City of Saint John in recognition of the Canada Games Aquatic Centre being an especially outstanding sports/ recreation facility, be given to the Canada Games Aquatic Centre for display therein. Question being taken, the motion was carried. The Mayor requested that, in view of her understanding that the IGA Store in the Prince Edward Mall was open for business on Sunday, August 31, the Chief of Police and City Solicitor look into this matter to determine if this opening is within the law and, if not, what action should be taken in this regard. . Councillor Flewwelling, a member of the Canadian Cancer Society, advised that the Canada Games Aquatic Centre will participate in the September 14 Terry Fox Program by attempting to swim the distance which was run by the late Terry Fox, and that the Aquatic Centre in Saint John will be competing with the Aquatic Centre in Vancouver, British Columbia. ..... 2 On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the memorandum to the City Manager from Mr. G. Grant Machum (copies of which were forwarded individually to Council members at the Mayor's request) submitting statistics with regard to financial contributions and expenditures of the City, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Vaughan noted that on August 23 Saint John received national television coverage during a Canadian Football Game which featured an article on Chris Skinner of Saint John, a member of the Edmonton Oilers, and the kick-off at the June 7, 1986 CFL Cup Event held at the Canada Games Stadium in Saint John. Councillor M. Vincent commended the members of the East Saint John Red Sox Federation Beaver Baseball Team who, having won the Provincial Championship during the August 30 weekend, will represent the City and Province in the Atlantic Provinces Championship Games to be held in Prince Edward Island on September 14 to 16, 1986. Deputy ~1ayor Gould commented on his attendance on August 28 and August 29 at the Knights of Pythias Annual Conference and the 60th Annual Provincial Convention of the Royal Canadian Legion, respectively. Consideration was given to a letter from Mayor Wayne submitting a letter from Mr. & Mrs. Ken Clark of Marlin Drive regarding the extension of Crestwood Street, as well as copies of correspondence to assist in developing a sequence of events from June 2, 1986; expressing the opinion that, having visited the area concerned, there is no need to open Crestwood Street to allow for the 45 family lots proposed by P & L Holdings as there would be two exit areas and thus development of Crestwood Street is not required for the new subdivision; also advising that the people in the area do not want Crestwood Street developed and, with respect to an emergency exit which is the only reason staff gives for the development of Crestwood Street, f1r. Ellis Levine has offered an emergency exit next to his property at 200 Bedell Avenue; and recommending that Council rescind Common Council resolution of August 5, 1986 which included the development of Crestwood Street and allow the subdivision to take place without the Crestwood Street extension. Consideration was also given to a letter from the Planning Advisory Committee regarding the development of Crestwood Street, which was the subject of nine letters of objection referred by Council to the Planning staff on August 18, 1986; advising that all residents of Marlin Drive, Marlin Terrace, Marlin Court and Crestwood Street, including the authors of the original nine letters, were invited to the August 26, 1986 Planning Advisory Committee meeting at which time seventeen residents, including Bedell Avenue residents who have an interest, appeared before the Committee, two of whom spoke in favour of extending Crestwood Street, six of whom spoke in opposition to the 'proposal, with a show of hands indicating that fifteen of the seventeen residents in attendance did not support the proposed development of Crestwood Street; also advising that the Committee, after considering the submitted Planning staff report, confirmed its July 29, 1986 decision recommending the development of Crestwood Street; and recommending that no further action be taken and the decision to develop Crestwood Street remain unchanged. Consideration was also given to a letter from Mr. R. J. McGraw of 10 Marlin Court expressing concern with Council's decision to approve the extension of Crestwood Street to Daniel Avenue without the knowledge that many taxpayers adjacent to Crestwood are opposed to it; advising that concerned citizens were not aware that the scope of the original communications from the Planning Branch had been changed and thus did not have the opportunity to present their views to the Planning Advisory Committee nor Council before the recommendations were agreed to by Common Council, and requesting that Council allow a spokesperson to appear before Council to present the citizens' views. The Mayor requested that, having met with the City Manager and Commissioner of Community Planning and Development, rather than adopting her recommendation, Council adopt a resolution to allow the subdivision to proceed and the matter of Crestwood Street be taken into consideration with the Millidgeville neighbourhood plan study as this street extension is not needed in order for the subdivision to proceed. Mr. Clark confirmed that staff is of the opinion that there is some technical merit to the discussion of the Crestwood Street linkage and would like to see the subdivision proceed; therefore, if the latter could be permitted, the former matter could be reviewed at the time the Millidgeville area is being studied and the residents concerned could be given the opportunity to discuss this issue again. The Mayor suggested that citizens both for and against the Crestwood Street extension should be given the opportunity to address the matter with staff at the time of the Millidgeville study in view of the letter to the residents to the effect that the Macaulay AvenuejCrestwood Street matter would not be considered following which Crestwood Street became part of the issue. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that Crestwood Street not be completed pending a planning study for the Millidgeville area and, if at that time consideration is being given to Crestwood Street, there be discussion with the area residents, and that the P & L Holdings Ltd. Brentwood Park Subdivision, Phase 5, proceed at this time excluding property north of Daniel Avenue, subject to review by the Legal Department. Discussion ensued during which time Mr. Brown advised that, if the ~ . I I . I . I' . ' I . ~ II"'" 3 Crestwood Street issue is addressed in the context of the Millidgeville plan and if Crestwood Street is not needed, that property could be utilized for residential develop- ment, and Councillor Schermerhorn suggested that the property which will remain, should the portion of the August 5, 1986 Council resolution dealing with Crestwood Street be rescinded, could conceivably become part of the subdivision and asked how this could be prevented in the event it becomes desirable in the future to extend Crestwood Street to which Mr. Brown, suggested that approval could be given to all of the development south of Daniel Avenue and reserve decision on the area north of Daniel Avenue. Mr. Clark suggested that the motion could exclude lot 86-3 and the walkway whereupon the mover and the seconder of the proposed motion agreed to add this exclusion to the motion. Councillor MacDougall advised that he is in receipt of a letter from physicians who practice in the area concerned asking that Council proceed as quickly as possible in extending Crestwood Street as it is needed in view of the traffic and he questioned the developer's position if Council takes the above proposed action whereupon the Mayor re-iterated that, in order to develop the subdivision, there is no need to develop Crestwood Street and that the procedure with regard to notification of residents was not followed in that the letter to residents advised that no action would take place on Macaulay Avenue or Crestood Street, and expressed the opinion that the developer should not be forced to bu~ld Crestwood Street for this development. Councillor MacDougall asked for assurance that a meeting of the residents will be held in the near future and the development of Crestwood Street will proceed if required to which the Mayor replied that it has to be determined through the Millidge- ville neighbourhood plan study if Crestwood Street is needed. Councillor Rogers asked when Council can expect to receive the proposed Millidgeville Neighbourhood Plan to which Mr. Clark replied that it is the intention to advertise a proposal call and complete the study this fall and, in expressing the understanding that Crestwood Street was not to be built until this fall in any event, added that the Crestwood Street proposal will be reviewed in the overall subdivision plan and presented to Council in the course of the winter for consideration. Deputy Mayor Gould asked if Council was in a legal position when it approved the subdivision plan, did the Planning Advisory Committee meet all the requirements of the law before recommending the approval of the subdivision to Council, were proper notices issued to the residents at the proper time and was it proper to use this method to connect Crestwood Street to Daniel Avenue, and suggested that this matter should be tabled to allow Planning staff to compile a chronological sequence of all events leading up to Council's action and that this information, in turn, be submitted to the City Solicitor to advise Council of its legal position at that time. Councillor M. vincent questioned the propriety of the advertisement in this regard to which Mr. Bedford replied that the advertising in question was with respect to the layout of the subdivision and the neighbourhood residents were forwarded a statement of what was proposed by the developer, which is correct; however, the developer proposed that Crestwood Street be developed as a building lot. Councillor M. vincent also questioned the involvement, if any, of the Fire Chief, Police Chief or Commissioner of Engineering and Works in view of the issue of Mr. Levine's property being used as a second means of exit in an emergency to which Mr. Bedford confirmed the involvement of the Chief of Police and the Mayor advised that the Fire Chief was not involved in this matter. The Mayor asked if Council is legally in a position to make any changes in this regard and the legality of Council's past action in this matter to which Mr. Rodgers replied that, in order to give an opinion, it is necessary for him to review all relevant m~terial and action to date fOllowing which he will report to Council at its next meeting. . .1 I . I On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Schermerhorn and M. Vincent voting "nay". . Discussion continued during which time Mr. Clark noted that the GRIP application of P & L Holdings Ltd. to be considered later in this meeting is for the subdivision concerned and the Mayor suggested that Council could adopt the above motion subject to the Legal Department reviewing the matter. Mr. Brown, in view of Councillor Davis' query with regard to the land required for the extension of Crestwood Street, showed a slide of the site plan, following which the mover and seconder of the proposed motion agreed that the motion be changed to indicate the exclusion of the land north of Daniel Avenue and that the matter be subject to review by the Legal Department. '-I, Question being taken, the original motion was carried with Councillors Gould, MacDougall, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee and the letter from Mr. R. J. McGraw of 10 Marlin Court regarding the proposed extension of Crestwood Street to Daniel Avenue be received and filed. I Question being taken, the motion was carried. Councillor A. Vincent suggested that the City Manager should give the matter of the Millidgeville neighbourhood plan top priority and that, if in order, he would propose a motion that the proposal call be advertised within one week, and discussion ensued in this regard. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne advising that she has been asked by developers if it would be possible for the Subdivision By-Law to be reviewed with respect to the possibility of having a performance bond or ...... ~ ,4 cash put up by the developer as soon as the subdivision is approved so that the developer can sell the lots and recoup some of his money in order to continue on w~th and bring streets up to grade, get the pipe in place, etc.; and recommending that this matter be referred to the City Manager and appropriate staff for review and a report to Council -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Davis recommending that the Curfew By-Law, which was adopted by the City of Saint John in 1970 and calls for a fine not exceeding $5.00 for the first offence and $10.00 for any subsequent offence, be amended so that the fines conform with those in the Municipalities Act which states that the fine should not exceed $20.00 for the first offence and $40.00 for any subsequent offence, and stating that the By-Law should be enforced -- be received and filed and the recommendation adopted. I Councillor A. Vincent asked when the last charge was laid under the Curfew By-Law and Councillor Knibb expressed opposition to the above motion on the basis that Council has no statistics to indicate that there is any great hazard caused by youngsters breaking the curfew and asked if the Chief of Police considers this matter to be a concern and whether or not the above action would assist him in the enforcement of his duties. Chief Riley advised that, as a point of procedure in that there is a Board of Police Commissioners established to give him direction in policy matters, he would prefer to take this matter to the Board prior to making any public pronounc~ton policy, he has no knowledge of the By-Law having been enforced and it is definitely not being enforced at this time. Councillor Davis noted that, with regard to the reference to activities outside the home which occur after the curfew hours, the By-Law includes the reference to where there is legitimate reason for the child being out, and Councillor MacDougall suggested that this matter should be referred to the Police Commission. I . On motion of Councillor MacDougall Seconded by Councillor M. Vincent RESOLVED that the letter from Council- lor Davis regarding the Curfew By-Law be referred to the Board of Police Commis~~~ sioners for study and a report to Council. Question being taken, the referral motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Schermerhorn advising that cities,such as Halifax, Ottawa, Toronto and Vancouver, have had to rewrite their by-law regarding pedlars so that more effective control could be exercised with the by-law designed to eliminate the number of pedlars in certain areas and to exclude them from other areas, and recommending that this subject be referred to the City Manager and staff for review and a recommendation be received and filed and the recommendation be adopted. I Councillor Schermerhorn noted that Council considered a proposed Pedlars and Hawkers By-Law in Committee of the Whole on July 22, 1985. Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting.) . On motion of Councillor MacDougall Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor MacDougall expressing concern with respect to two buildings in the South End of the City which must be declared dilapidated, unsightly and/or potentially dangerous, one being on the northeast corner of Broad and Sydney Streets, the other being on the northwest corner of St. James and Carmarthen Streets; expressing the opinion that the grounds in front and around the old Nurses' Home and the former Saint John General Hospital are a disgrace, and recommending that, if it is not the City's responsibility to have this matter rectified, it is time to have the Province or the new owner adhere to the City's standards, and that Council take action on these matters -- be referred to the City Manager. I Question being taken, the motion was carried. On motion of Councillor MacDougall I Seconded by Councillor Vaughan RESOLVED that letter from Councillor MacDougall expressing the opinion that, following the recent meeting with the Unity Committee which clearly demonstrated that Saint John does not get everything, Council must begin to fight back and demand an equal opportunity to the Federal and Provincial dollars spent in Canada and the Province of New Brunswick and also bring before the public the disgraceful discrimination by both the Federal and provincial Governments toward the City of Saint John, and recommending that the Unity Committee's report be tabled publicly -- be received and filed and the recommendation adopted. . (Councillor Schermerhorn re-entered the meeting.) ~ ~ 5 Question being taken, the motion was carried. . On motion of Councillor MacDougall Seconded by Councillor A. vincent RESOLVED that the letter from Councillor MacDougall recommending that a letter be written to each Premier or head of state thanking them for their outstanding ambassadors with regard to Festival by the Sea-Festival Sur Mer and request them to send a letter to each of the participants thanking them on behalf of Common Council and all Canadians as they proved to the City in a delightful and entertaining manner that the provincial diversity, freely presented, promotes and indeed ensures Canadian unity be received and filed and the recommendation adopted. I The Mayor commented on the expressions of apprec'iation which have been carried out by her office to date regarding Festival By The Sea and advised that the Festival Board is expected to address Council regarding the Festival within the next two to three weeks. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that as recommended by authority be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt' August 13-19, 1986 - supply of asphalt August 20-26, 1986 the City Manager, $65,143.22 $45,942.62 . Councillor Knibb asked the reason for only approximately $826.00 having been expended for street maintenance in West Saint John while approximately $4,986.00 and $3,739.00 was expended in the central and eastern section of the City, respectively, to which Mr. Robichaud replied that the City is saving money by concentrating its efforts in one area at a time and that, very shortly, the whole City crew will move into the western area of the City and complete all of the necessary work at once which is much more efficient than moving ,back and forth from one area to another. Councillor MacDougall noted the amounts of Federal and provincial sales tax charged on the above invoices and exressed concern that provincial tax in the amount of $814.00 was paid on the Federal tax which is paying tax on tax to carry out City improvements and the Mayor asked the City Manager to bring forward the former report prepared on this matter for Council's consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. McAllister Industrial Park Water System Improvements Underground Piping R. C. Bird Construction Ltd. Original estimated value of Contract - City's share Total work done, Estimate Number 7 Total work done, Estimate Number 7 - City's share (28%) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 7, dated August 18, 1986 Final holdback release $205,054.51 716,333.00 200,573.24 Nil 190,544.58 . $ 10,028.66 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Rotary Admiral Beatty Complex Donovan Associates Inc. Improvements - commercial space Original value of contract Total work completed, Certificate 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 7, 1986 Partial release of holdback $134,400.00 137,667.00 16,479.60 -100,252.00 I $ 20,935.40 Mr. Todd commented on the status of the commerc~al space rental. Question being taken, the motion was carried. . Councillor A. Vincent asked when Council can expect to receive recent reports on monthly payments made to which the Mayor replied that, in view of the size of the computer reports, it is not feasible to forward these monthly statements to Council and that it is her intention to discuss this matter in Committee of the Whole later this date to determine how Council wishes to handle this matter. ~ 6 On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, contract 86-22, Adelaide Street and Leinster Street water and sewer renewal be awarded to the low tenderer, Que-Mar Construction (Maritimes) Limited, in the amount of $165,228.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Schermerhorn asked the reason for including two streets in the above tender to which Mr. Robichaud replied that this is done in an attempt to make a package which is more attractive to contractors and that a monetary saving results by grouping streets under one tender call and tender opening etc. Question being taken, the motion was carried. (The Mayor withdrew from the meeting due to a possible conflict of interest whereupon Deputy Mayor Gould assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of Sumner Tire & Automotive Ltd. be accepted for supplying retreaded heavy duty truck tires, and the tender of Fairweather's Garage Ltd. be accepted for supplying retreaded Off-highway tires, at the prices indicated in the submitted bid summary. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting for approval and payment an invoice from Hanson, Hashey representing solicitors' services rendered from June 3, 1985 with respect to the wilson Roofing Limited and Thomas Hosford legal action. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the submitted invoice be approved for payment as follows, namely:- Hanson, Hashey, in the amount of $35,488.12, for Her Worship Mayor Elsie E. Wayne in connection with the Wilson Roofing Limited and Thomas Hosford matter. Councillor A. Vincent proposed an amendment, which was not seconded, that the above invoice be taxed prior to payment. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Provide For Salaries To The Members Of The Common Council Of The City Of Saint John", with regard to the Mayor's salary and allowance, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law To Provide For Salaries To The Members Of The Common Council Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor M. Vincent voting "nayll. (The Mayor re-entered the meeting and reassumed the chair.) On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager advising that, in accordance with the Subdivision By-Law, the Commissioner has certified that Manford M. Thompson Construction Company Ltd., the developer, has now completed work on Crown Hill Subdivision - Phase II to the value of $60,000.00 with the work yet to be completed valued at $26,000.00, and recommending that the security amount for the remaining work at Crown Hill Subdivision - Phase II be reduced to $26,000.00 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. consideration was given to a report from the City Manager regarding the petition from residents of Lancaster Street, which was considered by Council on August 18, 1986, in connection with a current capital construction program which is taking place between Suffolk and Clarence Streets which calls for the installation of concrete curbing and asphalt sidewalks on both sides of the street at a proposed expenditure of $29,000.00; advising that, with regard to the request of the petition that the sidewalk surface be changed to concrete, the estimated cost of the work requested would bring the total expenditure to $52,000.00, which includes approximately $13,000.00 for resurfacing the street which, although not part of the current project, is expected to be completed within the next two years; noting that most streets in the immediate area have concrete curbing and asphalt sidewalks and pedestrian traffic in this area is quite low; stating that staff recommends continuing with the present plan and recommending that this report be received and filed. Consideration was also given to a letter from Mr. John L. Merzetti "'llll . I I . I . I I . ....4 ,... "l . I I . I . I I . .... requesting to appear before Councll, on behalf of a group of citizens of Lancaster Street who are opposed to the planned construction of asphalt sidewalks on this Street, which was the subject of their petition to Counc~l on August 18, 1986. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the above report regarding the petition from residents of Lancaster Street, which was considered by Council on August 18, 1986, be received and filed. Mr. Robichaud responded to Council queries regarding the criteria used to determine when asphalt or concrete is to be used to replace sidewalks and advised that, although staff favours concrete sidewalks, the laying of concrete sidewalks throughout the City would mean a major reduction in the amount of sidewalk work performed every year. Mr. Robichaud also advised that staff would like to review this subject during the winter as it is rather complex and there is not an easy solution to handling the topic, and circulated photographs of the Lancaster Street area. Councillor Vaughan suggested that this matter should be tabled in order for Mr. Robichaud to look at the area concerned to determine whether concrete or asphalt is used for the abutting sidewalks, and Councillor Rogers referred to copies of photographs (which were distributed to Council members earlier in the meeting) which she received from Mr. Merzetti. On motion of Councillor Vaughan Seconded by Councillor MacDougall RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the letter from the City Manager responding to Council's request of August 18, 1986 for a further report on the request of Mr. William E. HcHarg for stop signs to be installed on Duke Street West; submitting a report from,the Assistant City Manager - Operations which expresses the opinion that stop signs should not be used to control speeding nor will they correct pedestrian negligence; advising that a review of the accident record in the subject area of Duke Street West indicates that most of the recent accidents occurred in winter conditions and none of the reports indicated that excess speed was involved and, although the number of accidents is not unusual considering the volume of traffic on the street, the Police Department will be giving this area some attention -- be received and filed and a copy be forwarded to Mr. McHarg. (Councillor M. Vincent withdrew from the meeting.) Councillor Vaughan suggested that one stop sign could be placed in the above area. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Gould, Rogers, Vaughan and A. Vincent voting "nay". On motion of Councillor Vaughan Seconded by Councillor A. Vincent RESOLVED that with regard to the request of Mr. William E. McHarg for stop signs to be installed on Duke Street West, at least one stop sign be placed on this street. Question being taken, the motion was carried with Councillors Davis, Knibb and Schermerhorn voting "nay". Consideration was given to a letter from the Ci~y Manager submitting a report from the Deputy Commissioner of Housing & Renewal Services and Property Management relating to the GRIP application of P L Holdings Ltd. for Brentwood Park - Phase V, such report advising that the initial grant available is calculated at $202,990.00 with the final actual grant only to be available upon completion of construction and assessment details and noting that Common Council resolution of August 5, 1986 authorized the execution of a subdivision agreement in this regard, and concurring with the recommendation of the Deputy Commissioner that Council approve the GRIP application of P L Holdings Ltd. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the GRIP application of P L Holdings Ltd. for Brentwood Park Phase V, with the estimated grant to be $202,990.00, and that the Mayor and Common Clerk be authorized to execute the GRIP Agreement. Question being taken, the motion was carried with Councillor Rogers voting Ilnay" . Read a letter from the City Manager submitting a report from the Deputy Commissioner of Housing & Renewal Services and Property Management relating to the GRIP application of L. Garnett for the Lawrence Garnett Subdivision, such report advising that the initial grant available is calculated at $68,568.00 with the final actual grant only to be available upon completion of construction and assessment details and noting that Common Council resolution of June 9, 1986 authorized the execution of the subdivision agreement in this regard, and concurring with the recommendation of the Deputy Commissioner that Council approve the GRIP application of L. Garnett. '""'lllll 8 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the GRIP application of L. Garnett for the Lawrence Garnett Subdivision, with the estimated grant to be $68,568.00, and that the Mayor and Common Clerk be authorized to execute the GRIP Agreement. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that, the memorandum to the City Manager from Mr. G. Grant Machum summarizing statistics with regard to the City's total contribution to Market Square, promotion, property taxes collected in New Brunswick, the per cent of Saint John's net budget paid for by the Federal Government and total liquor sales in New Brunswick, be received and filed. I Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Irving oil Limited have been completed, and that the required waiting period for objections expired on August 20, 1986 with no written objections having been received, and that Council may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning of the property at 328 to 346 Union Street and request the views of the Planning Advisory Committee. I (Councillor M. Vincent re-entered the meeting.) Mr. Clark advised that there are two items related to the above application, one with regard to a parking lot for which the administration has no objection, the other being the request to amend the Municipal Plan and re-zone from Three- Storey Multiple Residential to General Business classification which represents a significant upzoning in the downtown area which staff would not support profession- ally and requested that Council table this matter for one week so that staff can indicate same to the applicant or that the parking lot be proceeded with under some other provision. Mr. Clark added that under a Section 39 re-zoning the parking lot could be accommodated; however, staff does not want to significantly upzone areas of the downtown without first seeing the proposal. . On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the above matter be I laid on the table for one week. Question being taken, the tabling motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on August 18, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MaCDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, name1y:- . 1. That as recommended,by the Nominating Committee, the following appointment be approved, namely:- (i) that Mr. Donald Le Blanc be appointed to the Board of Directors of Saint John Non-Profit Housing Inc. for a term to expire June 30, 1989. 2. That with regard to the request of Mr. A. Winter to purchase a parcel of land on Greenhead Road, Council adopt the recommendation of the City ~1anager that Mr. Winter be advised that the City is not interested in the sale of the said land. I 3. That as recommended by the City Manager, (1) the Mayor and Common Clerk be authorized to execute the surrender of lease for land on Thorne Avenue leased jointly by the City and Canada Packers from CNR as set out in lease No. 31306, (2) the City lease 16,321 square feet more or less from CNR on the southern side of Thorne Avenue, as shown on the submitted plan, from July 1, 1986 at a rental of $160.00 per year, such lease to continue until terminated by either party, (3) the purpose, as set out in the lease presented by CNR, be amended to read "Access to City property and storage" and the change be initialed by the Mayor and Common Clerk, and (4) Common Council resolution of December 15, 1980 concerning the lease of land from CNR be rescinded. I 4. That as recommended by the City Manager, the rental for the property at 34 Champlain Drive, which is leased to George and r1artette Legace, be. increased to $425.00 per month effective September 1, 1986. . ~ ,.... 9 . 5. That as recommended by the Citv Manager, (1) the closing date for the property at 105 St. John Street which is being sold to Christopher Weaver" be extended to 30 days following the filing of the required subdivision plan and (2) the closing date for the property on Parkhill Drive which is being sold to H. Siddiki be extended to 30 days following the approval of his development plan for the lot and, if such approval is not forthcoming within 60 days of the submission of the report on Glen Falls flooding, the sale will be cancelled and his deposit returned. I 6. That the City Manager prepare a brief for presentation by the Mayor to the Canadian Radio-television and Telecommunications Commission (CRTC) supporting the application of the New Brunswick Broadcasting Company, Limited to establish an independent television system for New Brunswick and Nova Scotia: AND FURTHER that Council support the idea of an additional radio station in the Saint John market to provide alternate programming. Respectfully submitted, Tuesday, September 2, 1986, Saint John, N.B. (sgd.) Elsie E. Wayne, C h air man. I On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb . adopted. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that sectio~ 3 of the above report be Question being taken, the motion was carried. I On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 4 of the above report be Councillor A. Vincent expressed the understanding that the City was to sell property which it did not need to which Mr. Todd replied that the above property is being retained at the request of Engineering and Works as part of the future plans for McAllister Drive. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". . On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 5 of the above report be Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) I On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. I (Councillor Schermerhorn re-entered the meeting.) On motion of Councillor Knibb Seconded by CounCillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) the sum of $1,050.00 be accepted as money-in-lieu of land for public purposes with regard to the E. L. Woods Estate Subdivision, Lot 86-10 Industrial Drive, 500 Grandview Avenue and (2) Council assent to the subdivision plan with respect to the proposed sanitary sewer easement. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Earl J. Hebert, an employee of the Engineering and Works Department, in accordance .... ~ 10 wil:fi ~ect:i(:m 9 en of t~e City ,?f Saint John Pension Act, the Board having been suppl~ed w~th the requlred med~cal reports as to his permanent disability. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn ;1" Seconded by Councillor Rogers , RESOLVED that the letter from the Board of Trustees of the City of Saint John Pension Plan regarding the retirement of Roger I. ~u~dock which was the subject of Common Council resolution of July 21, 1986; adv~s~ng that, although Council adopted the Board's recommendation in accordance with section 9(l} of the City of Saint John Pension Act which requires Council approval for retirement on disability allowance of employees who have been found unfit for the discharge of their duties on the report of at least two physicians, such disability being non-job related, the medical reports submitted with the applicaton for disability allowance from I1r. Ruddock clearly indicate that his injuries are job-related and that the Board of Trustees on August 19, 1986, approved the retirement of Mr. Ruddock under section 9(2) of the Pension Act which deals with employees who are disabled while engaged in the actual performance of their duties; and recommending that the resolution adopted by Common Council on July 21, 1986 in this matter be rescinded -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Rose H. Hamilton regarding the area at the corner of Albert and Victoria Streets opposite the bus stop which was left in a mess with stones and dirt allover the sidewalk and road following work on a sewer by the City in 1985 -- be referred to the City Manager for investigation and a report to Council. . Mr. Robichaud advised that staff has been directed to replace the concrete curb, repair the asphalt cut and sweep the sidewalk in the above area and the issue of grass plots between the curb and the sidewalk was directed to the Recreationand Parks Department for consideration. The Mayor re-iterated her request that staff look into the matter of an area for children to use their skateboards and Mr. Clark advised that the Director of Recreation and Parks has submitted to him a proposal in this regard which will be included for discussion of the 1987 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn .1 Seconded by Councillor Rogers RESOLVED that the letter from united Transportation Union expressing concern with the future of rail safety; referring to the matter of the elimination of the caboose to be replaced by an electronic monitoring device referred to as End of Train Information System (ETIS), the latter which the railways claim will save them millions of dollars per year while the United Transportation Union believes that this technology has yet to be perfected and that elimination of the caboose and its crew will further compromise the safety of rail transportation in Canada; suggesting that, if Council agrees that elimination of the caboose and employee at the rear of a trail is a serious safety issue involving the public interest, Council write to The Honourable John Crosbie, Federal I1inister of Transport, to request that a hearing be held in this area, with correspondence also to be addressed to Mr. John O'Hara, Secretary of the Railway Transport Committee of the Canadian Transport Commission, and also suggesting that Council consider making a repre- sentation at the public hearings on behalf of the community expressing the concerns of the residents in this matter -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that the application of Brass Tap Pub Ltd. for the re-zoning of 535 Westmorland Road be referred to the Plannding t' , , Advisory Committee for a report and recommendation and that the necessary aver lSlng be authorized in this regard, with the public hearing to be held on October 14, 1986. Question being taken, the motion was carried with Councillors Flewwelling and Rogers voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Davis RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. rz2//ytf/f YJ//d2~ mmon Clerk . .... ,... ~1 John, on At a meeting of the Common Council, held at the City Hall in the City Monday, the eighth day of September, A.D. 1986, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor of Saint . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; Paul Groody, Commissioner of Human Resources; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; J. Levesque, Public Relations Manager; B. Sheridan, Assistant Director of Parks; tis. Y. Huntington-LeBlanc, Director of Tourism; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk and Mrs. L. Linton, Secretary I Reverend Paul Fosmark of Fundamental Baptist Church offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on September 2, 1986, be approved. Question being taken, the motion was carried. I Her Worship the Mayor welcomed Miss Seanna Pike, a recent graduate of Saint John High School who is now attending the University of New Brunswick in Saint John and presented her with the Duke of Edinburgh Gold pin Award; an award which represents a challenge to young people between the ages of 14 and 25 years and offers opportunities for broadening their interests and experience under adult 'guidance and assessment through participation in a program of practical, cultural and adventurous activities and which requires much personal committment by each participant and instills in them qualities of self-discipline, self-help and self-reliance. The Mayor also recognized Mr. David Williams, a teacher at Saint John High School, who is actively involved in the Duke of Edinburgh Award Program. Councillor M. Vincent advised he represented Her Worship the Mayor at the Second Annual Forest Glen Family Fun Days on the weekend and brought greetings to them on her behalf. Her Worship the Mayor advised that she has spoken with Mr. Keith Dow, M.L.A. and she is pleased to announce that The Honourable Mr. R. McCready has made available $100,000.00 for the resurfacing of Fairville Boulevard, and if there are any extra costs the City will complete the work and bill the Province next year. On motion of Councillor Knibb . RESOLVED that a letter of appreciation be forwarded to Mr. Keith Dow, M.L.A. for his endeavours on behalf of the City of Saint John with respect to the resurfacing of Fairville Boulevard. Seconded by Councillor Gould Question being taken, the motion was carried. I Her Worship the Mayor read a proclamation proclaiming September 18th to September 20th Luxor Shrine Paper Sale Days in the City of Saint John the proceeds of which go to the Shrine's orthopedic' and burns hospitals for children. The Mayor noted that the premiere showing of the film "Children of A' Lesser God" will be held on September 20th at the Paramount Theatre and the proceeds will be donated to the Bi-Capitol Theatre project. The Mayor noted that Council has been asked to make a donation to the Terry Fox Run as well as the Cobblestone Classic Bicycle Race which took place on the weekend, and she will approach each Councillor on an individual basis in this regard. Councillor A. Vincent advised he represented the Mayor this morning at the Canadian Papers Workers Convention which has approximately 960 registered delegates and guests and extended greetings from the City. I Her Worship the Mayor referred to the provincia'l Days of Rest Act and the illegal opening of stores on Sunday and noted that the ma,tter is in the hands of the Police Department and the Crown Prosecutor's Office to take whatever action is necessary and suggested that anyone having questions as to whether they are in violation of the Act contact their own solicitor or local police Department. . The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone an approximate 10 acre parcel of land (L.R.I.S. Numbers 27474/and 31757 and portions of 27227 and 27219), located between Thornborough Street and Park Street Extension, from "PM-I" Three-Storey Multiple Residential to "R-2" One- and T~To-Family Residential, to permit subd:i!vision and development of one and two family dwellings, rather than multiple dwellings, as reauested by Mr. Ronald Kincade, and that no written objections were received in this regard. ~ ~ 12 ,Consideration was given to a letter from the Planning Advisory Conunittee reconunend~ng that the property located between Thornborough Street and Park Street Ext~nsio~ !L.R.I.S. Numbers 27474 and 31757 and portions of 27227 and 27219) hav~ng c~v~c address 157 Park Street Extension be re-zoned to "R-2" One- and TWO-Family Residential classification. ' . Mr. Ronald Kincade, appeared in support of the above proposed amendment and a~vis~d that he is acting as agent for the owners. He stated the property in quest~on ~s,a 10 acre block of undeveloped land surrounded on all sides by one and two-fam~ly homes and this is an upgrading of the zoning and has no call for the.multi-dw~llin~ zon~ng that is ther~ now, however, there is a need for single fam~~y dwell~ngs 7n thls part of the c~ty. Replying to a query from Councillor A. V~ncent, Mr. K~ncade noted that there is one main sewer line running through the centre of the property, the rest will have to be serviced. }1r. Kincade advised that forty-four lots are involved in this re-zoning application which represents about half of the land and the remainder is being left unchanged with a view to future townhouses. Councillor Vaughan referred to a recommendation bv the Engineering and Works Department which was contained in the staff report - from the Community Planning Department which states that on-site retention or contribution towards downstream improvements, may be required at some stag~ as development proceeds and questioned whether this should be included in the reconunendation, to which r1r. Kincade replied he will be working with city staff and Mr. Brown advised this matter will be included in the subsequent subdivision agreement. - I I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City ,of Saint John insofar as it concerns re-zoning an approximate 10 acre parcel of land (L.R.I.S. Numbers 27474 and 31757 and portions of 27227 and 27219), having civic address 157 Park Street Extension, from "RM-l" Three-Storey Multiple Residential classification to "R-2" One- and TWO-Family Residential classification, be read a first time. . Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning an approximate 10 acre parcel of land (L.R.I.S. Numbers 27474 and 31757 and portions of 27227 and 27219), having civic address 157 Park Street Extension, from "RM-l" Three-Storey Multiple Residential classification to "R-2" One- and Two-Familv Residential classification, be read a second time. n I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. The Conunon Clerk advised that the necessary advertising was completed with regard to amending Conunon Council resolution of June 26, 1972 relating to 10-14 Wellesley Avenue by removal of a condition of the present "B-2" General Business zoning which requires that seven (7) parking spaces be provided on this property for the doctor's offices across the street at 84-86 Dufferin, Avenue, as requested by Mr. and Mrs. Charles Murray, and no written objections were received in this regard. . Consideration was given to a letter from the Planning Advisory Committee advising that, after considering the submitted staff report of August 26, 1986, it reconunends that the application not be approved. >( Mr. Martin Fineberg, solicitor for the owners, appeared in support of the above-proposed amendment and reviewed the history of how the owners came to acquire the property and the fact that they learned of the restriction relating to seven parking spaces for the doctors across the street three days before the closing of the property purchase and at that time they believed they would be able to work things out. He stated that the doctors have already told the Murrays they don't want the spaces and they have advised Mr. Fineberg on two separate occasions they have no use for the spaces and haven't used them since they moved across the street; in addition,the City has removed twq' parking spaces from the Murrays which they deemed to be dangerous. He advosed that the Murrays want to clear up the title as far as restrictions are concerned and own the property outright without having to provide parking for others who are not in the meantime using it. Discussion ensued with respect to the overflow of cars from the Thistle-St. Andrews Curling Club parking on Dufferin Avenue and the complaints from the residents of the said street, however, Mr. Fineberg noted that most activities at the Curling Club take place during the evening hours and that the doctor's office hours are 9:00 a.m. to 5:00 p.m. Councillor Davis noted that in order for Drs. Craig to get zoning for their clinic across the street in 1972, seven spaces had to be provided across the street and the doctors, according to the City's regulations, still require not only the seven spaces but parking requirements for doctors were increased in 1983 from three spaces per doctor, to five spaces per doctor and they are delinquent unless ~hey have acquired parking somewhere else and stated that the Murrays are caught ~n the middle and they should not be penalized. Mr. Brown noted that if the parking spaces are removed, then undoubtedly people will park on Dufferin Avenue and that it is his understanding that in the past a sign designating the area as I I . ..4 II"'" 13 doctor's parking had been on the site, however, it is no longer there. Councillor Rogers asked if Council would be setting a precedent for further requests that might come before this Council if they allow the Murrays to take away the parking spaces from the doctors. Mr. Rogers advised that Council is dealing with a proposed legislative act and from what has been presented tonight or from the correspondence, it is his opinion that Council is not bound either way and is free to approve the request or reject it and the decision tonight will not affect future decisions. . On motion of Councillor A. Vincent I Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week so that staff can obtain a written confirmation that Drs. Craig do not require the seven parking spaces in question. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, MacDougall, Schermerhorn and Vaughan voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as requested by Mr. and Mrs. Charles Murray the Common Council resolution of June 26, 1972 relating to 10-14 Wellesley Avenue be amended by removing the condition of the present "B-2" General Business Zoning which requires that seven (7) parking spases be provided on this property for the doctor's offices across the street at 84-86 Dufferin Avenue. Question being taken, the motion was lost with Councillors Davis, Gould, Rogers, Vaughan, A. Vincent and M. Vincent voting "nay". (Councillor MacDougall withdrew from the meeting) . On motion of Councillor Schermerhorn Seconded by Councillor Rogers' RESOLVED that the letter from the Planning Advisory Committee with regard to the above matter be received and filed. Councillor A. Vincent proposed a motion, which was seconded by Councillor M. Vincent, that the above application be referred to staff,however, this motion was ruled out of order upon the City Solicitor advising that as Council has already dealt with the matter, further action can only be taken if a further application for a change in the conditions of rezoning is submitted to Council by the applicants. Question being taken, the motion was carried. I On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the re-zoning of property located between Thornborough Street and Park Street Extension, which had been considered earlier in the meeting, be received and filed. Question being taken, the motion was carried. (Councillor MacDougall re-entered the meeting) I,. Mr. John Merzetti addressed Council on behalf of the residents of a portion of Lancaster Street regarding the proposed installation of an asphalt sidewalk rather than a concrete sidewalk and referred to the points outlined in his brief which had been previously distributed to Council and summarized the points raised, namely, (1) the argument from City staff as to why they cannot install concrete on Lancaster Street when they have already done ten streets on the West Side; (2) the fact that there is no money for the additional cost when there is money for the other streets; and (3) the decision to replace asphalt with asphalt and concrete with concrete and the fact that entire blocks have been done with concrete and could have been rebuilt with asphalt. Mr. Robichaud advised that his previous report stated that sidewalks west of City Line were built by the former City of Lancaster in concrete and' streets east of City Line were of asphalt and in order to put in a concrete sidewalk on Lancaster Street it would cost an additional $10,000.00. Mr. Robichaud further noted that the City has 313,000 feet of concrete sidewalks and of that 200,000 feet are 10,cated in West Saint John; the City has 600,000 feet of asphalt sidewalks with 350,000 located in the central district, 167,000 feet in the eastern area and 78,000 feet in the western area and explained the reasons for the streets listed in Mr. Merzetti's brief being installed in concrete, namely, Sand Cove Road, Maple Rowand Fundy Drive are all ~est of City Line; in the case of Watson street and Ludlow Street the majority of funding came from the Federal Government under the NIP Program; Lancaster Avenue is a major arterial and the City has a policy of placing concrete curbs and sidewalks on major arterials; and Pagan Place is designated as a Heritage Preservation area and that is the reason for concrete. The City Manager advised that administration is studying a proposal for all concrete install- ation in the 1987 capital budget. The Mayor thanked Mr. Merzetti for this presentation and advised that Council will render a decision on this matter later in the meeting. . I On motion of Councillor M. Vincent . Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne regarding the schedule of Council meetings for the months of September and October, recommending that the meeting normally held at 7 p.m. on October 6th be rescheduled to 4 p.m. due to Saint John Port Days - be received and filed, and the recommendation adopted: AND FURTHER that the Council meeting scheduled for Tuesday, October 14th, 1986 be cancelled. Question being taken, the motion was carried. .... ~ 14 On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. John Logan regarding the problems being incurred by residents in the Canterbury Street - Germain Street area due to construction at the Saint John High School -- be referred to the City Manager and Parking Commission for a report and recommendation. . Question being takne, the motion was carried. On motion of Councillor MacDougall Seconded by Councillor Vaughan RESOLVED that the letter from Councillor MacDougall, M.D., responding to a letter from the Minister of Health and Community Services, the Honourable Nancy Teed, concerning community-based services for children, noting that twenty-three children with special needs from Saint John received assessments and/or treatment at the I.W.K. Hospital in Halifax, and as Saint John has 12.37% of the New Brunswick population it would seem reasonable to extrapolate that 186 children from the province need a Childrens Hospital to deliver such services, and recommending that the first recommendation of the Dr. William F. Roberts Hospital Committee be implemented by the Minister, namely, the establishment of a strong community-based Board responsible for the provision of necessary services for developmentally delayed or handicapped children -- be received and filed and the recommendation be forwarded to the Minister of Health and Community Services. I I Question being taken, the motion was carried. The Mayor advised that there are two items to be added to the agenda which were considered earlier this date, one from Legal Session and one from Committee of the Whole, regarding the explosion and fire which took place on April 19, 1986 and an application by Irving oil Ltd for rezoning of property at 328-346 Union Street, respectively. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above-noted items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillors Schermerhorn and M. Vincent withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb I -' Seconded by Councillor Vaughan RESOLVED that The City of Saint John hereby authorizes the commencement of legal action against Irving Oil Ltd. and the lessee, George Day, for the recovery of costs to the City in connection with the explosion and fire at the Irving oil service station on the corner of King Square South and Sydney Street. Mr. Rodgers cautioned the members of Council on making statements due to the fact that this matter is going before Court. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". . On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the reports submitted by the City Manager and Norman E. Cooke, Eng., Sc.D., regarding the explosion and fire which took place on April 19, 1986, be received and filed and made public. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that authority be granted for payment of the following amounts representing accommodation costs in local hotels and motels of residents affected by the State of Local Emergency of April 19th and 20th, 1986, namely: Keddy's Fort Howe $7,392.67; Howard Johnson's $2,911.08; Holiday Inn $2,857.64; and Colonial Inn $223.22. Question being taken, the motion was carried. I . ~ ,.. 15 On motion of Councillor Flewwelling . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt August 27 to September 2, 1986 $26,894.91 Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting) I Consideration was given to a letter from the City Manager advising that Council at its meeting of June 2nd received and filed a letter from the Recreation and Parks Advisory Board concerning election signs that had not been removed and gave direction to notify Mr. Ralph Landers to remove his posters within seven days; and that this June 2nd resolution has been reviewed by the Legal Department which has prepared the submitted resolution for Council's considera~ion. On motion of Councillor Schermerhorn Seconded by Councillor Rogers I RESOLVED that Mr. Ralph Landers remove all of his election posters, relating to the May 12th civic election, from City property within 20 days of service of this order by the Building Inspector: AND FURTHER that if Mr. Landers has not complied with the order, the Assistant City Manager of Operations be authorized to remove the election posters: AND FURTHER that the Legal Department be authortzed to commence the appropriate Court action to recover all City costs, expenses and damages. (Councillor M. Vincent re-entered the meeting) . Councillor A. Vincent asked if the Elections Act could be amended so that candidates seeking office would post a sum of money and if they failed to take down their posters they would forfeit the deposit. Mr. Rodgers replied that this could be suggested to the Department of Municipal Affairs. Question being taken, the motion was carried with Councillors Knibb and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling I City Manager, certificates, RESOLVED that as reconnnended by the authority be granted for payment of the following construction progress namely:- 1. Concrete work 1985 (Carryover - Queen Square South) Que-Mar Construction (Maritimes) Ltd. Original estimated value of contract Total work done, EstirnateNumber 6 Retention payments previously approved Sum reconnnended for payment, Progress Estimate Number 6, dated August 27, 1986 Final holdback release $93,773.50 116,413.86 Nil 110,735.21 5,678.65 2. Meadowbank Avenue - storm sewer Contract #85-24 Dean Construction Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated August 27, 1986 Final holdback release. $27,680.00 32,799.00 Nil 29,994.00 . $ 2,805.00 I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling I RESOLVED that the letter from the City Manager advising that Council at its meeting of August 18, 1986, tabled a letter from The Market Square Corporation concerning the operation of the Market Square Parking Garage for the six months ended June 30, 1986 pending a report from the City Manager with respect to the questions asked by Councillors, and submitting a report from the Chairman of the Market Square corporation with respect to lease payments, hotel guest parking, parking garage "full" sign and license expense --be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager, submitting a report from the Deputy Commissioner of Houstng and Renewal Services and Property Management with respect to the Agency Agreement between the New Brunswick llr.. ~ 16 Housing Corporation and the City of saint John which outlines all the terms and con~itions under which the Residential Rehabilitation Assistance Program is dellvered and the agency fees received by the municipality, recommending that approval be granted for the execution of the Agency Agreement -- be received and filed, and the Mayor and Common Clerk be authorized to execute the said agreement on behalf of the City. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I I Her Worship the Mayor requested the City Manager to contact the Department of Environment ,to determine when they are going to put the pollution monitoring station back into service in the eastern area of the City which went out of service during an electrical storm. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the report from the City Manager, advising that Council at its meeting of September 2nd during discussion of payment of asphalt invoices, requested further information on the matter of Federal Sales Tax on asphalt, advising that on July 1, 1985 there was a change in Federal sales tax application and that it was formerly charged only on liquid asphalt, but on that date it was made effective on the total cost of the asphalt as the whole substance was regarded as a manufactured product and that this tax has subsequently been increased by 1% on January I, 1986 and a further 1% on April 1, 1986, and is now 8%, and that Provincial sales tax, now 11%, was always charged on the total cost to the City in every instance, and when buying manufactured products on which Federal sales tax is payable, the City pays tax on tax, and submitting a copy of a brief from the Ontario Road Builders' Association to the Minister of Finance which was submitted to Council for information last year -- be received and filed: . I AND FURTHER that Common Council endorse the presentation being made to both the Federal and Provincial Governments by the Ontario Road Builders' Association that the tax on asphalt used by municipalities for road paving be removed, and that this matter, and the matter of Federal sales taX being payable on provincial sales tax, be pursued through the Provincial~Municipal Council. Her Worship the Mayor suggested that the City seek the support of other municipalities in this matter through the Provincial Municipal Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for U.N.B.S.J. Canada Games Field Irrigation System be awarded to the low tenderer, Holmes Irrigation Inc., in the amount of $34,400.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents: AND FURTHER that the Canada Games Foundation be requested to fund the total amount, of this project. I Her Worship the Mayor noted that the Canada Games Foundation gave the City a quotation of $30,000 for the above-noted work. Councillor M. vincent expressed his disappointment in the number of firms bidding on the contract and was assured that the tender was publicly advertised. Question being taken, ,the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". Read a letter from the City Manager containing a report from the Deputy Commissioner of Community Planning regarding the application for a Municipal plan amendment and a Zoning By-Law amendment by Irving oil Ltd for property at 328-346 Union Street, which had been tabled at Council's last meeting, advising that when the applicant initially inquired about approvals required for this development, it was suggested that the present zoning of "RM-l" Three Storey Multiple Residential remain, but the text of the zone be modified to specifically permit the development of a parking lot at this site which would leave the Municipal Plan residential designation intact and not extend commercial zoning along union Street, as a decision to expand the downtown is a very important one and should be supported by specific development proposals and recommending that the Irving application not be proceeded with but that an amendment to the existing "RM-l" zone be advertised to specifically permit the proposed parking lot, as outlined in the said letter. I . ...4 ,..... - ~ -. - 17 On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the application of Irving Oil Ltd. for a Municipal Plan amendment and re-zoning of property at 328-346 Union Street not be proceeded with: AND FURTHER that a proposed amendment to Section 310(2) (a) (c) of the Zoning By-Law to permit a parking lot for commercial purposes at 328~347 union Street, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on October 20, 1986. I Question being taken, the motion was carried. Her Worship advised that in view of the cancellation of the October 14th meeting of Common Council, a change in the time of Council's meetings to be held on October 20th and 27th should be made in order to facilitate the scheduling of public nearings. On motion of Councillor Rogers I Seconded by Councillor Gould RESOLVED that the Common Council meeting of October 20th be rescheduled to 7:00 o'clock p.m. and the meeting of October 27th be rescheduled to 4:00 o'clock p.m. Question being taken, the motion was carried. . Consideration was given to a letter from the City Solicitor advising that a request was received from the solicitor for H.William Springer for a quit claim deed from the City for any interest it may have inadvertently retained because of an error in the description of the 1941 deed from the City to the previous owner, and submitting a resolution for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Mayor and Common Clerk be authorized for and in consideration of one dollar ($1.00) to execute a quit claim deed to H. William Springer of any interest the City of Saint John has or may have in and to those lands know for civic purposes as 60 pitt Street. Question being taken, the motion was carried. I Read a letter from the City Solicitor advising that Council, at its meeting of September 2nd, 1986, adopted a resolution providing "that Crestwood Street not be completed pending a planning study for the Millidgeville area and, if at that time consideration is being given to Crestwood Street, there be discussion with the area residents, and that the P & L Holdings Ltd. Brentwood Park Subdivision, Phase 5 proceed at this time excluding property north of Daniel Avenue, supject to review by the Legal Department", advising that the review by the Legal Department was requested for the purpose of examining the procedure leading up to the resolution adopted by Council on August 5, 1986 and it is his opinion that the resolution of August 5th is valid and effective for the purposes of bringing into existence a supdivision agreement as well as to carry out the other requirements and conditions as spelled out in the resolution including the extension of Crestwood Street to Daniel Aven~e an~ with respect to the reference in the September 2, 1986 resolution that "Crestwbod Street not be completed pending a planning study for the Millidgeville area," it is his opinion that Council should adopt the submitted resolution and amend the assent given on August 5, 1986, if it desires that Crestwood Street not be completed at this time. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the August 5, 1986 resolution be amended by deleting in paragraph (a) the following words: "except that Crestwood Street would be extended to Daniel Avenue": I AND FURTHER that the Subdivision Plan show Crestwood Street from its existing location to Daniel Avenue as a future street: AND, FURTHER that the subdivision be obligated to construct Crestwood Street eighteen (18) months of the signing of the Street extended. agreement contain a clause that the Developer to Daniel Avenue if Council decides within , subdivision agreement to have Crestwood Question being taken, the motion was carried with Councillor Rogers voting "nay". I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of IPC~ Properties Inc../Atlantic Wholesalers Ltd. have been completed and that the requi-red waiting, period for objections expired on September 4, 1986 and no written objections have been received. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the application of IPCF Properties Inc.jAtlantic Wholesalers Ltd. for a Municipal Plan amendment and re-zoning of 166 Rothesay Avenue be referred to the Planning Advisory Committee for a report and recommen- dation and that the necessary advertising be authorized in this regard, with the public hearing to be held October 20, 1986. ' ll.. "'lIIIl '18 Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, September 2, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- I 1. That the letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, thanking Council for the opportunity to appear , before Committee of the Whole on July 7, 1986 to address the matter of community- based services for children; presenting some facts about this program and concluding that she welcomes discussion about any program of the Department of Health and Community Services with Council -- be received and filed and made public. I 2. That as recommended by the City Manager, (1) the City acquire a 20-foot wide portion of land along the eastern boundary of property on Thorne Avenue identified as L.R.I.S. Number 19802 from Mr. John Ritchie and give him a right- of-way over it; (2) the City's interest in the 20-foot right-of-way on the eastern side of the abattoir property identified as L.R.I.S.Number 411710 be transferred to Mr. John Ritchie and be subject to a 10-year option to reacquire approximately 1,230 square feet on the Thorne Avenue end for future road widening purposes, the purchase price of the land, if the option is exercised, to be calculated as a percentage of the estimated market value of the owner's total adjoining land hOldings, the percentage used to be the ratio that exists between the optioned parcel and the total land area; (3) an easement be executed by Mr'. Ritchie that the 12.1 x 20.6 foot section of his building that his encroaching on the abattoir property will be removed at his expense if such is required by the eventual purchaser of the City property, and (4) survey and subdivision costs connected with the transfer of the 20-foot wide portion to the City to be paid by the City and any such costs associated with the transfer of the right-of-way to Mr. Ritchie to be paid by him. . 3. That the Saint John Board of Trade be requested to establish a committee to review the salaries of the Mayor and Councillors of the City of Saint John. Respectfully submitted, September 6, 1986 Saint John, N.B. (sgd. ) Elsie ',E. Wayne, C h a 'i r man. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 2 of the above . report be adopted. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. I Councillor A. Vincent advised that he seconded the original motion at a previous meeting with the provision that Council establish the committee to review the salaries and suggested that the original motion adopted in open session of Council will have to be rescinded and questioned the legality of the present resolution, to which the Mayor advised that the Nominating Committee brought to Committeee of the Whole its recommendation of the citizens they felt should be appointed; Committee of the Whole did not agree with those recommendations and last week it was duly moved and seconded that the citizens to review the salaries of the Mayor and Councillors would be a committee established by the Board of Trade. CouncillorA. Vincent expressed his concern that there may be members of this committee who are not residents of the city. The City Solicitor advised that the open session resolution was incomplete and required further action to carry that into effect and in the meantime Council is giving effect to it by this motion and if it is what Council desires it automatically makes the previous resolution ineffective. Councillor MacDougall noted that the proposed committee will submit a recommendation for Council's consideration. Responding to a query 'by Councillor M. Vincent as to whether it is the intent of the resolution to have the Board of Trade establish a committee within the Board of Trade or to establish a committee of citizens, the Mayor replied she assumed they would be members of the Board of Trade, but such a requirement is not included in the proposed motion. I . ...4 ,.. 19 Speaking in opposition to the resolution, Councillor Knibb stated he does not believe Council is entitled to a raise at this time and if any raises are to be considered it should be immediately before a civic election. Councillor Rogers stated that since 1979 there has been no increase to Councillor's salaries and that is the reason for her seconding the motion and expressed the hope that the Committee will include in their recommendations a method whereby a cost of living increase will be built into the formula. Councillor Davis, noted that he personally does not want to hand this matter over to neutral people because he feels the Councillors are adult enough to solve their own problem. . Question being taken, the motion was carried with Councillors Knibb, Schermerhorn, A. 'Vincent and M. Vincent voting "nay". I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the +etter from the Minister of Municipal Affairs and Environment regarding the appropriate application of building and zoning approvals with respect to the former West Saint Jol}n Community I1ospital;advising that the matter will be brought to the attention of the Minister of Supply and Services -- be received and filed and staff follow up this matter. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from the Minister of Labour in response to a resolution of Common Council dated August 5, 1986; advising that the government of New Brunswick has given consideration to the provision of a fund from which unpaid remuneration resulting from employer insolvencies could be paid, however, the redirection of general tax revenues of all citizens of this province towards a fund for this purpose is not acceptable and that active measures are being considered by all jurisdictions in Canada to best resolve this issue -- be received and filed. Question being taken, the motion was carried. (Councillor Knibb withdrew from the meeting) On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the Board of School Trustees, School District Number 20 regarding the pressing need for parking facilities for staff and community activities at Saint Joqn High School, the former parking facilities for this school having been permanently lost as a result of the renovation and upgrading program, and requesting the City make available to the Board any parking facilities in the vicinity of the school, either through land exchange or other alternate means -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. (Councillor Knibb re-entered the meeting) On motion ,of Councillor Flewwelling . Seconded by Councillor Gould RESOLVED that the letter from the New Brunswick Lung Association supporting the City's Environment Committee in recommending the implementation of a Smoking Control By-Law -- be referred to the City Solicitor for a report. Councillor Flewwelling advised he is of the understanding that the Minister of Municipal Affairs has a Bill prepared for presentation to the Legislature to enable municipalities to enact by-laws to control smoking in public places. The City Solicitor noted that presently there is no authority to enact the said by-law. On motion of Councillor Schermerhorn .1 Seconded by Councillor Rogers RESOLVED that the letter from the New Brunswick Lung Association supporting the City's Environment Committee in recommending the implementation of a Smoking Control By-Law -- be tabled u~til such time as legislation is enacted to allow municipalities to enact by-laws to control smoking in public places. Question being taken, the tabling motion was carried with Councillors Davis, MacDougall, A. Vincent and M. Vincent voting "nay". I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Heather Thibodeau with respect to City services in the area of Boylan Road and Flecknell Avenue, be referred to the City Manager for consideration in the 1987 capital budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letter from the residents of .... ~ 20 Clark Road #2 requesting that consideration be given tochipsealing this road and advising that Council resolution of December 20, 1985 referred this matter to the capital budget and further requesting that this matter receive consideration and action -- be referred to the City Manager for consideration in the 1987 capital budget. . Question being taken, the motion was carried. . ,: '. ~) On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the letter from Richard Mathieson regarding the lack of a Union Jack among the flags being flown at the Reversing Falls -- be received and filed and staff be requested to make provision to fly the Union Jack at this location. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from William F. White regarding the paving of the sidewalk on Webster Street be referred to the City Manager and staff for a report at the next meeting of Council. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. L. C. Palmer, containing a request to have water and sewage services to lot 47 on Palmer Street by bringing the said services from Lakeview Drive across lot 48 -- be received and filed and the request approved. . Mr. Robichaud advised that this matter was dealt with previously by Council and staff recommended against it and his recommendation at this time remains the same. Question being taken, the motion was lost with the I1ayor and Councillors Davis, Flewwelling, MacDougall, Rogers and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from Mrs. Alta Wilson regarding the enforcement of a curfew for youths, be referred to the Police Commission. I Question being taken, the motion was carried. Consideration was given to the presentation made earlier in the meeting requesting the installation of concrete sidewalks on Lancaster Street. On motion of Councillor A. vincent Seconded by Councillor M. Vincent RESOLVED that concrete sidewalks be ' installed on Lancaster Street and the cost be charged to the 1987 capital budget. Question being taken, the motion was carried with the Mayor and Councillors . Davis, Knibb, Schermerhorn and Vaughan voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yh"1 w Vkjr~ Common Clerk I I. . ~ II""'" 21 . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of September, A.D. 1986, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn and Vaughan - and - I '.r.: Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichapd, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; s.' Bedford, Deputy Commissioner of Planning; W. D. Todd, Dep~ty Commissioner of Housing & Renewal Services and Propert~ Management; R. G. Riley, Chief of Police; R. McDevitt:, Fire Chief; P. Groody, Commissioner of Human Resources; J. Brownell, Assistant Director of Recreation; M. Hanl~n, Purchasing Agent; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant COmmon Clerk. I Reverend Brian G. Sheehan, Chancellor of the Rom:an Catholic Diocese of Saint John, offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that minutes of the meeting of the Common Council, held on September 8, 1986, be approved. ' Question being taken, the motion was carried. Her Worship the Mayor read a proclamation procla~iming September 16, 1986 to be International Day of Peace in the City of Saint John. (Councillor Rogers entered the meeting.) I Councillor Schermerhorn suggested that the letter from the City Manager (copies of which were forwarded to Council members as an information item) submitting a copy of a post card as an example of the effort the Community Planning and Development Department is making to let the members of the public kno~ that it is trying to serve them better, should be added to the agenda, and the Mayor 'asked that the City Manager's item respecting the Lord Beaverbrook Rink, which was to b~ considered in Committee of the Whole later this date, be added to the agenda for consideration at this meeting. Councillor Flewwelling suggested that the letter to the Mayor from Hillcrest united Baptist Church (copies of which were forwarded to Council members as an information item) regarding the Days of Rest Act should be added to t~e agenda. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- ,I 1. Contract 86-6, Lakewood Avenue Storm Sewer Paul & Bruce Martin Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated September 5, 1986 Final holdback release $ 70,464.00 66,990.39 Nil 55,908.75 $ 11,081.64 I 2. Contract 86-1, Church Street Water & Sewer Que Mar Construction (Maritimes) Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated september 8, 1986 Final holdback release $141,896.00 128,611. 32 Nil 101,624.10 $ 26,987.22 . Question being taken, the motion was carried. .... ~ 22 On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City granted for payment of the following invoice, namely:- Ltd. - supply of asphalt September 3-9, 1986 $45,586.95 . Manager, authority be Stephen Paving (1982) Question being taken, the motion was carried. On motion of Councillor Gould RESOLVED that as recommended by the City Manager, the tender for supplying the City's 1986-87 winter season salt requirements be awarded to Iroquois Salt Co. at a price of $25.38 per tonne plus tax. Seconded by Councillor Vaughan I Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City I Manager, the tender of Fairville Dept. Store Ltd., in the amount of $69.90 per pair, be accepted for the supply of safety boots on a consignment basis. ' Councillor Vaughan, in referring to a letter forwarded to Council members as an information item on September 8 indicating that substandard boots were delivered to the Police Department and to a letter from Mr. J. Koven of the Fairville Department Store (copies of which were distributed to Council members earlier this date) explaining that the sizes of the boots and shoes supplied by tender to the Police Department had been stamped incorrectly at the factory and subsequently changed by hand by the Store, asked if the above product meets the specifications. Mr. Hanlon replied that, although the quality of the boots and shoes supplied by the Fairville Department ~ Store to the Police Department was not in question, the manner in which the sizing was indicated was unacceptable, the product was rejected and the order was cancelled; however, he has no hesitation, based on the fact that there has been no problem with the quality and service provided by Fairville Department Store which successfully tendered on the above contract on numerous occasions over the past few years, in recommending the above tender award. Discussion ensued regarding the problem with sizing of the boots and shoes supplied to the Police Department. Question being taken, the motion was carried with Councillor MacDougall voting "nay". On motion of Councillor Rogers Seconded by Councillor Vaughan 1-' RESOLVED that the letter from the City Manager advising that, in order to proceed with the installation of a stop sign on Duke Street West which was authorized by Common Council resolution of September 2, 1986, legislation is required to delete Duke Street West from Schedule E of the Traffic By-Law, and recommending that the new stop signs be placed on Duke Street West at the Watson Street intersection and further that the proposed amendment to the Traffic By-Law receive first and second readings and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting . Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Councillor Knibb expressed opposition to the above Traffic By-Law amendment on the basis that Duke Street West will cease to be a through street, and Councillor Schermerhorn asked if the above action will change the overall traffic pattern in the area to which Mr. Robichaud replied that vehicular traffic will likely transfer to the adjacent street, which is a through street, which could create a problem. Question being taken, the motion was carried with Councillors Davis, Knibb, MacDougall and Schermerhorn voting "nay". I. On motion of Councillor Rogers Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. I Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John r~ade Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried with Councillors Davis, Knibb, MacDougall and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by councillor Rogers . RESOLVED that the letter from the City Manager advising that staff has installed no parking s~gns on both sides of the portion of ~ ,... -"Y--.-I-: 23 . Union Street extending westerly from Smythe Street and along the entire perimeter of the turn-around area at the end of the street in view of a serious problem whereby fire equipment was unable to gain immediate access to fire hydrants in the boardwalk and grass area between the condominiums and the apartment buildings because vehicles were parked in the turn-around area and recommending that the submitted amendment to the Traffic By-Law receive first and second readings and that it be referred to the Legal Department 'for appropriate action -- be received and filed and the recommendation adopted: Traffic Vehicle AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting On Streets In The City Of Saint John Made Under Th~ Authority Of The Motor Act, 1973, And Amendments Thereto", be read a first time. I Traffic Vehicle Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting On Streets In The City Of Saint John Made Under The Authority Of The Motor , Act, 1973, And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By"'Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Tflereto", be read a second time. Read a second time the by-law entitled, ,"A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under Th~ Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to council's request on Septemb~r 8, 1986 for information as to when the air quality monitoring station in Forest Hills would again be operating, the Environment New Brunswick Inspector advises that the d4ta logger at the station was damaged in an electrical storm in August and that, altqough the replacement equipment has not yet been received, every effort is being made to obtain it and to resume air quality monitoring at this station, and also advising that there is still air quality monitoring being done in the uptown area but this station cannot be moved to Forest ,Hills as it is part of the Federal air quality n~twork -- be received and filed and the possibility of having a back-up system installed be pursued. Councillor Rogers asked what system is in place on the West Side of the City to monitor the air quality and the Mayor suggested th~t the City Manager should request a full report from the Minister of Environment including information on the type of system in place on the West Side, what action is b~ing taken in the eastern section of the city and what future action is proposed to ~esolve the air quality problem in the city. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the le~ter from the City Manager submitting a report from the Assistant City Manager - Operations explaining that, with regard to the letter from Mr. William F. White which ~as considered by Council on September 8, 1986, the sidewalk on the east side of Web~ter Street was not resurfaced with asphalt under the 1986 Maintenance Program because, a+though the surface has some slight cracking with grass growing in the small cracks, it is otherwise a smooth regular surface and this particular sidewalk is not deteriqrated sufficiently to justify resurfacing it at this time and advising that staf:!!, proposes to recommend that sufficient funds be included, in the 1987 budget so th<!t chemical weed control can be carried out on grass growing in joints and cracks in sidewalks -- be received and filed. . Mr. Robichaud advised that two students, who were hired by the City for the past summer, looked at all streets and sidewalks in the City which resulted in there now being a priority list of what work is required. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb I RESOLVED that the letter from the City Manager advising that, with regard to the submitted post card whic~ is an effort of the Community Planning and Development Department to make the public aware of its efforts to serve it better, this is just one of the initiatives th~t is being pursued to achieve a more positive image of City Hall -- be received and filed and made public. I Question being taken, the motion ,was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council increase the 1986 operating subsidy to the Lord Beaverbrook ll.... ~ 24 Rink by $21,000.00 to permit the acquisition of a moisture resistent ice covering. Question being taken, the motion was carried. . On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the copy of a letter to the Mayor from the Hillcrest United Baptist Church expressing support of her position concerning the upholding of the present Days of Rest Act be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the by-law entitled, "By-Law Number C.P. 100-85 A Law To Amend' The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximate 10-acre parcel of land at 157 Park Street Extension (L.R.I.S. Numbers 27474 and 31757 and portions of 27227 and 27219), located between Thornborough Street and Park Street Extension, from "RM-l" Three- Storey Multiple Residential to "R-2" One- and Two-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. .1 The by-law entitled, "By-Law Number C.P. 100-85 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. Read a letter from the Common Clerk advising that, in view of the cancellation of the Common Council meeting scheduled for October 14, 1986, it will be necessary for Council to amend the September 2, 1986 Council resolution ,to change the date of the public hearing of the application of Brass Tap Pub Ltd. for the re-zoning of . property at 535 Westmorland Road to October 20, 1986. On motion of Councillor Schermerhorn " Seconded by Councillor Knibb RESOLVED that Common Council resolution of September 2, 1986 regarding the application of Brass Tap Pub Ltd. for the re-zoning of property at 535 Westmorland Road be amended to change the date of the public hearing to October 20, 1986. Question being taken, the motion was carried. Read report of. the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John I The Committee of the Whole reports Your Committee begs leave to report that it sat on Monday, September 8th, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb,MacDougall, Rogers, Schermerhorn, Vaughan and M.'Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, street closing procedures be commenced for the remaining undeveloped portion of Margaret Street, lying to the east of 237 Loch Lomond Road; and that upon successful completion of the street closing, . the portion of land shown on the submitted plan be sold to Robert Crisp, the adjoining owner, for a price of $1,000.00, such offer of sale being on the understanding the City is neither explicitly nor implicitly obligated to complete the street closing and that such closing will be carried out in the normal manner; that the survey and subdivision plans necessary to complete the transaction will be acquired by the City and the cost will be paid by Mr. Crisp at the time of transfer of the property to him, such transfer of property to take place within 30 days of the filing of the required subdivision plan. 2. That the Aquatic Centre Commission be requested to subsidize the Saint John I Swim Club based on the formula used for minor hockey in City arenas, at two-thirds of the commercial rate for a twenty-two week period each year, to a maximum amount of , $10,000.00 annually. 3. That as recommended by the City Manager, approval be given for construction of the proposed Operations Building on Rothesay Avenue to house the Water and Sewerage and Works divisions of the Engineering and Works Department, and the Supply and Services Department, with the understanding that in addition to the amount of $500,000 provided for in the 1986 budget, the amount of $800,000 will be committed in the 1987 I, Capital Budget. September 15, 1986, Saint John, N. B. Respectfully submitted, {sgd.l Elsie E. Wayne, C h air man. On motion of councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above . report be adopted. Question being taken, the motion was carried. ~ ,.. 25 On motion of Councillor Vaughan adopted. Seconded by Councillor Gould RESOLVED that sectio~ 2 of the above report be . On motion of Councillor Knibb I Seconded by, Councillor Schermerhorn I RESOLVED that the above matter be laid on the table in view of the report to be presented in Comm~ttee of the Whole later this date by Fundy Clipper Aquatic Club Inc. so that Council can determine how it can assist swimming in the City of Saint John. ' , Question being taken, the tabling motion was carried with Councillor Davis voting IInay". I On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Rogers RESOLVED that secti9n 3 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconeed by Councillor Rogers , I RESOLVED that the letter from Mr. Hugh H. McLellan,advising that, as he has been appointed as a Judg~ of the Court of Queen's Bench of New Brunswick, he must now resign as Chairman and:a member of the Saint John Port Development Commission -- be received and filed and Council express appreciation to Mr. McLellan for his services and wish him well in his appointment. ' , The Mayor advised that at a meeting of the Commission earlier this date Mr. Harry Gaunce was made the inte~im Chairman until the expir~tion of Mr. McLellan's term of office. Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVEDthat!the letter from Kiwanis Club of Saint John Limited referring to the presentation tc? Council on July 7, 1986 with regard to the Saints Rest Marsh, expressing support OE conserving this saltwater marsh territory and the hope that Council will ensure thatlany action taken to upgrade the adjacent sewerage lagoon will not jeopardize this area; and requesting that Council direct attention to this valuable resource as investigation of the City's tourism potential continues --,be referred to the City ManJger for consideration in the preparation of the final report on the development of ~he Lancaster sewage lagoon. Mr. Robichaud confirmed that a proposal call for1the above project is being advertised this week. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan ; RESOLVED that the letter from the Saint John Transit Commission advising that, having been advised by t~e General Manager that Common Council was interested in the Commission giving consideration to the implementation of a zone fare system for Saint John Transit'on routes ser-ring the outer zones of the City, the matter of a zone fare system has been addressed by the Commission on several occasions over the years and, without exception, hJs been opposed for the reasons as indicated; noting that the Commission has alway~ operated on the principle of cross subsidization which means that all passengers pay ,the same fare and successful routes offset poor routes and that the overall fare and se~vice must be set at a level which ensures a certain percentage of the cost, such Ilevel usually being approximately 60% which compares most favourably with other transit systems serving cities of a similar size as Saint John; and suggesting that, as the Co~ission's most recent review of this matter did not indicate any significant factors which would suggest the approach should be changed, the implementation of zone Ifares would be difficult to control and would have little, if any, financial impactiand should not be considered at this time ~- be received and filed. . Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Luxor Shrine Temple requesting the co-operation and assistance of the various City departments, such as POlice, Fire, Works, Recreation and Tourism, during the Annual North East Shrine Convention to be held in the City of Saint John on ~eptember 16 to 18, 1988 be referred to the City Manager for support of the Luxor T~mple's request for the necessary co-operation. . Question being taken, the motion was carried. ..... ,., 26 The Mayor advised that the letter from Badminton Nouveau-New Brunswick requesting funding for a reception has been withdrawn from the agenda at the request of the Association. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Rothesay Baptist Church Inc. regarding the recent violations of The Lord's Day Act which have occurred in the Saint John area, submitting a petition expressing support of the Mayor and Common Council in their efforts to enforce the Days of Rest Act -- be received and filed with appreciation. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of Linda Ezzat and Ahmed Ezzat for the re-zoning of property at 315 Dufferin Row be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on October 20, 1986. I' Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . VkyM'rzbrd ommon Clerk I . I I . ~ II"'" 27 . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of September, A.D. ~1986, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Kn~bb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincenti and M. Vincent - and - .~, I I' Messrs. R. S. Clark, City Manager; N. Bar~oot, Assistant City Manager - Administration; C. RObichaud, Assistant , City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Br9wn, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd,DepiIty Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; R. McDevitt; Fire Chief; P. Groody, Commissioner of Human Resources; C. E. Nicolle, Director of Recreation and Parks; J. John~on, Building , .' Inspector; J. Levesque, Publ~c Relat~ons Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyte, Assistant Common Clerk. ' Reverend Lindsey Burtt of the Full Gospel Assembly offered the opening prayer. , On motion of Councillor Schermerhorn . Council, Seconded by Councillor Flewwelling RESOLVED held on September 15, 1986, be approved. that ~inutes of the meeting of Common , Question being taken, the motion was carried. - \, Her Worship the Mayor commented on the following~atters: (1) the Man In Motion campaign of wheelchair athlete Mr. Rick Hansen, who will b~ in Saint John on October 2 to 3; (2) an article on Saint John's Hilton International Hotel which was featured in the September 1986 publication of Air Canada's Insider's RepOrt En Route Club; (3) the 1986 United Way kick-off event being held at the Trade and Convention Centre on this date and other activities planned during the campaign; and (4) the i!nformation line of the Human Development Council which, at the request of the Mayor, was! addressed by Mary Palmer who was present in the Council Chamber. 1- Her Vlorship the Mayor expressed condolences to B. Gilbert, Q.C., a former member of the Common Council, 1986. th1e I who , family of the late Mr. Adrian passed away on September 16, On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the Common Council of the City of ' . I aint John extend a message of sympathy to the family of th~ late Mr. Adrian B. Gilbert, .C. Question being taken, the motion was carried. . Her Worship the Mayor welcomed to the Council Chamber Mr. Harold Ernest Nolan nd, on the occasion of his retirement from the Canadian Cotps of Commissionaires in which e served for 18 years, 15 of which were served as a meter man for the City of Saint John, resented him with a book on the City of Saint John and a c~rtificate indicating that he s an Honourary Loyalist of the City. Councillor Vaughan, in advising that she acceptedion behalf of the City on eptember 19, 1986 a cheque in the amount of $10,000.00 from the Lancaster Kiwanis Club as art of the Club's $40,000.00 commitment in its joint effort with the City to upgrade the eaconsfield playing field, suggested that a letter of appr~ciation should be forwarded to his Club. , I On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED of Saint John express appreciation to the members of efforts in upgrading the Beaconsfield playing field. that ~he Common Council of the City the La~caster Kiwanis Club for their I , Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending SChedule-2-A, the Future Land Use Plan of the Municipal Development Plan, by redesignating a parcel of land approximately one acre in area at 1000 Rothesay Road (L.R.I.S. Numbers 297689 and 297051), having a frontag~ of approximately 200 feet on the east side of Rothesay Road, opposite Drury Cove Road, from Open Space to District entral Commercial classification and (b) re-zoning the sam~ parcel from "RS-2" One- and o-Family SubUrban ResIdential to "B-2" General Business c~assification, to permit the onstruction of a 42 J;oot by 140 foot building to house a mix of retail uses, as requested y Master Enterprises Ltd, and that a letter of objection was received from Mrs. R. L. acKenzie. I. . ~- ~ 28 Consideration was also given to a letter from the Planning Advisory Committee advising that the Committee was satisfied that the proposed development fits into the area and recommending that (a) Schedule 2-A of the Municipal Development plan be amended by redesignating a parcel of land, approximately one acre in area, with a . frontage of approximately 200 feet on the east side of Rothesay Road, opposite Drury Cove Road (L.R.I.S. Numbers 297689 and 297051), from Open Space to District Centre Commercial classification and (b) the same parcel be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification. Consideration was also given to a letter from the City Manager concurring with the advice of the Commissioner of Community Planning and Development that, should Council wish to re-zone the subject property, the proposed re-zoning should be pursuant to Section 39 of the Community Planning Act subject to the following I" conditions:- (1) the property be developed in conformity with the plan titled "Drury Cove Plaza", including features such as the landscaping which is to extend to the edge of the street, (2) the surface of all driveways and parking areas be asphalt, (3) the perimeter of the parking area and edges of driveways be finished with a minimum 6-inch high continuous concrete curb, (4) the developer install a storm drainage system as required by the Engineering and works Department, and (5) all work necessary to comply with conditions 1 to 4 be completed within one year of the issuance of an occupancy permit for all or part of the building. Mr. Murray Carpenter of Master Enterprises Ltd. was present in support of I the application and expressed the opinion that 1000 Rothesay Road is a very good ~~ location to capture business from the large volume of commuter traffic that passes by and that new business, which might otherwise locate in existing malls in the Kennebecasis Valley area, will locate in the proposed building. Mr. Carpenter advised that nearby residents are in support of the project, noted that the approval of the project will increase the City's tax base and the patronage of these businesses would be a gain for new City merchants. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development plan, to redesignate a parcel of land approximately one acre in area at 1000 Rothesay Road (L.R.I.S. Numbers 297689 and 297051), having a frontage of approximately 200 feet on the east side of Rothesay Road, opposite Drury Cove Road, from Open Space to District Centre commercial classification, be read a first time. . :",:-, Mr. Robichaud confirmed that the property in question is part of the area being considered for the possible extension of water and sewer services, and Councillor Vaughan, in noting that Planning staff recommended to the Planning Advisory Committee that, the above application be denied, asked if staff's recommendation was based on the lack of servicing or because of the intersection. Mr. Brown replied that, although there is a number of reasons for staff's recommendation to the Planning Advisory Committee, one major reason relates to the servicing situation based on the fact that there is a potential for a water problem because the area is bad in terms of in- dividual servicing; however, if a total retention system is in place for this development as recommended by the Department of Health, the problem should be minimized if properly looked after and serviced. Mr. Brown added that there is another planning reason that relates to the argument against development of the property as the City has expended a considerable amount of funds on the development of Rothesay Avenue to increase its attractiveness and, based on his understanding that there is vacant land on Rothesay Avenue, it appears to make better sense to locate the proposed development on Rothesay Avenue to obtain the sense of overall compact development instead of spreading development along Rothesay Road at this point in time. Councillor M. Vincent asked if the signage referred to in the letter from Mrs. MacKenzie can be provided to which Mr. Robichaud replied that, although staff has not looked specifically at this matter, he foresees no prOblem with signing the intersection of Rothesay and Drury Cove Roads to make it work properly. Councillor M. Vincent asked when staff anticipates presenting to Council a proposal for the extension of services to the area concerned to which Mr. Robichaud replied that staff will submit to Council a proposal for consideration in the 1987 Capital Program. Discussion ensued regarding the applicant's servicing proposal, the presentation to Council on May 5, 1986 on behalf of the Brookville/Torryburn residents with regard to lack of servicing in the area and health problems related thereto, the history of the area which involves the denial of previous applications for re-zoning on the basis that no development should take place in the area without full City services, the cost of extending services to the area and the priority given by staff to the extension. Councillor Flewwelling suggested that this matter should be tabled until Council receives a report from staff with regard to the extension of services to the area. , . I (Councillor A. Vincent entered the meeting during the foregoing discussion.) On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above matter be laid on the table pending receipt of a staff report. I Councillor A. Vincent noted that, as he was not present for the public hearing, he will be unable to vote on this matter whereupon he withdrew from the Council table. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Knibb, MacDougall, Rogers, scterriErhorn,a:nd M.vincent voting "nay". Question being taken, the original motion was lost, a tie vote having been . created with the Mayor and Councillors Flewwelling, MacDougall, Rogers andM. -Vincent voting "nay". ~ II""" 29 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the correspondence regarding the application of Master Enterprises Ltd. for a Municipal plan amendment and re- zoning of 1000 Rothesay Road be received and filed. Question being taken, the motion was carried. (Councillor A. Vincent returned to the Council table.) , .,O";"." The Common Clerk advised that the necessary adve~tising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by redesignating the area surrounding an4 including the old General Hospital, but excluding St. Joseph's Hospital on Waterloo Street; from Major Institutional to District Centre Commercial classification and (b) re-zoning the old General Hospital property on Waterloo Street from, "RM-l" Three-Storey Multiple Residential to "ID" Integrated Development classification, to accommodate la specific proposal for redevelopment of the old General Hospital to a mixed~used complex to include offices, commercial space, community services, residential, student lapartments, and a health spa, as requested by A. D. Rockwork Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Pla~ning Advisory Committee recommending that (1) the Municipal plan be amended to redesignate the old General , Hospital site and ancillary properties from Major Institutional to District Centre , Commercial classification and (2) the Zoning By~Law be amended by re-zoning the old General Hospital site and ancillary properties from "RM-l" ,to "ID" Integrated Development classification subject to a resolution of Common Council pursuant to Section 39 of the Community planning Act which would accept the applicant's proposal as contained in the document "Proposal - Former Saint John General Hosp~tal" submitted to Council July 7, 1986 amended to include the use of Building G as a Iservice building on condition: (a) that a detailed site plan indicating parking and landscaped areas in accordance with the Zoning By-Law -requirements for "B" zones, except ~nsofar as the "B" zone requirements establish minimum number of parking spaces,b~ submitted and approved by the Deputy Commissioner of Planning and (b) that signage b~ permitted in accordance with standards of the "B-2" General Business zone. I I . I Mr. Peter Zed, solicitor for the applicant, addr~ssed Council in support of the application and noted the presence in the Council Cham~er of Mr. A. Deters, , President of A. D. Rockwork Ltd., and Mr. David Fish of th~ architectural firm of Duschenes & Fish. Mr. Zed commented on matters pertaining Ito parking availability, the estimated $7 million expenditure of the applicant over :a three-year period to develop the property, the provision of the equivalent of 65 full-time construction jobs in each of the three years concerned, the estimated o~erating expenses in excess of $1.1 million yearly upon completion of the project whic~ includes money to be expended on taxes, heat, salaries for 18 full-time jobs and other supplementary jobs, and expressed the understanding, based on information provfded the applicant, that the property is currently costing the taxpayers between $50:0,000.00 and $800,000.00 a year to maintain it in its present state which becomes less desirable with the passing of time. Mr. Zed advised that the applicant is proposing fo take a structure that is really of little or no use to anybody and is nothing but a ~rain on the taxpayers of the Province and to hopefully reincarnate it into aprojec~ which will generate tax revenue and salaries for the 'people of Saint John, as well las restore an otherwise dilapidated neighbourhood, advised that Mr. Deters is acti~ely pursuing the acquisition of parking spaces at the present time, and concluded that bhe projections and financing of the project are based on its development as a whole over: a three-year period. . Councillor Knibb asked what the applicant propose's to do in the initial stages of the development and the Mayor asked if the applic~nt is agreeable to the recommendation of the Planning Advisory Committee, the lat~er query to which Mr. Zed replied in the affirmative. I I Mr. Arno Deters addressed Council and, replying to Councillor Knibb's query with regard to the stages of the proposed development, comm~nted on his proposal for the use of the five buildings concerned and the order in wh!ich he plans to complete the individual buildings. The matter of parking was broached and Mr. Brown 'advised that staff considers it feasible that, rather than approve the whole developmentl as is, perhaps enough development could be allowed so that the developer can proc~ed and, in effect, market the project in an attempt to recoup some of his inve'stment in order to be in a position to acquire additional parking spaces; therefore,s~aff was suggesting a phased approach to the project. Councillor A. Vincent asked what is the intent with regard to Castle Street, which was temporarily closed off fpr the former General Hospital, to which Mr. Brown replied that Castle Street wil~ stay open. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling I RESOLVED that the by-law entitled, "A Law To Amend The Municipal plan By-Law", by amending Schedu:le 2-A, the Future Land Use plan of the Municipal Development Plan, to redesignate ~he old General Hospital site and ancillary properties from Major Institutional to D~strict Centre Commercial classification, be read a first time. , ~,' By-Law" . Read a first time the by-law entitled, "A Law To J1rnend The Municipal Plan . Question being taken, the motion was carried. li.. 30 On motion of Councillor Schermerhorn ,., Seconded by Councillor Rogers . RESOLVED that the by-law entitled, "A Law To Amend the Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate the old General Hospital site and ancillary properties from Major Institutional to District Centre Commercial classification, be read a second time. By-Law" . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould . .', RESOLVED that the by-law to amend the Zoning BY-L~w of ~he C1ty of,Sa1nt John ln~ofar as it concerns re-zoning the old General Hosp1tal s1te and anclllary propert1es from "RM-l" Three-Storey Multiple Residential to "ID" Integrated Development classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoninq the old General Hospital site and ancillary properties from "RM-l" Three-Storey Multiple Residential to "ID" Integrated Development classification, subject to a resolution of Conunon Council pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the, motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Conunittee regarding the above-proposed ,amendments be received and filed. Councillor A. Vincent asked that, prior to third reading, Council be given a commitment that security measures will be taken so that no additional windows will be broken in the former General Hospital building in order to protect the area from further unsightliness to which Mr. Deters replied that the last estimate of damage resulting from broken windows alone was $22,000.00 and that the only way to stop the window breaking is to have the building occupied by residents; Question being taken, the motion was carried. Public presentation was made of a proposed Municipal planarnendment with regard to amending Schedule 2-A, the Future Land Use plan of the Municipal Development plan, to redesignate a lot of land located at 60 Spar Cove Road (L.R.I.S. Number 46771), from Low Density Commercial to District Centre Commercial classification, to re-zone the property to a General Business zone to permit renovation of an existing garage for the continued operation of a lock and safe repair shop, as requested by Mr. David Fisher. Mr. Wayne Harrison addressed Council, on behalf of the Concerned Citizens for Heritage group, and presented for Council's consideration during the 1987 budget approval process a proposal for a program to encourage the preservation and improvement of heritage properties, such proposal referred to as the Residential Incentive Grants for our Heritage Tomorrow (RIGHT) program which should encourage owners of heritage homes to improve and restore their properties in a manner appropriate to the architecture of the building and heritage of the area. Mr. Harrison explained that this proposal would consist of three portions as follows: (1) the exterior work incentive grant, (2) the differential funding grant and (3) low interest loans, and requested Council's consideration of the following matters:- (1) filling the position of heritage planner in the Planning Branch which, based on discussion with City staff, is included in the 1987 budget proposal, and (2) approving the allocation of funds for a differential funding grant in the budget of the Preservation Review Board. The Mayor noted that the City has designated Trinity Royal as a preservi'ltion area and Councillor Knibb asked if Mr. Harri:oon':o group is working with Mr. J. Steeve:o of the Trinity Neighbourhood As:oociation to which Mr. Harrison replied in the affirmative and added that Mr. Steeves is a Concerned Citizen and is supportive of this group. Councillor A. Vincent noted that Councillor Davis is a member of Heritage Canada whereupon Councillor Davis advised that he will be attending a meeting of Heritage Canada on September 25 at which time he will take Mr. Harrison's brief and, although there may be no financial assi:otance available, Heritage Canada may be.able to assist this group by way of information. The Mayor expressed the understand1ng that other areas have special by-laws for heritage buildings and Councillor Rogers, a member of the Preservation Review Board, noted that there are problems with the I I . I . I I . ~ I""" 31 I enforcemen~ of t~e ~reservatio~ Area By-Law and, in expressing the understanding that as Pr1nce \~ll11am Street 1S the only nationally-designated heritage street in Canada,. suggested that, upon its completion, a plaque indicating same should be placed 1n th~ area: ~r. Clark advised that it is the intent for a plaque to be plac~d on ~rlnce W111lam Street, the request for a heritage planner has been passed to hls Off1ce as part of Council's 1987 budget deliberations and that staff is looking at th~ issue of a housing package with some elements of encouraging renovation and preservatlon. The Mayor thanked Mr. Harrison for his presentation. Consideration was given to a letter from Mayor Wayne submitting for Council's consideration and direction a copY,of her letter and supporting documentation to The Honourable ,Mabel M. DeWare, Minister of Advanced Education and Training, as well as a copy of the Minister's reply, with regard to the proposed transfer of courses from the Saint John Campus of the New Brunswick Community College. . I The Mayor, in naming the various Council members who attended a meeting with her and The Honourable Mabel DeWare regarding the removal of courses from the Saint John Campus to the Moncton Campus of the New Brunswick Community College, advised that she has been unsuccessful in arranging a second meeting with the Minister and, as indicated in ,the submitted letter from the Minister, 'the Province is proceeding with the moving of courses from Saint John to create centres of excellence in Moncton. The Mayor expressed the understanding that the original meeting with the Minister led to the belief that there would be a second meeting with her; however, this is not the case and she suggested that it would be better for courses to be duplicated in Saint John and Moncton as Saint John area students who may wish to take certain courses cannot financially afford to take them in Moncton and will have to drop out of their courses. Councillor Flewwelling suggested that the Minister should be invited to Saint John to become familiar with the industry in the City whereupon the Mayor suggested that she could be invited to Council's next meeting. Councillor Knibb expressed concern that, if the Engineering Design and Technology course is moved to Moncton, there is no guarantee that there will be sufficient students to enroll in it and many Saint John students will not be financially able to take the course in Moncton and commented on the concept of course clustering as referred to in the Minister's letter. Councillor Knibb suggested that The Honourable John Baxter, Minister of Finance, may be able to assist Council in this regard and the Mayor suggested that a copy of the above correspondence should be forwarded to The Honourable Nancy Clark Teed, Minister of Health and Community Services, and The Honourable John Baxter, and that Council should seek the support of all Ministers in the region in view of the effect the course transfer will have on students from St. Stephen etc. Councillor A. vincent suggested that a meeting of the local Members of the ,Legislative Assembly should' first be arranged followed by a request for The Honourable Mrs. DeWare to meet with Council and asked if the Mayor would arrange same. . I (Councillor M. Vincent withdrew from the meeting during the foregoing discussion. ) On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that Her Worship the Mayor arrange a meeting with the Local Members of the Legislative Assembly followed by a formal request for a meeting with The Honourable Mabel DeWare. The Mayor advised that she will report to council at its next meeting on the above matter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . I Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention that Federal regulations provide that books and pamphlets which come into Canada, written in any other language than English, enter the country duty-free and that, within the past year, Federal regulations regarding excise tax on books, pamphlets, etc. which come into Canada have been changed to provide a 10% tariff; however, such material written in any other language than English continue to be duty free; and recommending that, as she does not understand why only the books written in English are charged a tariff, Council request the local Member of parliament, The Honourable Gerald Merrithew, to make representation to the appropriate Federal authorities to have this inequity in the application of Federal excise tax rectified -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the 1985 Annual Report of The Power Commission of the City of Saint John be received and filed and the members of the Commission be commended for this report. . The presence in the Council Chamber of Messrs. B. Mosher, Chairman, and R. Burpee, General Manager, of The power Commission of the City of Saint John, was noted. Councillor A. Vincent, in referring to the accounts receivable amounts of $4,603,292.00 and $4,297,262.00 for 1985 and 1984, respectively, asked if there are any account,s qutstanding for more ' than a six-month period. Mr. Burpee replied that the increase in accounts receivable is based primarily on the higher rates that are being charged by the Province and the 1985 amount represents approximately a month to a month and a half customers' bills which would involve approximately 35,000 invoices which are current bills primarily; however, there are a few outstanding accounts but they are not up from last, year. Question being taken, the motion was carried. ... """lIIl 32 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City granted for payment of the following invoice, namely:- , Ltd. - supply of asphalt September 10-16, 1986 $54,094.65, . Manager, authority be Stephen Paving (1982) ,Mr: Robi~h,:"ud, replying to a query of Councillor A. vincent, advised that, although l.t..lS ant1.c1.pated that there will be as much asphalt laid in 1986 as in 1985, there has not been as much laid in 1986 to date as in 1985 and, with regard to the matter of an asphalt cr,ew working at the lower end of Waterloo Street in front of the~o~iday I~n on Saturday, S~ptember 20, explained that, in view of poor weather condlt1.ons wh1.ch has delayed C1.ty work, it is planned to have City asphalt crews working on the next few Saturdays in order to catch up on the work. ,Councillor A. Vi~cent ,:"sked if such work could be performed at, night and questioned what rate is be1.ng pa1.d Saturday workers to which Mr. Robichaud replied that it is dif,ficult to work at night due to the large amount of light that would be required and that Saturday workers are paid time and a half for their services. I (Councillor M. vincent re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Manager, au~hority be certificate, namely:- 1. Rotary Admiral Beatty Complex Opron (Maritimes) Construction Ltd. Original value of contract Total work completed, Certificate 14 Retention payments previously approved Sum recommended for payment, Progress Estimate Number 14, dated September 18, 1986 Final release of ho,ldback $4,688,378.00 5,096,729.49 Nil 5,059,960.00 . $ 45,769.49 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a report from the Commissioner of Community Planning and Development in response to Councillor MacDougall's letter to Council on September 2, 1986, advising that the owner of the building at the northeast corner of Broad and Sydney Streets agreed last month to demolish this building and has awarded a contract to A. simpson Construction and that the building should be demolished this month and that, while the building on the northwest corner of St. James and Carmarthen Streets is in poor condition, it is not appropriate at this time to take action under the Unsightly Premises or Minimum property Standards By-Laws and staff will continue to monitor the situation and take action if the By-Laws are contravened; and also advising that, since the Province announced the sale of the old General Hospital site, there have been problems related to forced entry and broken windows and, as the land transfer is still not complete, the Building Branch has approached both the purchaser and the Province in an attempt to remedy the situation and staff will continue to closely monitor the situation and take appropriate action to attempt to minimize any hazard be received and filed. I . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I'> Seconded by Councillor Gould RESOLVED that as recommended by the City Manager (1) the City enter into a lease with Dr. Mike Mackin for approximately 625 square feet of space at the Rotary Admiral Beatty Complex on the terms and conditions as noted in the submitted letter from the Deputy Commissioner of Housing & Renewal Services, (2) the City enter into a lease with Miss Deidre Bastarache or her designate for approximately 700 square feet of space at the Rotary Admiral Beatty complex on the terms and conditions as noted in the submitted letter from the Deputy Commissioner of Housing & Renewal Services, and (3) the subject leases be in a form and substance acceptable to the Legal Department. I Question being taken, the motion was carried. Read a letter from the City Manager advising that, Council having appointed I on March 17, 1986 certain commissionaires as By-Law Enforcement Officers with the responsibility of enforcing certain provisions of the Traffic aria Parking Meter By- - , Laws, Mr. Richard Smith, Administrator of the Saint John parking Commission, has requested that three additional members of the Corps of Commissionaires be so appointed, and recommending Council's adoption of the submitted resolution. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that pursuant to Section 14 of the police Act of the Province of New Brunswick, the Common Council of the City of Saint ." John does hereby appoint the following members of the Canadian Corps of commissioners ..4 ~ 33 . as By-La~ Enforcement Officers with the responsibility to enforce the provisions of the parklng Meter By~Law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-Law, namely:- George William Dawson, Murray Daniel Garnett and Donald Terrance Livingstone: AND FURTHER that each appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissioners or until the appointment is rescinded by Common Council. I Councillor A. Vincent asked what action is being taken for residents in the area of Princess Street who have no place to park their vehicles to which Mr. Clark expressed the understanding that Mr. Brown, following Council's recent consideration of.this matter, is meeting with the area residents and Mr. Brown confirmed that he will report to Council in this regard. Councillor A. Vincent asked that the sign ailocating the parking space adjacent to the union Club on Germain Street for disabled persons should be lowered in order to be more visible and discussion ensued regarding the ticketing of out-of-province vehicles and the Mayor suggested that Mr. D. Allaby, Chairman of the Saint John Parking Commission, should be requested to meet with Council in Committee of the Whole regarding a teaching session for meter personnel on what to do about tourist parking in the City. Councillor Rogers suggested that prior to next year's tourist season a proposal should be made to the Parking Commission for the issuance of courtesy parking tickets to tourists to the City, and discussion ensued regarding Council's past consideration of this matter and the propriety of issuing such tickets in view of the Charter of Human Rights. I Question being taken, the motion was carried. On motion of Councillor Rogers . Seconded by Councillor Gould RESOLVED that the Parking Commission be invited to meet with Council to pursue the matter of establishing a system whereby visitors to the City are issued courtesy tickets so that they are able to park in the City without receiving parking tickets. Question being taken,the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, (1) the tender of Marque Construction Ltd. for contract 86-24, Rothesay Avenue Works Complex, Phase 1, Structure, be declared informal as it did not include a signed copy of Addendum No. 2 as required by the City's tendering procedures, and be rejected, ,(2) contract 86-24, Rothesay Avenue Works Complex, Phase 1, Structure, be awarded to the low tenderer, Darkil Construction Ltd., at the tendered price of $392,400.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by councillor Rogers RESOLVED that as recommended by the City Manager, approval be granted for acceptance of performance bonds in the amount of $12,000.00 and $10,800.00 for the guarantee of rehabilitation of the gravel pit at Latimore Lake owned by Fundy Bay Holdings and the gravel pit on Mabee Road owned by J. Steele, respectively. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting the appropriate amendment to the Traffic By-Law with regard to parking on union Street and respecting the deletion of Duke Street West as a through street, which was given first and second readings at council's last meeting. ; )' A motion was proposed by Councillor Schermerhorn and seconded by Councillor Rogers that the proposed amendment be read a third time whereupon the By-Law was read by the Common Clerk in its entirety. Councillor Knibb expressed opposition to the second portion of the amendment dealing with Duke Street West on the basis that it will cease to remain a through street and Councillor A. vincent expressed the understanding that "no parking" signs have already been placed on the area of Union Street concerned and questioned why such action would be taken prior to the By-Law amendment being given third reading to which Mr. Robichaud replied that, although he would be surprised if the signs are already in place, he would look into the matter. Mr. Rodgers expressed the understanding that some Council members wish to vote one way for part of the proposed By-Law amendment and another way for the other portion and, if this is the case, he sees nothing wrong with the two items being dealt with at this time as two amendments with the Common Clerk to re~read the ,By-Law amendment with regard to item two, concerning Duke Street West. I I On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets ~n The city Of Sai~t John M~de Under The Authority Of The Motor Vehicle Act, 1973", w~th regard to park~ng on Un~on Street, be read a third time and enacted and the corporate Common Seal be affixed thereto. ~ ~ 34 '~ l The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety prior to the above motion being proposed. Question being taken, the motion was carried with Councillor A. Vincent "nay". . voting On motion of Councillor Vaughan Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973"" with regard to Duke Street West, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety. Question being taken, the motion was carried with Councillors Knibb, MacDougall, Schermerhorn and A. Vincent voting "nay". I' Read a letter from the common' Clerk advising, that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of New Brunswick Housing Corporation have been completed and that the required waiting period for objections expired on September 17, 1986, with no written objections having been received. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of New Brunswick Housing Corporation for a Municipal plan amendment and re-zoning of Block 18, Eagle . Boulevard, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on,November 3, 1986. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Maritime Sod Ltd. have been completed and that the required waiting period for objections expired on September 17, 1986, with no written objections having been received. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the application of Maritime Sod Ltd. for a Municipal Plan amendment and re-zoning of property at 3135 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 3, 1986. Question being taken, the motion was carried. Read report of the, Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on September 15, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, vaughan and A. vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended, by the City Manager, the lease between the New Brunswick Telephone Co. Ltd. and the city of saint John, dated January 1, 1975, relative to lot 74-1 Sandy point Road be amended as follows: . (1) the land area be increased from 1.1 acres to 3.25 acres (2) the lease rent be increased from $50.00 per annum to $1,000.00 per annum for the remainder of the term ending December 31, 1993 (3) an option to renew the lease at expiration of the present term in form and substance satisfactory to the Legal Department be added to the lease. 2. That as recommended by the City Manager, (1) Common Council resolution of June 23, 1986 relative to the sale of a portion of the Cedar Point lands to Blanchard Homes (1983) Ltd., be amended and the transfer of the lands take place on or before December 31, 1986 and (2) the City acquire a parcel of land from the Province of New Brunswick known as L.R.I.S. Number 55021075 and containing 5 acres more or less for $2,500.00 per acre plus legal and surveying costs. 3. That the following resolutions be adopted for submission to the Cities of New Brunswick Association meeting to be held in Bathurst on October 3 and 4, 1986, namely:- I I .' ~ ,....- .. '. ..:)'. ...~ -..... '" ."" ~ ~ 3_5 (al "mEREAS cigarette smoke, kills';:2. 5 million people each year, according to a study by the World Watch Institute; . AND "mEREAS the Surgeon General of the united States in his Annual Report on Smoking and Health in 1985 stated that for the majority of workers cigarette smoking represents a greater cause of death and disability than the workplace environment; AND "mEREAS most smokers now readily concede the right of non-smokers to a smoke-free environment and; two-thirds of Canadians do not smoke; I' AND WHEREAS the Province has not yet enacted legislation which would permit municipalities to adopt by-laws to control smoking in public places: BE IT THEREFORE RESOLVED that the Province be requested to enact the necessary legislation at the next sitting of the Legislature to enable municipalities to adopt by-laws to control smoking in pUblic places. I (bl WHEREAS all developments within the boundaries of a municipality have to conform to the requirements of the Community Planning Act with respect to planning and zoning approvals and building permits; AND WHEREAS the Crown in right of the Province of New Brunswick does not have to conform to this requirement; . AND WHEREAS the Province has proceeded with changes of use, renovations and building construction without obtaining permits and approvals; AND WHEREAS this, sets a poor example for non-governmental developers and may give rise to developments which do not conform to the basic planning and building standards of the municipality: BE IT THEREFORE RESOLVED that the Province be requested to adopt a policy of voluntary compliance with the provisions of the Community Planning Act, especially relating to the Zoning By-Laws and Building By~Laws of the municipality. I (cl HHEREAS tourism is an area of major growth'in the provincial, Canadian and world economies; AND WHEREAS neighbouring provinces recognize the rapidly- increasing importance of this industry by designating substantial tourism budgets; AND WHEREAS municipalities are committing major expenditures to encourage and develop tourism; AND "mEREAS the Province reduced its Tourism Budget in 1985-86: THEREFORE BE IT RESOLVED that the Province be requested to review its priorities and provide the necessary budget in 1987 and subsequent years so that the growth and employment potential in this major industry can be fully realized. . (d) .VHEREAS municipalities are often required to defend management decisions in labour relations before Arbitration Boards; AND WHEREAS the Province has no set fee schedules for persons acting as Chairmen of such Arbitration Boards; AND WHEREAS the parties are sometime subject to excessive costs because of fees charged by such Chairmen; I AND WHEREAS'one possible solution for this problem would be to have a panel of trained arbitrators available to act in such cases for standard per diem fees: THEREFORE BE IT RESOLVED that the province be requested to examine the establishment of a panel of trained arbitrators so that the costs of arbitration could be controlled. I 4. That the City defer the collection of the outstanding debt of Super Slide Ltd.in the approximate amount of $7,000.00, with regard to the operation of its waterslide facility at Fisher Lakes, until September 30, 1987 at which time Council will reconsider the matter upon presentation of further financial information. September 22, 1986, Saint John, N. B. (sgd. 1 Respectfully submitted, Elsie E. vlayne, C h air man. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. ... ~ 36 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be . adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor MacDougall RESOLVED that section 3(a) of the above report be ado~ted. 1 , Councillor Knibb asked the 'definition of public places to which Mr. Rodgers replled that, although'he has given no consideration to this, he is sure that the term will,have to be given consideration not only by the City but by ,the Province when considering an amendment to the Municipalities Act, if the Act is amended to give aut~ority to the municipalities to enact such a by-law. .; " Question being taken, the motion,was carried with Councillors Gould and Knibb voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that section 3(b) of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers . RESOLVED ~hat section 3(c) of the above report be adopted. Question being taken, the motion was carried. ,On motion of Councillor Rogers Seconded by Councillor Knibb . RESOLVED that section 3(d) of, the above report be adopted. Councillor Schermerhorn expressed concern that the submission of, sev\=ral resolutions to the Cities of New Brunswick tends to make all less meaningful, especially I if there are two or three which are more important than the others, and questioned the priority of the above matter. (Councillor Flewwelling withdrew from the meeting during the foregoing discussion. ) ,,' Question: beii1gtakeil~ the;.mbtion was carried i.i th COUl1cillbr ScheJ;'Illerhorn voting "nay~'. (Councillor Flewwelling re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 4 of the above report be . adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the sum of $1,080.00 be accepted as money-in-lieu of land for public purposes with regard to the Hollingsworth Turner Subdivision at 1692 Old Black River Road. I Question being taken, the motion was carried with Councillor Vaughan voting "nay". On motion of Councillor Schermerhorn . 'T~-: Advisory Committee, the sum of public purposes with regard to Road. Seconded by Councillor Knibb RESOLVED that as recommended by the Planning $450.00 be accepted as money-in-lieu of land for the Lawrence Long subdivision at 204 Lawrence Long I .~ Question being taken, the motion was carried. On motion of councillor Gould Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory committee, approval be given to Mr. David Millett for the placement '. of a mobile home at 325 Churchland Road for a period not exceeding one year. Question being taken, the motion was carried. ...4 ,.....- 37 . Consideration was given to a letter from the Recreation and Parks Advisory Board regarding the matter of a grant to assist the New Brunswick's Karate representative, Mr. Robert Garnett, to travel to the 8th World Karate Championship in Australia, such matter having been referred to the Board by Council in Committee of the Whole on September 15, 1986, noting that this request does not fall within the terms of reference of the grant policy administered by the Board and recommending that Council consider approving a grant not to exceed $300.00. On motion of Councillor Gould t Seconded by Councillor Schermerhorn RESOLVED that Council approve a grant of $300.00 to assist Mr. Robert Garnett, New Brunswick's Karate representative, in travelling to the 8th World Karate Championship in Australia'.., Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from the United Transportation Union urging Council to make a presentation at the hearing of the Railway Transport Committee of the Canadian Transport Commission, or to write to the Committee, to outline why it supports retention of the major transportation safety factor of a rear crew in a caboose -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seconded by Councillor Gould RESOLVED that the letter from Mr. Bill Byrne, Captain of the Saint John "Riverboat" Classic curling bonspiel, to be hosted by the Thistle-St. Andrews Curling Club on October 23 to 26, 1986, requesting a grant of $500.00 and the traditional four books on the Saint John River and Saint John Harbour to be presented to the winning rink, and also requesting that Her Worship the Mayor or her representative attend the opening ceremonies and to present the City Trophy -- be received and filed and the grant be awarded. Question being taken, the motion was carried. I Councillor Vaughan proposed a motion which was seconded by Councillor M. Vincent that Council should extend best wishes to,Mr. Bill Byrne and his wife who will be celebrating their 50th wedding anniversary on September 26, 1986 whereupon the Mayor advised that the procedure in this regard is for her to forward a congratulatory letter due to the precedent which could be set by such motions arid the mover and seconder of the motion withdrew same. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the presentation of Mr. Wayne Harrison on behalf of Concerned Citizens for Heritage be referred to the City Manager for analysis and a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~f!c,~~ I I . ... ~ 38 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 September, A.D. 1986, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent - and - 'Messrs. N. Barfoot, Assistant City Manager - Administration; F. Rodgers, City Solicitor; J. Brown, Commissioner of Community planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; T. Totten, Deputy Commissioner of Finance; S. J. Armstrong, Deputy Commissioner of Engineering; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; P. Groody, Commissioner of Human Resources; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Assistant Director of Parks; M. Hanlon, Purchasing Agent; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I' I Reverend Thomas Graham of Hope Lutheran Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on September 22, 1986, be approved. . Her Worship the Mayor noted that Council members received earlier this date a letter from the Common Clerk advising that an error contained in the above minutes in the vote on the tabling motion and the original motion with respect to a requested Municipal Plan amendment by Master Enterprises Ltd. has been corrected in the original minutes and submitting a copy of the corrected page. Question being taken, the motion was carried. Her Worship the Mayor commented on a newspaper article published in the September 23, 1986 edition of The Telegraph Journal indicating that Saint John has the lowest property taxes in Canada while its housing values are approximately the national average, and read a proclamation proclaiming October 6 to 10, 1986 to be Career Education Week in the City of Saint John and urged all citizens to visit Careers Expo '86 to share in this learning experience. I At the request of Her Worship the Mayor, Mr. Garnet Phinney, Chairman of the mass rally for wheelchair athlete Rick Hansen's visit to Saint John on Thursday, October 2, 1986, addressed Council and advised the activities planned for tha t day. (Councillor Rogers entered the meeting during the foregoing comments.) Councillor Knibb noted the presence in the Council Chamber of Messrs. M. Murphy andF. Hughes, Coaches of St. Malachy's and Saint John High School Football Teams, respectively, and Councillor Rogers commented on activities scheduled for West Side Heritage Day to be held on October 4, 1986. . Her Worship the Mayor welcomed to the Council Chamber Messrs. J. Flynn, Chairman of the Major Tournament Committee, M. Murphy, F. Hughes and M. Upward of Minor Football, and, in expressing appreciation for their efforts in the successful CFL Cup Eyent held in Saint John on June 7, 1986, requested Mr. Flynn to address Council in this regatd. Mr. J. Flynn advised that his purpose in addressing Council at this time is to wind-up the 1986 organizing committee of theCFL Cup Event and to establish a new committee for 1987 and that, with the exception of Minor Football, Saint John High School and St. Malachy's School, all other amateur groups which assisted the CFL Committee have received honourariums for their assistance. Her Worship the Mayor presented honourarium cheques on behalf of the Committee to Messrs. Upward, Murphy and Hughes in recognition of the assistance of Minor Football, st. Malachy's and Saint John High Schools, respectively, during the CFL Cup event by selling souvenirs and programmes. I' Councillor Vaughan commented on the September 24, 1986 Scotia Bank Coaching Conference held at the Trade and Convention Centre, and expressed sympathy to the family of the late Gordon A. Drillon, a former National Hockey League star and member of the Toronto Maple Leafs, who passed away on September 23, 1986. I On motion of Councillor Vaughan Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Gordon A. Drillon. Question being taken, the motion was carried. . ~ ~' 39 . Her Worship the Mayor expressed condolence on the death of Miss Mary Barker, former Protocol Officer for the Province of New Brunswick, on September 27, 1986, and advised that a contribution to the Cancer Fund was made on behalf of Common Council. Her Worship the Mayor expressed sympathy to the family of the late Arnold T. Wilson, the last fire chief of the former City of Lancaster, who passed away on September 28, 1986. On motion of Councillor M. vincent I Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Arnold T. Wilson. Question being taken, the motion was carried. Her Worship the Mayor requested that her letter regarding Pension Board funds for a justice complex be withdrawn from the agenda. I On motion of Councillor MacDougall Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned item be withdrawn from the agenda. Question being taken, the motion was carried. . Read a letter from Councillor M. Vincent suggesting that a committee could be appointed to look into the matter of what appears to be an increasing percentage of unemployment in the City. I Councillor M. Vincent expressed the opinion that the Federal Government has a responsibility to look at Saint John's high unemployment rate and, if indeed it is over 14% as indicated in a recent newspaper article, it is timely for the City to receive some assistance in its unemployment problems, and requested Council to address this issue by establishing a major task force committee on unemployment on which hopefully the Mayor or Deputy Mayor Gould would serve, along with people in the community who have an opportunity to assist in generating long-term employment in the City. Councillor M. Vincent commented on matters such as the lack of movement into Saint John of Federal Government offices and the unfair recognition given the City when it comes to the placement of Federal Government offices in Saint John and suggested that a high profile committee appointed by Council should address the unemployment situation in the City. On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that Common Council implement a major task force on employment-producing opportunities on a long-term basis by a committee structured to assess all of the ramifications of that approach and report to Council with the eventual objective of going to Ottawa to encourage the Prime Minister, our local Minister and the Federal Government to consider Saint John in building the employment base and opportunities for the City. I Councillor Knibb suggested that the new Economic Development commissioner, when appointed by Council, may give some thrust to the proposed task force and the Mayor concurred that the Econonic Development Commissioner should have input in this matter and, with regard to the Unity Committee's brief to the Prime Minister and the Premier, advised that she received earlier this date a reply from the Prime Minister acknowledging receipt of her letter and documentation about the great need in the community. Councillor SChermerhorn asked the difference between the Unity Committee and the proposed task force to which Councillor M. Vincent replied that, although he is supportive of the Unity Committee as a non- political body to represent the City at the Federal Government level on specific needs, the problem concerned requires a strong political presence in Ottawa at the present time to address the situation in conjunction with perhaps the Unity Committee. Deputy Mayor Gould suggested that Mr. R. MacIntyre of Employment and Immigration Canada should be requested to assist in bringing the task force together as, in his opinion, some time should be expended in preparing the terms of reference of the task force to focus on the unemployment problem in Saint John. Councillor MacDougall suggested that it should be clearly demonstrated that Saint John statistically has been a badly-neglected area in proportion to other areas with respect to Federal job placement and the Provincial record is not much better in this regard and this should be the subject of comparison, for example, Moncton versus Saint John, Fredericton versus Saint John and so on. Councillor Rogers commented on the role and membership of the Local Advisory Council, which comes under the auspices of Employment and Immigration Canada, of whiCh she is a member, and the Mayor noted that the Unity Committee brief discussed by Council on September 2, 1986, indicated that Halifax, Nova Scotia receives $650 million annually in civil service jobs while Saint John receives approximately $150 million from the Federal Government. . I~ Question being taken, the motion was carried. . Read a letter from Councillor Rogers requesting the Traffic Engineer to look into the possibility of installing traffic lights at Simms Corner in the western part of the city and recommending that this matter be referred to the appropriate staff through the City Manager for a report to Council within one month. ~ ~ 40 The Mayor noted that a complete study has been done on this matter and suggested that this study should be brought forward, and Councillor Rogers, in commenting on the traffic congestion and pedestrian difficulty in crossing streets in the area concerned, suggested that, if traffic lights are found to be unsuitable, a form of round-about or rotary traffic could be devised. . On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that with regard to Councillor Rogers' letter concerning the possibility of installing traffic lights at Simms Corner in the western part of the City, staff bring forward for Council's consideration I' the previous report in this regard. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) Consideration was given to a letter from Councillor Rogers requesting an updated report on the proposed Millidgeville Neighbourhood Plan which was discussed by Council on July 21, 1986. I Mr. Brown advised that the terms of reference have been prepared to facilitate the preparation of a secondary plan for Millidgeville and that these have been circulated to all of the other City departments for input and feedback so that the draft can be finalized and that, as soon as the replies have been received which hopefully will be by October 3, the terms of reference will be finalized and an advertisement placed in the newspaper for proposals to prepare the plan. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Mapager, authority be granted for payment of the fOllowing invoice, namely:- S~ephen Paving '(1982) Ltd. - supply of asphalt September 17-23, 1986 $114,980.38 . '. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Trucking - Rockwood Park Golf Course Galbraith Construction Ltd. Original estimated value of contract Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated September 24, 1986 Final payment I $165,000.00 171,493.64 Nil Nil $171,493.64 Mr. Nicolle explained that the over-expenditure is related to the delivery of extra fill for the golf course and rehabilitation of the pit and that, with regard to revenue at the Golf Course, it is on target as of the end of August with $165,000.00 in revenue from the Golf Course and that it is anticipated that when the 18 holes are in play the losses will be more than covered. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract #85-17, Maple Row Water and Sewer Master Enterprises Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated September 24, 1986 Final holdback release I $122,565.00 113,834.20 Nil 111,834.20 $ 2,000.00 ~I Mr. Armstrong explained that, with regard to errors in plans referred to on the submitted summary of changes, a problem was created in that many of the old records were not accurate, and confirmed that the City's inspectors on this project approved the use of the material and advised that he is not aware of any problem alluded to by Councillor Flewwelling to the effect that material turned down by the inspector was used by the contractor. Question being taken, the motion was carried. . ~ ~ 41 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager requesting that, as there were no tenders received on this date for demolition of the building located at 77 Ludlow Street, this item be removed from the agenda -- be received and filed and the item be withdrawn from the agenda. Mr. Brown advised that Mr. J. Johnson, Building Inspector, called several of the contractors and it appears that there may be interest in tendering; therefore, the property may be readvertised. ,I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager contract 86-25, pavement resurfacing of Provincially-designated highways, be awarded to the low tenderer, Standard Paving Maritime Limited, at the bid price of $367,000.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Parkway Mercury Sales Ltd., in the amount of $9,199.00 plus provincial sales tax, be accepted for supplying a 1986 Mercury Topaz vehicle to be used by the Housing & Renewal Services Branch. Councillor Vaughan asked why staff would recommend a 1986 vehicle when a 1987 vehicle is available for $400.00 to $500.00 difference to whiCh Mr. Hanlon replied that the specifications for this vehicle called for a new vehicle and a 1986 vehicle will be kept in service for five or six years and the value received at the end of that period of time would not be much greater than for a 1987 vehicle. Question being taken, the motion was carried with Councillor Rogers voting "nay". I Read a letter from the City Manager submitting a copy of a letter from the President of Garden Homes Holdings Incorporated which owns and operates townhouses on Tartan Street, regarding the possibility of restricting parking on both sides of the street; concurring with the request to eliminate street parking and commending the initiative of this company because the safety of children and street snow plowing will be greatly improved; and recommending that the submitted amendment to the Traffic By-Law receive first and second readings and be referred to the Legal Department for appropriate action. On motion of Councillor Schermerhorn I I I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a first time. . Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried. On motion of Councillor Schermerhorn ,1 Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a second time: AND FURTHER that the proposed amendment be referred to the Legal Department for appropriate action. Read a second time the by~law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". I Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a report from the Assistant City Manager - Operations concerning "no parking" signs at the foot of Union Street, west of Smythe Street, advising that, with regard to Councillor A. Vincent's query at Council's meeting of September 22, "no parking" signs were erected as a result of an urgent request from the Fire Department using the authority of Section 3(1) of the Traffic By- Law -- be received and filed. Ii.. ~ 42 Question being taken, the motion was carried. On motion of Councillor Vaughan . Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that the revised contracts, reflecting the Union approvals where required, have been received from the Federal Government for the ten summer student positions for which $22,325.00 was provided the City through the Challenge '86 Job Creation Program sponsored by Employment and Immigration Canada, and recommending that the Mayor and Common Clerk be authorized to execute the Challenge '86 contracts -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 'r On motion of Councillor Schermerhorn / Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by reclassifying the old General Hospital site and ancillary properties (L.R.LB. Numbers 14514, 16139, 16121, 16113, 16105, 14530, 14522, 13326), from Major Institutional to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. r = The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Mr. Bedford, replying to a query of Councillor Rogers with regard to sewage from the old General Hospital building, advised that, although the problem was not as originally thought, as part of the Planning approvals, Engineering and Works is involved in the final approval of the renovations that will occur, therefore, the concerns raised by Council respecting the sewage should be looked after. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-86 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the old General Hospital site and ancillary properties (L.R.I.S. Numbers 14514, 16139, 16121, 16113, 16105, 14530, 14522, 13326), from "RM-l" Three-Storey Multiple Residential to "ID" Integrated Development classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be conditional to the applicant's proposal as contained in the document "Proposal - Former Saint John General Hospital" submitted to Council on July 7, 1986 amended to include the use of Building G as a service building on condition that (a) a detailed site plan indicating parking and landscaped areas in accordance 'wi th the Zoning, By-Law requirements for "B" zones, except insofar as the "B" zone requirements establish minimum number of parking spaces, be submitted and approved by the Deputy Commissioner of Planning and (b) signage be permitted in accordance with standards of the "B-2" General Business zone. The by-law entitled, "By-Law Number C.P. 100-86 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. Read a letter from the Common Clerk submitting a resolution adopted by Council in Legal Session on ,September 22, 1986. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Solicitor, Common Council authorize the filing of a Notice of Appeal with regard to the Court of Queen's Bench decision in the case of the City of Saint John v. Hubert McKenna and Annie M. Saab. ~I\ Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) ,I .......- To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on September 22, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations; namely:- . ...4 ,..- 43 e 1. That with regard to the offer of Mr. D. Murphy representing O'Dell Ltd. to purchase the property at 29 Somerset Street, Council ,adopt the recommendation of the City Manager that Mr. Murphy be advised that the City is not prepared to sell the property at 29 Somerset Street at the present time but that staff would be pleased to discuss its sale to him after he has acquired the adjoining land and has a firm proposal for the development of the assembled site. 2. That as recommended by the City Manager, Section (i) of the Terms of Reference of the City Manager be amended to read as follows: '1' "Have authority to approve all purchases up to a value of $12,500.00 where provision for the same is contained in the budget, and up to a value of $5,000.00 where provision for the same is not contained in the budget.". September 29, 1986, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. II On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 2 of the above Ie report be adopted. Councillor Flewwelling suggested that the above motion should be amended as he was assured by the City Manager during discussion in Committee of the Whole that he would remain within the overall total budget; however, the recommendation does not indicate this. Moved in amendment by Councillor Flewwelling I. Seconded by Councillor Gould RESOLVED that the following words be added to the above motion: "but in no case shall there be purchases beyond the overall total budget without approval of Council". Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. Her Worship the Mayor explained that section 3 of the above report regarding the Rotary Club's request for a grant is withdrawn from the agenda as the Rotary Club has cancelled the River Boat Cruise. On motion of Councillor Schermerhorn Ie Seconded by Councillor Vaughan RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Brunswick Hut Inc. for a dining room license, with respect to premises at 416-418 Rothesay Avenue, will be held on October 3, 1986 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn l Seconded by Councillor Knibb RESOLVED that the application of Mr. Paul Laurence Carlson for the re-zoning of property at 55 Oakland Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 3, 1986. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from Mr. E. Birmingham suggesting that it is timely for the City to lay sidewalks in East Saint John from the Loch Lomond Road and McDonald Street down to River Street be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. e Question being taken, the motion was carried. COw j k C/Jw ./~ ,ommon cler0 .... ~ 44 saint At a meeting of the Common Council, held at the City Hall in the City of John, on Monday, the sixth day of October, A.D. 1986, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, , Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - M~ssrs. R. S. Clark, City Manager; N. Barfoot, Assistant C1ty Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, commissioner of Finance; J. Brown, Commissioner of C?mm~nity planning,and Development; S. Bedford, Deputy COmmlssloner of Plannlng; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; P. Groody, commissioner of Human Resources; R. McDevitt, Fire Chief; B. Thompson, Deputy Police Chief; D. French, Director of Personnel Administration and Planning; J. Brownell, Assistant Director of Recreation; , J. Levesque, Public Relations Manager; Miss M. Conley, Administrative Assistant to the Mayor; Ms. Y. Huntington- LeBlanc, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. ~( ( Reverend Mel Norton of First Wesleyan Church offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on September 29, 1986, be approved. . 'Question being taken, the motion was carried. (Councillor Schermerhorn entered the meeting.) On motion of Councillor MacDougall seconded by Councillor Flewwelling RESOLVED that the letter from Councillor MacDougall recommending that the Commissioner of Finance calculate the effect on the budget of providing grass cutting for all City-owned property and that the City Manager recommend ways and means to have all vacant lots in the City cleaned up, either by the owners or the City -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. Her worship the Mayor commented on the following matters:~ (1) the announcement earlier this date by The Honourable Nancy Clark Teed, Minster of Health and Community Services, that the Province of New Brunswick will match the City dollar-for-dollar, up to an annual limit of $380,000.00, in funding specific promotional projects\of the Saint John Port Development commission; (2) the establishment in Saint John of Ronalds printing Atlantic Ltd., a division of BCE publi-Tech Inc. of Toronto, and Bruncor Inc., which will go into production by the end of the year; and (3) the announcement earlier this date that the Port of Saint John has been granted local port corporation status; and read the following proclamations:- (1) proclaiming October 19, 1986 to be Columbus Day with the request that all Knights of Columbus members join in the Church parade on that date, (2) proclaiming October 16, 1986 to be World Food Day in honour of the founding of the Food and Agriculture Organization, (3) proclaiming October 6 to 12, 1986 to be Family Week in the City of Saint John, and (4) proclaiming October 5 to 11, 1986 to be Fire prevention Week in the City of Saint John and, at the Mayor's request, Fire Chief McDevitt commented on the plans for the October 9 city-wide fire drill. . Deputy Mayor Gould cornmendedMr. Garnet Phinney, Chairman of the mass rally for wheelchair athlete Rick Hansen's visit to Saint JOhn on October 2, 1986, and the members of the committee, as well as the members of the Fire and Police Departments for their participation in this event, and commented on the Cities of New Brunswick Association meeting held in Bathurst on October 3 and 4, 1986, and Councillor Flewwelling commended staff on the success of the City's annual vehicle and equipment auction which raised $104,542.500. _I , '\ Councillor MacDougall requested that his letter concerning air and ducts in City Hall be withdrawn from the agenda. On motion of Councillor MacDougall -I Seconded,by Councillor Schermerhorn , RESOLVED that the letter from Councillor MacDougall regarding air and ducts in City Hall be withdrawn from the agenda. Question being taken, the motion was carried. Councillor Rogers commended the organizers of the October 4 West Side Heritage day, and Councillor A. Vincent asked that consideration be given to adding an addendum to the recently-advertised tender for "a maintenance building at Forest .' Hills Park, such addendum to determine the cost of constructing tll;i:\> bu;i:lding either of wood or concrete blocks and the actual number of lOCal labourbour\>, ;i:n vie~ o~ his opinion that a metal building fOr which the tender call\> will require annual maintenance due" to vandalism. ...4 ".... 45 . ~( '1 . I i. 1 I . ~ Her Worship the Mayor recognized thecpresence in the Council Chamber of Mr. Norman Jackson, ?resident of Saint John Toastmasters Club. Mr. Jackson presented to Her Worship the Mayor the Toastmasters Communication Achievement Award in recognition of her outstanding achieve~ents and contributions to communication excellence and for distinguishing herself as a leading spokesperson for the City of Saint John and for her public speeches in which she has shown excellent preparation, good delivery and much enthusiasm. Mr. Jackson advised that the Executive of the Club has designated October 1986 to be Toasmasters Month. The Mayor accepted the award with appreciation. On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the letter from Councillor MacDougall regarding the anticipated announcement at the recent New Brunswick Medical Society Annual Meeting held in Saint John to the effect that the long-awaited cardiac surgical unit would be set up at the Saint John Regional Hospital, and recommending that, in view of the many firsts in the health field for Saint John which should favour a positive decision, the long list of medical and nursing firsts could be sent to the Minister of Health and the premier requesting that they be the first Goverrunent to establish a surgical cardiac unit in the first Incorporated City of Canada -- be received and filed and the recommendation adopted,. The Mayor expressed the understanding that, at the October 3 and 4 Cities of New Brunswick Association meeting during discussion of the establishment in New Brunswick of a surgical cardiac unit, the Cities in the northern part of New Brunswick were concerned about the cost and she suggested that the City Manager should forward a letter to these Cities explaining to them that, if this unit is established in saint John, it will not be at their cost as the City of Saint John currently has a fluently bilingual cardiac department at the Regional Hospital, as well as explaining the benefits they will derive from this unit being in saint John. Discussion ensued during which time Councillors Schermerhorn, Gould, FlewWelling, MacDougall and Rogers, who were in attendance at the recent Cities of New Brunswick Association meeting, commented on the discussion of this matter at this meeting, Deputy Mayor Gould suggested that interested groups and organizations should take the opportunity to view the visual presentation, which a Saint John Regional Hospital delegation presented to Council in committee of the ,Vhole on September 15, 1986; Councillor A. Vincent suggested that oouncil16rMacDougall' shou'ld' head up a commi ttee of volunteers to meet with,' the Cities ,in the' Province' to explain the advantagesbf this unit being located in Saint John in an attempt to obtain their support in this matter, and Councillor Davis commented on the importance of first having the Department of Health's agreement that the unit should be established in New Brunswick and then convince the Province that the appropriate site fOr the unit is Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the city Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt September 24-30, 1986 $81,637.21 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Rotary Admiral Beatty Complex - Commercial Donovan Associates Inc. Improvements commercial space Original value of contract Total work completed, Certificate 5 Retention Payments previously approved Sum recommended for payment, ?rogress Estimate Number 5, dated October 3, 1986 Partial release of holdback $134,400.00 137,667.00 3,734.00 121,187.40 $ 12,745.60 Question being taken, the motion was carried. On motion of councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of BWS Manufacturing Ltd., in the amount of $14,249.00 plus tax, be accepted for the supply of one only 12 cubic yard dump/salter box. Question being taken, the motion was carried. On motion of Councillor Schermerhorn seconded by Councillor Gould RESOLVED that as recommended by the City Manager, contract #86-23, st. James Street water and sewer renewal, be awarded to the low tenderer, Nautilus construction & Rentals Ltd., at the tendered price of $109,259.10, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. ~ 46 On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED ,that as recommended by the City . Manager, contract #86-26, Regent Street water, and sewer, be awarded to the low tenderer Master Enterprises Ltd., at the tendered price of $136,153.20, and that the Mayor and ' Common Clerk be authorized to execute the necessary contract documents. Councillor A. vincent asked the number of sub-contractors which can be used on a project and expressed concern that, with regard'to the Lancaster Street sidewalk proj~ct, it is his understanding that this project was sub-contracted four times and, desp1te the unemployment in the City of Saint John, six people were brought in from ~araquet, N. B., to ~o the work. Councillor A. vincent expressed the opinion that, 'I-r:.- 1f a sub-contractor 1S engaged at a lesser cost, the City of Saint John should benefit from this, and the Mayor asked staff to submit a report on the rules with regard to sub-contracting projects. Question being, taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn '~I, RESOLVED that as recommended by the City Manager, contract, #86-27, Lakeview Drive concrete curb and sidewalk construction, be awarded to the low tenderer, Manatec Ltd., at the tendered price of $212,919.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a letter from the, City Manager submitting a letter from the Commissioner of Housing & Renewal Services and property Management regarding Common Council resolution of July 21, 1986 which authorized the sale of the property on the corner . of Market Place and Winslow Street to Mr., Paul Smith, advising that, due to a delay in filing and processing his development plan, Mr. Smith has requested an extension, and concurring with the Deputy Commissioner's recommendation that the transfer date be extended to October 31, 1986. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the date for the transfer .of the property at 181 Market place to Mr. paul Smith be extended to October 31, 1986. Question being taken, the motion was carried. On motion of Councillor Gould I seconded by Councillor Rogers RESOLVED that the letter from the City Manager submitting a report from the Director of Recreation and Parks advising that, with regard to the request of Mr. Donald R. MacLean on behalf of the Loch Lomond School Association for basketball standards to be installed at the School, staff has been instructed to proceed with the requested installation -- be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John . The Committee of the Whole reports Your COmmittee begs leave to report that it sat on September 29, 1986, when there were present Mayor Wayne and Councillors Flewwelling, Gould, Knibb, MacDougall, Rogers', Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. That the following recommendations of the Nominating Committee be adopted, narnely:- (a) That Mr. R. David Roberts be appointed to the Board of commissioners of the Saint John Regional Hospital for a term to expire June 30, 1989. 2. That as recommended by the city Manager, authority be granted for an expenditure of $143,000.00 to carry out the necessary renovation of the 11th and Lobby Floors of City Hall. /I~ 3. That as recommended by the city Manager, authority be granted for an expenditure of $10,500.00 to carry out the necessary renovation of the 12th floor of City Hall. 4. That as recommended by the c;tty Manager, the c;tty enter into a lease with ports Canada for the sewer outfall at Robertson Square, such lease to be for the period of October 1, 1986 to september 30, 1991 and to be at the following rates: October 1, 1986 to September 30, 1987 - $288.00 October 1, 1987 to september 30, 1988 - $302.00 October 1, 1988 to september 30, 1989 $317.00 October 1, 1989 to september 30, 1990 - $334.00' October 1, 199Q to september 30, 1991 - $350.00 ( . ...4 ~ . ~. ,^' ..; ~...~ 47 . 1 1'1 I. I I . I , "' . ....' 5. That as reco~ended by" the City Manager, the City acquire a 6.1 meter wide easement for a storm sewer along the eastern boundary of Lot 2 Block 7, Forest Hills, being a property fronting on Parkhill Drive and owned by Arthur and Margerette Wilson, the total compensation be the sum of $2,825.00 made up as follows: (a) value of easement - $2,000.00, (b) appraisal fees - $325.00 and (c) legal fees - $500.00. 6. That Council authorize the necessary steps to amend the Saint John parking Commission Act at the spring 1987 sitting of the Legislature, the proposed amendment to take the following form: That the Council is authorized to enact a by-law to provide for exemptions from parking, standing or stopping restrictions of any by-law of the City regulating traffic, by the issuance of a permit under such terms and conditions as the Council may determine: And further there be provision for the charging of such fee as the Council may determine for the privilege of parking during such times as the by-law provides such amendment to allow Council to bring into effect a residential parking permit policy. October 6, 1986, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Councillor A. Vincent asked for a report at the next meeting regarding the expiration date of the lease on the City Hall building, plans for the building and the amount of rent being paid. Councillor Rogers expressed opposition to the above motion on the basis that the funds could be expended in a more useful manner. Question being taken, the motion was carried with Councillors Flewwelling, Rogers and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Gould Seconded by Councillor MacDougall RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting I1nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Common council assent to the subdivision of land shown on the submitted plan, entitled "Subdivision plan: Brentwood Park Subdivision, phase 4", dated September 23, 1986, in a manner illustrated thereon, and also assent to one or more stages of subdivision of the area shown on the said Subdivision plan and (2) . Council authorize the preparation and execution of a City/Developer agreement ensurlng the provision of the required services including curbing, installation of catch ~ .48 basins, landscaping, and sidewalk along Woodward Avenue for the full width of the site. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Gould ., RESOLVED that as recommended by the Planning Advlsory Comm~ttee, the sum of $1,050.00 be accepted as money-in-lieu of land for public purposes with respect to lot 86-9 on Industrial Drive in the E. L. Woods Estate Subdivision at 500 Grandview Avenue. Question being taken, the motion was carried. '( On motion of Councillor Flewwelling Seconded by Councillor Knlbb' " RESOLVED that as recommended by the Planning Adv~sory Comm~ttee, the sum of $252.00 be accepted as money-in-lieu of land for public purpOses with respect to lot 86-1 on an existing common right-of-way, being Shaw's Lake Road, in the Granville Willis Subdivision at 1400 Golden Grove Road. Question being taken, the motion was taken. I On motion of Councillor Vaughan Advisory committee, public purposes for at 120 Range Road. Seconded by Councillor Gould RESOLVED that as recommended by the Planning the sum of $270.00 be accepted as money-in-lieu of land for each of the lots 86-2, 86-3 and 86-4 in the Mary Doyle Subdivision The original motion proposed by Councillor vaughan and Deputy Mayor Gould was that Council adopt the staff recommendation that the sum of $810.00 be accepted as money-in-lieu of land for public purposes and that approval be given for the subdivision plan with on-site services in accordance with the conditions as outlined; however, the motion was withdrawn with the consent of the mover and seconder following an explanation by Mr. Brown that, although Planning staff's recommended to collection of the lump-sum payment of $810.00, the applicant requested to pay for the lots individually upon registration and that there is no big difference between the staff position and the Committee's position; therefore, staff has no great concern with respect to the Planning Advisory Committee recommendation. Mr. Brown concurred with the Mayor's observation that the above recommendation makes it somewhat easier for the applicant. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Mr. Stephen D. Carson requesting, on behalf of Orange Street property owners, that the block which includes the properties on both sides of Orange Street between Carmarthen and Wentworth Streets be designated as a preservation review area -- be referred to the City Manager for a report and recommendation. Councillor Rogers, a member of the preservation Review Board, expressed concern that the Board is having difficulty controlling the present preservation area in view of the inadequacy of the Preservation Review By-Law to which the Mayor suggested that the city Solicitor should review this By-Law with a view to making . improvements in same. Councillor Davis, a member of the Heritage Canada Foundation, advised that Common Council is known for its co-operation with local heritage groups. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers ,RESOLVED that the letter from Mr. Eric L. Teed, Secretary of saint John College Development Incorporated, proposing that the City of Saint John approve in principle the establishment of a citizen's committee ( for the purpose of taking the necessary action to secure and develop student residences for UNBSJ and offering to discuss with the City's representatives how best such a ,-,- committee might be established and who might be considered for appointment to such a committee -- be referred to the University Advisory Board. Question being taken, the motion was carried. On motion of councillor Schermerhorn l Seconded by Councillor Rogers RESOLVED that the letter from Canadian Association for the Mentally Retarded Saint John Branch Inc. regarding its letter to Council on March 24, 1986 requesting to make a presentation for the purpose of requesting Common council to adopt a policy statement of non-discrimination, suggesting that the request to make a presentation be now reconsidered by Council -- be referred to the City Solicitor for a report in two weeks. Question being taken, the motion was carried. . -...4 r" 49 Consideration was given to a letter from Mr. Ralph C. Corbett, Chairman of the Saint John Harbour Bridge Authority, advising of the increasing difficulty in enforcing the toll fare structure for small trucks and vans in a Class #4 category, as required in Schedule "A" of the Four Party Agreement; expressing the opinion that, as approximately 80% of these small vans and trucks are used as passenger vehicles, they should be permitted to travel at the same rate as a passenger car which the Board does not feel would result in any loss of revenue as a large percentage of these trucks and vans are now refusing to pay the prescribed fare and, if the fare schedule is altered, a greater number of trucks and vans may use the Harbour Bridge; submitting a motion which was adopted by the Board for which approval has been received from the Federal level of Government, and requesting Council's consideration of this matter. . ""'I~ , , On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that Common Council approve the change in tolls as outlined in Schedule "A" of the Four party Agreement for the Saint John Harbour Bridge, to permit vans and light trucks up to and including ~ tons, to be reclassified as Class #1 Vehicles from Class #4. , -It' Question being taken, the motion was carried. On motion of Councillor MacDougall Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John express appreciation to the Mayor and members of Council of the City of Bathurst for their hospitality during the recent Cities of New Brunswick Association meeting. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that this-meeting be adjourned. I Question being taken, the motion was carried. Vk~ca~r I . ~, ---.,.-, \ JI . .... ' , ~ 50 At a meeting of the Common Council, held,atthe City Hall in the City of.,Saint John, on Monday, the twentieth day of October, A.D. 1986, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Khibb, MacDougall, Rogers, Schermerhorn; Vaughan and A. Vincent - arid - Messrs. R. S. Clark, city Manager; N.Barfoot, Assistant City Manager - Administration; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property'Management; P. Groody, commissioner of Human' Resources; S. J. Armstrong, Deputy Commissioner of Engineering; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; C~ E. Nicolle, Director of Recreation and Parks;, B. Sheridan., Assistant Director of Parks; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Levesque, Public Relatibns Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. ,'I' ~ , ~ ..~ :I~ Father Fitzgerald of St. Peter's Church 'offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on October 6, 1986, be approved. . Question being taken, the motion was carried. The Mayor asked that an item considered earlier this date in Committee of the Whole with regard to Rockwood Court and vacant lots in the South End be added to the agenda for consideration at this meeting. On motion of Councillor Schermerhorn Seconded by Councillor FLewwelling RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting. I V" Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Saint John Board of Police Commissioners regarding the Curfew By-Law be withdrawn from the agenda. Question being taken, the motion was carried. Her Worship the Mayor read proclamations proclaiming the week of October 24 to 31 to be Disarmament Week, the week of October 19 to be Toastmasters eek and the week of October 19 to 25 to be Small Business Week, in the City of Saint John and noted that a Pizza Hut establishment is opening on Rothesay venue. . Councillor Rogers commented on a motor vehicle fatality at Market lace and Deputy Mayor Gould referred to the opening of the Regional Office of illcan Financial Corporation on Prince William Street. The Common Clerk advised that the necessary advertising was completed ith regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal evelopment Plan, by redesignating a 4.8 hectare (12.8 acre) vacant lot located t 166 Rothesay Avenue (L.R.I.S. Number 19331), previously occupied by the cAvity manufacturing plant, from Light Industrial to District Centre Commercial lassification and (b) re-zoning the same vacant lot from "1-2" Heavy Industrial o "SC" Shopping Centre classification, to permit the construction of an 11,686 quare meter (125,791 square foot) store for the sale of food and department tore-type merchandise, as requested by IPCF properties Inc./Atlantic Wholesalers td., and that no written objections were received in this regard. I~ ,~ Consideration was given to a letter from the Planning Advisory Committee ecommending that (1) Schedule 2-A of the Municipal Development plan be amended y redesignating 168 Rothesay Avenue (L.R.I.S. Number 19331) from Light Industrial o District Centre Commercial classification and (2) the same property be re- oned from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject o a resolution pursuant to Section 39 of the Community planning Act which would dopt the submitted proposal dated September 18, 1986, on condition that: (a) he area between the building and Rothesay Avenue be landscaped, (b) power ervice be provided underground, (c) the applicant construct, at his cost, a 1.5 eter (5 foot) concrete sidewalk the full length of the site on Rothesay Avenue, (d) the applicant assume the cost of installing traffic signals on Rothesay venue and (e) the applicant prepare a detailed site and landscaping plan for pproval by the Deputy Commissioner of Planning. ' (I~ . ~' ~ ,.. 51 . Mr. J. Stevenson of , Sack viI Ie, N.B., Vice President of Real Estate and Corporate Development of IPCF properties Inc.jAtlantic Wholesalers Ltd., appeared in support of the above application and, upon expressing his intent to make a lengthy presentation, the Mayor questioned the propriety of same whereupon Mr. Rodgers noted that, as this is a public hearing preceding the possible enactment of a law, the public has a right to take a reasonable amount of time to make presentations and that he does not believe that Council has set a policy as to what is a reasonable amount of time. Her Worship the Mayor asked if Mr. Stevenson would allow Council to proceed with the presentation by the Saint John and District Ministerial Association regarding Sunday shopping in view of the large number of persons present in the Council Chamber for said presentation to which Mr. Stevenson replied in the affirmative. . I Reverend Roy Campbell addressed Council on behalf of the Saint John and District Ministerial Association and, in noting that approximately four years ago Council voted eight to two against stores being open for business on Sunday, advised that the Association's purpose at this time is to encourage Council to continue this course of objecting to Sunday openings. Reverend Campbell read the previously~submitted letter to Council in which the Association expressed its support for the Christian principle of a day of rest and worship in the Judeo Christian tradition and expressed objection to Sunday opening of stores for the following reasons: (1) Sundy store opening is detrimental to family life with the disturbance of the family day when a spouse is called to work, (2) the effect on divorced and single-parent families, (3) the precedent being set that, if a law is considered to be unpopular, it should be blatently broken in order to change it which strikes at the heart of the principles of natural justice for all and the strength of due legislative process and (4) the strong reaction from many thousands of church- going Christians in the City of Saint John who are against Sunday shopping. Reverend Campbell expressed appreciation to the Mayor and Council members for their efforts to uphold the law, for their concern to maintain the Christian principles which are the Loyalist heritage of the City and their support to maintaining family unity for the citizens of Saint John and pledged support to the Mayor and Council to pursue this course of action to preserve Sunday as a day of rest and worship for the family. . The Mayor thanked Reverend ,Campbell for his presentation and expressed appreciation to the delegation for its attendance at this meeting. Mr. Rodgers, referring to the public hearing for the application of IPCF properties Inc./Atlantic Wholesalers Ltd., noted that Council in the past has extended a privilege to persons wishing to address applications for Municipal Plan amendments and re-zonings of properties, even when there are no written objections, and the Community Planning Act indicates that the rights for people to speak at such public hearings are for or against written objections; however, there are no written objections ith regard to the application in question which means that any presentation is at the privilege of Council for which a time limit can be set. I Following a brief recess, the Common Council meeting continued. The Mayor noted that, although a public hearing is scheduled for the pplication of Brass Tap Pub Ltd. to amend the Zoning By-Law to exempt Westmorland lace, 535 Westmorland Road, from the application of the limitation with respect to averns or cabarets being permitted within specified distances of a residential zone, hurch or school, there is a letter from the applicant requesting to withdraw the pplication, and she suggested that Council could deal with this matter at this time. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that permission be granted for the ithdrawal of the application of Brass Tap Pub Ltd. for a Zoning By-Law amendment ith respect to Westmorland Place, 535 Westmorland Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the correspondence regarding the bove-mentioned application be received and filed. I Question being taken, the motion was carried. I Mr. J. Stevenson addressed Council in support of the application of IPCF properties Inc.jAtlantic Wholesalers Ltd.; clarified what a superstore is with respect to size, the number of different items stocked therein and the amount of space used for non-food purposes; noted the other locations of this company's superstores in New Brunswick and Nova Scotia; displayed an artist's rendition of the proposed structure and commented on the quality and size of the proposed development which is estimated to cost $10 million on the construction thereof with substantial spin-off effects and mployment. Mr. Stevenson referred to the submitted copy of the Saint John Market Impact Study performed for the company by The DPA Group Inc. of Fredericton, N:B., nd advised that a report on the traffic study dealing with specific traffic movements t access points to the proposed development will be filed in the near future. Mr. tevenson expressed the opinion that a traffic prOblem currently exists in the area oncerned and, with regard to the Planning Advisory Committee's recommendation that he applicant install traffic signals on Rothesay Avenue, asked that the applicant be iven the same consideration in Saint John as in Moncton, N.B., where the City installed he traffic signals at its cost. Mr. Stevenson also requested that the City install t its cost the concrete sidewalk along the full length of the Rothesay Avenue site nd, with respect to the site and landscaping plan submitted by the company which hows the sidewalk as requested, a 3-meter green area adjacent to the sidewalk with a 7-meter wide strip of paving between the green area and the building, noted that his proposal differs from the Planning Advisory Committee's recommendation which aIls for a green area in totality from the edge of the sidewalk to the building . ~ - 52 which causes Atlantic Wholesalers and its insurance company grave concern based on their belief that, in the event an emergency vehicle is required, there will be problems servicing that side of the building, and he asked Council's consideration with respect to this requirement. Councillor Vaughan asked if the applicant would proceed should Council adopt the Planning Advisory Committee's recommended conditions to which Mr. Stevenson replied, although the development would not hinge on such issues, the point is that the proposed development is a major one for Saint John with a major employment factor and, in his opinion and in view of the fact that the company has asked for no public funds on private land, the tax benefits to be generated will far outweigh the cost of traffic lights and the sidewalk which will benefit the City as a whole. Councillor Vaughan expressed the understanding that Atlantic Wholesalers is open seven days a week~ twenty-four hours a day and asked if Council's stand with respect to Sunday opening has any effect on the applicant to which Mr. Stevenson replied that Atlantic Wholesalers' position is that it is opposed to Sunday opening; however, whether or not the store would be open Sundays in Saint John, would depend on the market conditions at the time. Mr. Stevenson referred to the confusion existing on the issue of Sunday opening with regard to a law which can be upheld and uniformly enforced and advised that Atlantic Wholesalers does not operate any of its stores twenty-four hours a day, although one store in Moncton is open seven days a week because of the climate in that area. Councillor Schermerhorn questioned the requirement ,for the green area to which Mr. Brown replied that, if Council does not want to impose the 50-foot landscaping recommendation, it can delete or amend condition (a). Councillor Schermerhorn questioned the propriety, in view of the $10 million investment by the company, of imposing a condition to install a traffic light and the Mayor suggested that, although the condition regarding the sidewalk installation is standard procedure, the traffic light and landscaped area may be given further consideration. Mr. Stevenson responded to Council queries with respect to the two entrances to the development, the possibility that the proposed development in Saint John would lead to the closure of other retail businesses, Atlantic Wholesaler's intent with regard to supporting local manufacturing companies by stocking their products, the proposed future grade separation of Thorne Avenue and possible business disturbance claim by the company and the DPA study with respect to the proposed development. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by~law entitled, "A Law To Amend The Municipal Plan ByLaw", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by reclassifying a 4.8 hectare (12.8 acre) vacant lot located at 166 Rothesay Avenue (L.R.I.S. Number 19331), previously occupied by the McAvity manufacturing plant, from Light Industrial to District Centre Commercial classification, be read a first time. , Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- Law" . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal plan By-Law", by amending Schedule 2-A, the Future Land Use plan of the Municipal Development Plan, by reclassifying a 4.8 hectare (12.8 acre) vacant lot located at 166 Rothesay Avenue (L.R.I.S. Number 19331), previously occupied by the McAvity manufacturing plant, from Light Industrial to District Centre Commercial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal plan By-Law" . Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ . . Y'/ r . r ,~ . Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the city of Saint John insofar as it concerns re-zoning a 4.8 hectare (12.8 acre) vacant lot located at 166 Rothesay Avenue (L.R.I.S. Number 19331), previously '~_', occupied by the McAvity manufacturing plant, from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee excluding conditions (il) and (d) of the said recommendation, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a 4.8 hectare (12.8 acre) vacant lot located at 166 Rothesay Avenue (L.R.I.S. Number 19331), previously occupied by the McAvity manufacturing plan, from "1-2" Heavy Industrial to "sc" Shopping Centre classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory ... Committee excluding conditions (a) and (d) of the said recommendation, be read a second time. ,j r-- 5,3 Read a second time the by-law,to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Planning above-proposed amendments be received and filed. Advisory Committee regarding the Question being taken, the motion was carried. "I 'I The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to add a sub-clause (ii) to Section 310 (2) (c) as follows: "(ii) Notwithstanding (i) above a parking area, located at 328 to 346 Union Street, maybe used for the purposes of providing parking'for uses which are not located and permitted in the same zone.", and (2) to renumber the existing clause (c) of Section 310(2) to become sub-clause (i), to permit the parcel of land at 328 to 346 Union Street to provide parking for uses which mayor may not be permitted in the "RM-l" zone, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council amend the Zoning By-Law by (a) adding a sub-clause (ii) to Section 310(2) (c) as follows: "(ii) Nothwithstanding (i) above, a parking area, lOcated at 328 to,346 Union Street, may be used for the purpose of providing parking for uses which are not located and permitted in the same zone.", and (b) renumber the existing clause (c) of Section 310(2) to become sub-clause (i). . Mr. John Wallace, solicitor for Irving Oil Limited, owner of the subject property, appeared in support of the proposed amendment and noted that the purpose of the amendment is basically to confirm the use which has existed at that particular site for the past two years, that is for the parking of vehicles. Mr. Wallace explained that the plans include a considerable upgrading of the site so that, in a visual way, it will be much more appealing than it presently is; commented on the landscaping proposal for the area surrounding the parking area, the one access to the site which will be controlled by a gate which will be activated by parking cards, and expressed agreement with the recommendation of Planning staff for the provision of a fence. On motion of Councillor Vaughan I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns adding a sub-clause (ii) to Section 310(2) (c) and renumbering the existing clause (c) of Section 310(2) to become sub-clause (i), be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Flewwelling c- '.1,;, Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns adding a sub-clause (ii) to Section 310(2) (c) and renumbering the existing clause (c) of Section 310(2) to become sub-clause (i), be read a second time. . Read a second time the bylaw to anemdthe Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting.) On motion of Councillor Rogers I Seconded by Councillor Gould RESOLVED that the letter from the Planning dvisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with egard to re-zoning a parcel of land located at 315 Dufferin Row (L.R.LS. Number 394288), from "R-2" One- and TWO-Family Residential to "B-1" Local Business classification, to permit the continued occupation and use of the building for a store and beauty salon, as requested by Linda Ezzat and Ahmed Ezzat, and that no written objections ere received in this regard. No persons were present with respect to the proposed mendment. ' Consideration was given to a letter from the Planning Advisory Committee ecommending that the parcel of land located at 315 Dufferin Row (L.R.I.S. Number 94288), be re-zoned from "R-2" One- and TWO-Family Residential to "B-1" Local Business lassification. On motion of Councillor Rogers . Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning y-Law of the City of Saint John insofar as it concerns re-zoning the parcel of land ~- -54 ~ located at 315 Dufferin Row (L.R.I.S. Number 394288), from "R-2" One- and Two-Family Residential to "B-1" Local Business classification, be read a first time. Read a first time theby-lciw to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning the parcel of land located at 315 Dufferin Row (L.R.I.S. Number 394288), from "R-2" One- and TWO-Family Residential to "B-1" Local Business classification; .be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the'motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) Dr. Evan pugh, Chairman ofthe~Saint John Environment Committee, addressed Council regarding a proposed smoking control by~law for the City of Saint John and, referring to the Conunittee's April 2, 1984 presentation to Council in this respect and to Council's resolution to the recent Cities of New Brunswick Association meeting requesting the Province to enact the necessary ,legislation to enable municipalities to adopt by-laws to control smoking in public places, advised that the Committee's appearance at this time is to keep the matter before the public and attempt to pressure the enactment of legislation. Dr. Pugh requested that Council take the following action:- (1) formally approve the principle of control of smoking in areas to which the public has access, (2) request the City Solicitor to consider and report on the feasibility of the City enacting a control by-law under the authority of the City Charter and, if the City Solicitor reports that this is feasible, to draft a by-law for Council's consideration, (3) if the City Solicitor reports that it is not feasible to use the powers in the City Charter, request the Lieutenant-Governor In Council to pass the necessary regulations under the, Municipalities Act to enable the City to pass smoking control by-laws and (4) if the Lieutenant-Governor In Council reports he is unwilling to pass such regulations, request the Minister of the Environment to use his powers to ensure areas to which the public has access are smoke-free. During discussion matters were broached pertaining to rights of the smoker and non-smoker; Councillor Knibb's observation that morality cannot be legislated and his opinion that the adoption of a smoking control by-law will not lead to a better society; education with respect to the dangers of smoking; Dr. Pugh's clarification that the Committee does not intend for such a by-law to make money for the City' nor to legislate morality but, as persons who smoke seem able to do so everywhere, to give rights to non-smokers in view of the lack of an approach to people who smoke to do so in particular areas; Councillor Schermerhorn's suggestion that, with public awareness and the designation of smoking and non~smoking areas in restaurants etc., the problem is resolving itself to which Dr. Pugh noted that certain municipalities have adopted laws giving rights to non-smokers as well as to smokers; and Deputy Mayor Gould's query respecting the manner in which such a by~law would be enforced, particularly in view of the number of by-laws currently in place which are not being enforced. Mrs. Mary Warzecha appeared on'behalf of 'the Saint John Chapter of the New Brunswick Nurses' Association and asked to go on record as being in support of the Environment Committee's submitted proposal for a smoking control by-law. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor wayne submitting a copy of a letter of a letter from Mr., Lionel April tendering his resignation as a member of the Saint John Fundy Region Development Conunission -- be received and Mr. April's resignation be accepted with appreciation for his services on the Conunission and that this matter be referred to the Nominating Conunittee. Question being taken, the motion was carried. on motion of Councillor MaCDougall Seconded by Councillor Flewwelling RESOLVED that letter from Councillor MacDougall regarding the condition of Thorne Avenue, which is a Provincially-designated highway, recommending that the City Manager investigate and report to Council with a recommendation to at least improve the road to a reasonable state -~ be received and filed and the recommendation adopted. Question being taken, the motion was carried. . a~ I~ . ,I '--' . I -, I . -..,4 "..- 1: _. . 55 On motion of Councillor Rogers' . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City granted for payment of 'the following invoice, namely: _c' L. >:'], " Ltd. - supply of asphalt October 8-14, 1986 $21,768.59 Manager, authority be Stephen Paving (1982) Question being taken" the motion was carried. On motion of Councillor Schermerhorn ~,I-' -. Question being taken, the motion was carried. On motion of Councillor Schermerhorn -I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 86-3, Kennebecasis Drive water Que-Mar Construction (Maritimes) Limited Original estimated value of contract Total work done,Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated October 7, 1986 Final holdback release $ 71,710.00 64,447.70 Nil 54,137.04 $ 10,310.66 . 2. Walkway Link to Aquatic Centre W. E. Kelly Ltd. Original estimated value of contract Total work done, Estimate Number 8 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 8, dated October 6, 1986 Final holdback Deficiency holdback release $158,000.00 164,240.72 Nil 163,240.72 $ 1,000.00 1- Mr. Armstrong, replying to a query of Councillor Rogers with regard to the contractor for 86-3 having been asked to be on hand to backfill after chlorination was completed yet the City did not get the chlorination work done which resulted in a cost to the City of $492.14, explained that this was caused by a scheduling problem. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the tender for the demolition of the building located at 77 Ludlow Street (L.R.LS. umber 363176), which was issued on behalf of the Provincial Department of Supply & ervices as part of the City's agreement with the Department to remove dangerous or otentially dangerous buildings with the Department to reimburse the City for expenses o the value of $300.00. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City anager, the low tender, as submitted by F. A. Simpson Contracting Ltd., in the ount of $6,800.00, be accepted for the demolition of the building located at 77 udlow Street (L.R.I.S. Number 363176). Question being taken, the motion was carried. I , ~_J On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City anager, the tender of Crane Supply be accepted for supplying gate valve boxes at a ost of $50.96 each and valve extensions at a cost of $13.10 each on an as-required asis for a period of one year. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City anager, contract #86-28, Cold Mix Shed, Boar's Head Road, mechanical and electrical enovations, be awarded to Lawton's Limited, at the tendered price of $22,585.00, and hat the Mayor and Common Clerk be authorized to execute the necessary contract ocuments. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from the City anager regarding the rules for subcontracting, which was questioned at Council's lI.... ~, 56 ~ l meeting of October 6 during discussion of the Lancaster Street sidewalk project; explaining that, although the tendering procedures for the City require that tenderers list subcontractors to be engaged on the project, the tender conditions also provide that the City's approval is required when a contractor wishes to change the subcontractors from those-in the original tender submission and, where such a change results in a saving to the contractor, the City requires a credit on the contract as a condition for approval of the change; advising that City staff involved in the Lancaster Street sidewalk project handled the change in subcontractors in the normal fashion according to the provisions in the contract, such change having been for the purpose of saving time as the project was delayed pending Council's decision on the concrete sidewalk, and resulted in no increased or reduced cost to the contract, and concluding that there are no provisions in the City document specifying the place of r,esidence' for individuals working for a contractor or subcontracting -~' be received and filed. Councillor A. vincent re-iteratedhis understanding that Manatec Ltd., a sub-contractor of Que-Mar Construction, in turn sub-contracted to Bass Masonry of Caraquet which is not mentioned in the above report, and asked if there can be assurance given that Saint John citizens will be hired first, particularly in projects which involve no Federal or provincial funding. The Mayor questioned the omission from the above report of the sub-contracting matter to which Mr. Armstrong noted that, as indicated in the report, the employees who actually performed the work are, to the best of the Engineering Department's knowledge, employees of Manatee Ltd. Councillor A. Vincentre-iterated his request for a staff report to the effect that future projects of the City will employ Saint John citizens first and Mr. Clark asked, if staff is to ensure that sub-contractors are 100% local companies, for such policy direction from Council. Councillor Schermerhorn asked for a report on the actual cost of the concrete sidewalk in comparison to an asphalt sidewalk and the Mayor, in making the observation that Councillor A.vincent has implied that the above report is not complete, suggested that this must be resolved and that, if the proper procedure was not followed, Council should be advised why it was not followed and asked that this matter be tabled until Council is provided with further information. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a report from the Commissioner of Community Planning and Development advising that, with regard to the request of Mr. Stephen D. Carson on behalf of Orange Street Residents that Orange Street be designated as a preservation review area, which was considered by Council on October 6, 1986, in light of the current work program within the Planning Branch and the lack of resources with appropriate expertise to service the Preservation Review Board's activities, it is not envisaged that such designation work can be accomplished in 1986; however, if the Heritage planner position is approved by Common Council in the 1987 budget, work of this type could proceed in 1987, and recommending that this report be received and filed and Mr. Carson be advised that further action on his request will be deferred pending the approval of the 1987 budget --- be received and filed and the recommendation adopted. Councillor Rogers, a member of the Preservation Review Board, noted that the City Solicitor is to review the Preservation Review By-Law and also that the Board was not consulted with regard to the above matter, the latter to which the Mayor noted that Council should have directed that the Orange Street request be referred to the Board. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that recommended by the City Manager, the engagement of Coopers & Lybrand as the City's internal auditors be extended for a period of one year at a fee not to exceed $25,000.00, this being the amount approved in the 1986 Operating Budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding a request from Colonial Inns Limited for consideration to be given to the reconstruction of City Road, submitting a report from the Assistant City Manager - Operations advising that it was decided not to do City Road this summer in view of the power Commission's plan for a major hydro pole relocation in 1987 and that staff plans to reconstruct City Road in 1987 to coincide with the electrical utility relocation in order to reduce the inconvenience to the public and save the cost of the pole relocation -- be received and filed and a copy be forwarded to Colonial Inns Limited. Question being taken, the motion was carried. . [ 1- . -I --~ . I I -- . ~ ~ II"" , - 57 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Fire Chief, a warrant be issued to Mr. Kristy R. Wilson for membership to the Saint John Salvage Corps & Fire Police. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ,- Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract #86-29, maintenance building - Forest Hill Park, be awarded to Darkil Construction Limited, at the tendered price of $143,234.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. r Mr. Sheridan, replying to a query of Councillor Flewwelling, advised that the above building will be used for the storage of grass-cutting equipment and equipment used for summer and winter maintenance operations. Councillor Rogers questioned the action taken with respect to Councillor A. Vincent's request at Council's last meeting that the tender call include an alternate price for a concrete block building to which Mr. Clark noted that the tender call had already been advertised when this request was made which meant that staff could not simply add an addendum; however, if Council wishes staff to redesign the building and develop another tender package, such action will be taken. Mr. Clark made the observation that the above project is over the budgeted figure by $18,000.00 whereupon Councillor Rogers suggested that the project should be retendered. Question being taken ,: the motion was carried with Councillors Rogers and A. Vincent voting "nay". . Councillor A. Vincent expressed the opinion that it isa common practice in Atlantic Canada for the client to ask a bidder to submit an alternative bid at the bidder's, not the client's, cost. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as a By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely:- Mr. Larry cLean Fitzgerald: 1- AND FURTHER that this' appointment shall continue until such time as the ppointee ceases to be a member of the Canadian Corps of Commissionaires or until the ppointment is rescinded by Common Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that occasion having arisen in the ublic interest of the following public civic works and needed Civic Improvements, hat is to say: . ATER & SEWERAGE UTILITY ater System I, cAllister Industrial Park $243,636; Kennebecasis Drive $7,643; Water Computer Model 24,366; RothesayAvenue $10,932; Subdivision Materials $6,300; Courtenay Avenue $7-,777; Creighton Avenue $19,758; Elliott Row $149,369; Germain Street $91,367; Latimer Lake Intake $79,549; Maple Row $55,941; Charlotte Street $22,231; Collins Street $36,706; North End Booster Station & Standpipe $846,025; Prospect Street, Central $13,310; West Saint John Cleaning Mains $25,645; McLaughlin Crescent $36,683; Duke Street West $81,739; Service Box Renewal $17,668; Spruce Lake & Latimer Lake $5,525; Watershed Development $11,830 -- $1,794,000 Sewer System .1 '..,I Golden Grove Road $6,'136; Maple Row $84,341; Shamrock Park $8,099; Subdivision aterials $8,800; Courtenay Avenue $9,624; Ferry Terminal West $8,135; Charlotte Street $20,946; Collins Street $19,667; Prospect Street $22,229; Simpson Drive $43,278; Water Street $531,653; Germain Street $94,033; Holland Street $26,274; einster Street $31,965; Martello Road $79,956; Millidgeville Sewerage Treatment lant $133,916; Peters Street $21,526; Somerset Street $14,823; Local Drainage $37,762; Meadowbank Avenue $23,914; Peters Wharf $12,029; Spruce Avenue East $29,650; odd Street ,$17,180; Beach Crescent Pumping Station $14,064 -- $1,300,000 otal Water and Sewerage Utility -- $3,094,000 AI NT JOHN TRANSIT COMMISSION - purchase of buses $370,000 AINT JOHN NON-PROFIT HOUSING INC. - Rockwood Court Renovation Project $36,000 . OTAL FOR ALL PURPOSES $3,500,000 .... ~ I S8 THEREFORE RESOLVED that Debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $3,500.00. Mr. Wilson responded to Council queries regarding the funding for Rockwood Court housing, the Millidgeville Sewerage Treatment plant and the Beach Crescent Pumping Station, the latter to which the Mayor requested a report at Council's next meeting, and explained that the interest rates indicated in the submitted resolutions are upper range limits recommended by the Municipal Finance Corporation and that such rates permit some flexibility to the corporation; however, it has been the city's experience that the rates will be somewhat lower than the upper range provided and, with respect to bonding through the Municipal Finance Corporation, such bonds are recognized as a more senior bond than a City issue as they carry the province's guarantee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan resolution, the Commissioner of Finance Brunswick Municipal Finance Corporation or debenture in the principal amount of are recommended by the Corporation: 3 RESOLVED that subject to paragraph/of this be authorized to issue and sell to the New (the "Corporation") a City of Saint John bond $3,500,000 on such terms and conditions as AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation in payment of principal and interest charif~s on the above bond or debenture as and when they are required by the Department of Municipal Affairs: ~ . ~I~ 1 AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98.00 per $100.00 of debenture, at interest rates not to exceed 10.25% for maturities . in years one through five and 10.50% for maturities in years six through ten at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100.00 of debenture, interest rate and term in years, together with the date of the issue for approval by Common Council. Question being taken, the motion was carried. Consideration was given to a letter from The Saint John Non-Profit Housing Inc. recommending the award of the tender for the sale of the Rockwood Court housing; advising that Saint John ,Non-Profit Housing proposes in 1986 to develop 30 units of family housing with the assistance of funding from New Brunswick Housing Corporation, such housing to be geared to lower income families with assistance provided by the Corporation being equivalent to the income collected from the tenants and the income required to permit the project to break even and requesting Council's support of this endeavour by transferring 172-174 Carmarthen Street and 226-228 Duke Street to the Company for 50% of the appraised value or $4,000.00 per site, with the other three sites being privately-owned and the subject of negotiation for their acquisition. The letter also requests Council to approve the transfer of Harbourside Apartments and the Rotary Admiral Beatty Complex to Saint John Non-Profit Housing Inc. effective December 31, 1986, such transfers to be subject to the approval of Canada Mortgage and Housing Corporation, such request being made fo~ the following reasons: (al Saint John Non-Profit Housing presently owns Bicentennial Court in the South End of the City which, like the Beatty and Harbourside, is funded under Section 56.1 of the Natinal Housing Act and, under the terms of the funding arrangement, 10% of any surplus recorded annually by one project can be transferred to another p;oject owned by the same company and (b) the Rotary Admiral Beatty Complex would then be required to pay municipal taxes which would amount to approximately $39,000.00 in 1987. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by Saint John Non- Profit Housing Inc., the tender of Mr. Terism Sadera, in the amount of $1,265,000.00, be accepted for the sale of Rockwood Court. Councillor Rogers expressed opposition to the above motion on the basis that the City should continue to operate the housing project in view of the need for the type of housing provided. Councillor A. Vincent, in expressing opposition to the above motion, noted that Rockwood Court was the first public housing project in Canada and that many of the tenants have lived there for approximately 40 years and should not be subjected to a new landlord, and that the city has a social and moral obligation to assist its citizens by the provision of housing at a reasonable rent. Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Rogers and A. vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the properties at 172-174 Carmarthen Street and 226-228 Duke Street be transferred to Saint John Non-Profit Housing Inc. for 50% of the appraised value, or $4,000.00 per site. Question being taken, the motion was carried. On motion of Councillor Schermernorn Seconded by Councillor'Knibb RESOLVED that Council approve the transfer of J . -J I , .>. . ~ r" 5.9 Harbourside Apartments and the Rotary Admiral Housing Inc., effective January 1, 1987, such Housing Corporation. Beatty Complex to Saint John Non-Profit to approval of Canada Mortgage and . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John '1 The Committee of the Whole reports Your Committee begs leave to report that it sat on October 6, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Grants Advisory Board, the following groups be awarded grant monies as indicated:- I (1) Amana House Inc. - Atlantic Conference on Women September 16-17, 1986 - $250.00 (2) New Brunswick Senior Citizens Federation, Inc. Annual Convention, October 8-9, 1986 - $900.00 (3) Multiple Sclerosis Society of Canada (Atlantic Division) Annual Conference, October 24-26, 1986 - $450.00 . (4) Atlantic Dairy Council - Annual Meeting June 8-9, 1986 - $300.00 (5) International Brotherhood of Electrical Workers (Eastern Canada), Annual Conference, June 16-19, 1986 - $200.00: AND FURTHER that the applications listed below be referred to the City's Major Tournament Committee for review and recommendation as they do not meet the criteria for eligibility for funding assistance under the terms of reference of the Grants, Advisory Board: ' (1) Saint John James Ready Softball Championships (1986 Eastern Canada CCC Ladies) - September 5-7, 1986, Memorial Field I (2) Provincial Badminton Association, International Tour, September 14, 1986, UNBSJ (3) UI6 Boys & Girls Nation ClUbs - Championships (Soccer) October 10, 1986, ,Samuel de Champlain School "." (4) Saint John Sultans Ball Hockey Club for travel to National Tournament in Bridgewater, Nova Scotia, August 29-September 1, 1986. That as recommended by the City Manager, the former Lancaster City Hall. roperty be sold to Rehabitat Inc. on the following terms and conditions:- I. (1) the purchase price will be $15,000~00 (2) the transfer of title will take place on or before December 31, 1986 (3) the sale is subject to approval of project funding by New Brunswick Housing Corporation (4) all survey costs are to be paid by Rehabitat Inc. (5) the sale is subject to normal adjustments (6) if the redevelopment of the property is not substantially underway by April 30, 1987, the City retain the option to reacquire the property for the purchase price. <I October 20, 1986, aint John, N. B. (sgd. ) Respectfully submitted, " Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn dopted. Seconded by Councillor Gould RESOLVED that section 1 of the above report be I Question being taken, the motion was carried. On motion of Councillor SChermerhorn e adopted. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report . Councillor Rogers expressed opposition to the above motion on the basis that the price is too low for this prime residential property, the project proposed will not offer the greatest tax base return to the City and there is no assurance .... 60 that the historical aspect of the building will be considered. "nay" . Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John parking Commission advising that, with regard to Council's request in Committee of the Whole on September 29, 1986 for the Commission to review tourism parking, it was decided that the best course of action was to contact the saint John Tourism Advisory commission and set up a meeting to discuss the matter of tourist parking in uptown Saint: John and a recommendation will be made to Council in this regard in the next 3 to 5 weeks -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, ,Council approve the retirement of Mr. John Patterson, an employee of the Recreation and Parks Department, to retire on an actuarially-adjusted pension, effective January 1, 1987, in accordance with Section 4(2) of the Pension Act. Question being taken, the motion was carried. On motion 'of Councillor Schermerhorn Seconded by,Councillor Rogers RESOLVED that the letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, advising that, with regard to Common Council resolution of September 8, 1986,' recommending the establishment of a strong community-based board responsible for the provision of necessary services for developmentally-delayed or handicapped children, the Department shares Council's concern that children with special needs have the services they require and that the Common Council resolution has been noted -- be received and filed and the Minister be contacted in sixty days to ascertain the progress of the request. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ . '1/ 1 . Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Henry I' , R. LeBlanc, Executive Director of Provincial-Municipal Council Inc., advising that, , with regard to Common Council resolution of September 8, 1986 concerning sales tax on """ asphalt and the new Federal regulations to amend the Excise Tax Act on asphalt paving mixtures, as this is a Federal issue"it is very difficult for the Provincial-Municipal Council to lobby as one Province alone and that, although it appears that the Federation of Canadian Municipalities has abandoned its efforts on the matter, the whole issue could be raised again by the Provincial-Municipal Council's three elected representatives of the FCM National Board at the next meeting in December 1986, and, should Common Council wish, the matter will be initiated with representatives on the FCMNational Board, and submitting a copy of the presentation submitted to the Legislative Committee by FCM in November 1985 -- be received and filed and Mr. LeBlanc be asked to initiate this matter with the representatives of the FCM National Board. Councillor MacDougall noted that the point of Federal tax on Provincial tax . seems to have been missed and the Mayor requested the City Manager to prepare a brief on this matter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling , . RESOLVED that the letter from the Human Development Council advising of its desire to participate on the task force on , unemployment, which was the sUbject of a Common Council resolution of September 29, 1986, and also advising that Mr. Patrick Flanagan, Executive Director of 'the Human Development Council, has recently returned from a year of graduate study in Sweden where he focused on the integration of social and economic policy in the Swedish labour market -- be received with appreciation and referred to the City Manager for his information and to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. William Dolan advising of his resignation from the Planning Advisory Committee -- be referred to the Nominating Committee and Mr. Dolan 'be thanked for his services in this regard. Question being taken, the motion was carried. On motion of Councillor SChermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City of 'f I ~ .' ~ ,.... 6J Kitchener, Ontario, submitting a.resolution for Council's consideration and endorsement, such resolution opposing the establishment of community mailboxes and urging the Federal Government to provide door-to-door service throughout the municipality, and asking, if Common Council sees fit to endorse same, Council to notify the Prime Minister of Canada, Acting President and Chief Executive Officer of Canada Post Corporation and the Federation of Canadian Municipalities -- be received and filed and Council support the submitted resolution. . Question being taken, the motion was carried. -, Read a letter from Mr Eric L. Teed asking Council to consider writing to the Prime Minister of Canada objecting to the discriminatory practice of imposing a 10% duty upon English publications received into this country only to the effect that this is contrary to the spirit and intent of equality of the two official languages in Canada. The Mayor noted, that she broached the above matter with Council on September 22, 1986 and that The Honourable Gerald Merrithew, Minister of State for Forestry, should be given the opportunity to respond to Council's motion in this regard. On motion of Councillor Schermerhorn I Councillor A. Vincent suggested that a copy of the above correspondence should be forwarded to the Prime Minister. Question being taken, ,the motion was carried. I. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. William ReynOlds regarding services in the Brookvi 1 le/Torryburn area, which was the subject of a presentation to Council on May 5, 1986, and requesting that the City deliver water to the residents whose names are on the submitted list -- be referred to the 1987 Capital Budget discussions and that the City Manager look, into the matter of delivering water to the residents concerned. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the petition from the residents of Latimore Lake Road requesting a tennis court in the existing playground -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letters expressing objection o the opening of retail businesses on Sundays be received and filed. Question being taken, the motion was carried. On, motion of Councillor Vaughan I' . . Seconded by Councillor Flewwelling RESOLVED that the presentation of Dr. van Pugh, Chairman of the Saint John Environment Committee, regarding a smoking ontrol by-law be laid on the table pending the consideration of this matter by the rovincial Legislature. Question being taken, the tabling motion was carried. Councillor MacDougall requested that an item regarding the Atlantic Canada pportunities Agency be added to the agenda for consideration at this time. On motion of Councillor Davis -I "P Seconded by Councillor Gould he agenda. RESOLVED that the above matter be added to Question being taken, the motion was carried. . Councillor MacDougall referred to the indication in the recent Federal peech From The Throne of the Prime Minister's intent to establish an Atlantic anada Opportunities Agency and the Prime Minister's indication on October 17 during visit to Charlottetown, Prince Edward Island, that the location for such an agency as not been decided, and suggested that, in view of Saint John's efforts for Federal nd Provincial decentralization which significantly helped other cities in Atlantic .... - I 62 ~ Canada, the location of,the previous Atlantic Development Board in Halifax, Nova Scotia and the fact that Saint John has continually lost Federal jobs since 1965, a telegram be forwarded to the Prime Minister in this regard. On motion of Councillor MacDougall Seconded by Councillor Gould , RESOLVED that a telegram be forwarded to the Prime Minister of Canada requesting that the city of saint John be given a suitable opportunity to present all of its reasons why the location of the Atlantic Canada Opportunities Agency should be located in the City of Saint John, as a down-payment on a long overdue debt. Question being taken, the motion was carried. The ,Mayor concurred with Councillor A. Vincent's~suggestion-:that-'a~copy'6f the above telegram should be forwarded to The Honourable Gerald Merrithew, M.P., ahd Federal-MemJjers 6f~:parliament Messrs. ID'red McCain and Robert Corbett.' On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~1 f)f Yk/Yl~~ Conunon Clerk I ' to . I~ 'I . I . I ,- . - ~ ,.. 6,3 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 October, A.D. 1986, at 4:00 o'clock p.m. ." :" " present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent .'::: >, - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T; Totten, Deputy Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner qf Planning; W. D. Todd, Deputy Commissioner of, Housing & Renewal Services and Property Management; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. MCDevitt, Fire Chief; M.Hanlon, Purchasing Agent; J. Brownell, Assistant Director of Recreation; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Mrs. M. r~unford, COmmon Clerk; and C. Joyce, Assistant Common Clerk. I Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn I . Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on October 20, 1986, be approved. I Councillor A. Vincent referred to Council's approval at the above meeting of the sale of Rockwood Court housing and asked if there is any agreement with the purchaser with respect to not selling the property for a certain time period and to carry out the necessary property repairs to which Mr. Todd replied that the sale of Rockwood Court housing is ithout condition with respect to the purchaser's resale or repairs of the property. The ayor asked the extent to which the City subsidized the Rockwood Court housing to which r. Todd replied that the City indirectly subsidized Rockwood Court in the aspect that no unicipal taxes were collected on the property"nor does it collect an administrative fee from the project equivalent to that collected from other housing projects and that these two aspects of indirect subsidization amount to approximately $25,000.00 to $30,000.00 a ear. Question being taken, the motion was carried. Her vlorship the Mayor read proclamations proclaiming the month of November 1986 o be Ileitis/Colitis Month and the week of October 31 to November 10, 1986 to be Poppy eek during which citizens are urged 'to wear the memorial poppy of the Royal Canadian egion; expressed appreciation to Mr. Keith Dow, r~.L.A., for his assistance in obtaining rovincial funds in the amount of $100,000.00 for the paving of Route 100 - Fairville oulevard/Golden Mile, which is in addition to the $530,000.00 granted by the Department f Transportation to the City for Provincially-designated highways; and commended Fundy ablevision Ltd. which at its Marathon United Way Cable-thon raised $8,000.00 for the nited Way Campaign. I . On motion of Councillor Vaughan Seconded by Councillor M. Vincent RESOLVED that, the communique from the Federation f Canadian Municipalities (copies of which were forwarded to Council members as an information tem) referring to the liability insurance crisis as a billion dollar sham, be added to he agenda for consideration at this meeting. Question being taken, the motion was carried. I Councillor Flewwelling asked that the following items (copies of which were orwarded to Council members as information items) be added to the agenda for consideration t this meeting: (1) a letter from the Chief of Police regarding motor vehicle accident tatistics at Simms Corner, (2) an order from the Railway Transport Committee regarding IA Rail Canada and (3) a letter from The Honourable Nancy Clark Teed regarding the purchase f a new ambulance; and Deputy Mayor 'Gould asked that the progress report on the City arket submitted by The Market Square Corporation (copies of which were forwarded to ouncil members as an information item) be added to the agenda. I On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above-mentioned items be added to he agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVEO that, the letter from Mayor Wayne advising at it has been brought to her attention that the Loyalist Burial Ground is in need of .... ~ 64 attention and recommending that this matter be referred to the City Manager to look at a plan for restoring the Loyalist Burial Ground beginning in 1987 -- be received and filed and the recommendation adopted. /. , Councillor ~nibb ref~rred to the interest of Hr. E. Farren, Executive Assistant to the Clty Manager, In re~torlng the Loyalist Burial Ground and suggested that such work shou~d be fund~d by the prlvate sector rather than by the City. The Mayor clarified that she lS requestlng a report from the City Manager on what action has to be taken with respect to tombstone repairs etc. and Deputy Hayor Gould noted that Federal funds were obtai~ed by the City for the :estoration of the Thorne Avenue Cemetery and suggested that the Clty Manager should look lnto the possibility of obtaining Federal funding for the Loyalist Burial Ground. Question being taken, the motion was carried. I On motion of Councillor F1ewwel1ing -' Seconded by Councillor Gould RESOLVED that the letter from Councillor Flewwelling asking that Council be informed by The Market Square Corporation why one restaurant in the Mar,ket Square comp1ex'owedover $300,000.00 in back rent without the Corporation or a representative knowing or informing Council and asking if the City, by its payments to Market Square, has been subsidizing, this restaurant be referred I to The Market SqtiareCorporation'for a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn , j -: ': ~ ~ Seconded by Councillor Flewwel1ing RESOLVED that as recommended City Manager, authority be granted for payment of the following invoice, Stephen paving (1982) Ltd. - supply of asphalt October 15-21, 1986 by the namely'- $73,436.68 . ,-':1 Mr. Robichaud, replying to a query of Councillor M. Vincent, advised that asphalting work will continue as long as weather permits which is usually around November 15 and that he will submit a report to Council at its next meeting regarding the total amount expended to date on asphalt compared to the amount expended in 1985. Mr: Robichaud responded to Councillor A. Vincent's questions regarding the weighing of asphalt, the Prince William Street project and trucks used by Standard paving. Question being taken, the motion was carried.- On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Standard Machinery & Equipment Ltd., at the prices indicated in the submitted bid summary, be accepted for supplying plough blades and cutting edges for a one-year period. ' I Question being taken; the motion was carried. Mr. Clark asked that the report regarding the tender for sand and gravel be withdrawn from the agenda. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report regarding sand and gravel be withdrawn from the agenda. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers , RESOLVED that the letter from the City Manager regarding the application of Manford M. Thompson Construction Company Limited for the re-zoning of property at 780 Sand Cove Road (L.R.I.S. Number 386755), located on the corner of Molson Avenue and Sand Cove Road, submitting a memorandum from the 'Commissioner of Community' Planning and Development advising that, in reviewing the application, it became apparent that the zoning of an adjacent lot at 810 Sand Cove Road and part of a second lot at 820 Sand Cove Road (L.R.I.S. Numbers 386276 and part of 392043, respectively) are both occupied by single-family homes, therefore, re-zoning to the adjacent single family zone is advisable,and concurring with the Commissioner's recommendation that Council set a date for public hearing, authorize advertisement and refer to the Planning Advisory committee for a report and recommendation the re-zoning of this area from "1-1" Light Industrial to "R-IB" Single-Family Residential classification -- be received and filed and the recommendation adopted, with the public hearing to be held on December 1, 1986. Question being taken, the motion was carried. I I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the communique from the Federation of Canadian Municipalities (FCM) regarding tpe liability insurance crisis which'FCM considers to be little mOre than a $1 billion sham generating windfall profits for canada's insurance industry and that the insurance industry . .... "... " 65 had succeeded in persuading the Canadian public that the judicial system was out of control, awarding outrageously high liability settlements at random while FCM research completely discredits the industry's claim and sees little more than modest increases in liability awards -- be received and filed. . I Discussion ensued during which time the Mayor concurred with Councillor MacDougall's suggestion that Council should support the FCM in this regard and Councillor M. vincent suggested that Council should discuss the matter of liability insurance with Mr. R. L. Scammell of New Brunswick, Acting Superintendent of Insurance, and Mr. G. Walsh of Halifax, Nova Scotia, the Atlantic Regional Manager of the Insurance Bureau of Canada; and Councillor A. Vincent referred to the possibility that the Province of New Brunswick will offer liability insurance to the municipalities. Question being taken, the motion was carried. On motion of Councillor Flewwelling I . The motion originally proposed was that the above letter be received and filed; however, the motion was changed with the,consent of the mover and seconder following Councillor Rogers comments regarding the fact that accident records on Lancaster Avenue were not kept by the Police Department prior to 1984, and re-iteration of her opinion that a traffic study of the Simms Corner area is warranted. Councillor A. Vincent suggested 'that staff should determine the future plans of Centracare Saint John Inc., which is located at Simms Corner, in view of the province's proposal to relocate the facility to the area of the Saint John Regional Hospital. ' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the order from Railway Transport Canada regarding VIA Rail Canada be received and filed. Question being taken, the motion was ,carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from The Honourable Nancy Clark Teed regarding the purchase of a new ambulance be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the progress report on the City Market submitted by The Market Square Corporation be received and filed. . Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. David Fisher have been completed and that the required waiting period for objections expired on October 22, 1986 with no written objections having been received. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Mr. David Fisher for a Municipal Plan amendment and re-zoning of property at 60 Spar Cove Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authOrized in this regard, with the public hearing to be held on December 1, 1986. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by~law entitled, "A Law To Amend The Municipal plan By-Law", by redesignating on Schedule 2-A, the Future Land Use plan of the Municipal Development plan, a 4.8 hectare (12.8 acre) vacant lot located at 166,Rothesay Avenue (L.R.I.S. Number 19331), previously occupied by the MCAvity manufacturing plant, from Light Industrial to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A Law To Amend The Municipal plan By-Law", was read in its entirety. Question being taken, the motion was carried. ll... ~ 66 On motion of Councillor Schermerhorn Seconded by Councillor Rogers , RESOLVED that the by-law entitled, "By- Law Number c.p. 100-87 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 4.8 hectare (12.8 acre) vacant lot located at 166 Rothesay _ Avenue (L'. R.I. S. Number 19331), previously occupied by the MCAvity manufacturing ,plant, from "1-2" Heavy Industrial' to "sc" Shopping Centre classification, be read a third time and enacted and the Coroorate Common Seal be affixed thereto:' " . AND FURTHER that pursuant to Section: 39 of the Community Planning Act the submitted proposal dated September 18, 1986 be accepted on condition that (a) power service be provided underground, (b) the applicant construct, at his cost, a 1.5 meter (5 foot) concrete'sidewalk the'full length of the site on Rothesay Avenue and (c) the applicant prepare a detailed site and landscaping plan for approval by the Deputy comri1issioner- 'of Planning. I The by-law entitled" ~'By-Law Number C.P.' 100-87 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Mr. Brown confirmed that the above motion deletes the Planning Advisory Committee's recommendation that the applicant pay for the installation of a traffic light and that the 50-foot setback area'between the store and Rothesay Avenue be landscaped. Deputy Mayor Gould re-iterated his query concerning the possiblity of protecting the City ,now from any future claim 'against the City by IpCF properties Inc.jAtlantic Wholesalers Ltd. when the City constructs the Thorne Avenue grade separation to which Mr. Clark replied that, although the City wishes to retain the right to build an overpass in the area concerned which will affect the Thorne Avenue access to the Atlantic Wholesa-lers superstore, staff is unable to identify any way in which the city could be provided with a safeguard in the' event of a possible future. action. ,Councillor A. Vincent questioned the condition that the applicant construct at its cost a sidewalk and requested a report on the policy in this regard. I . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.p.IOO-S8 A Law,To Arriend The zoning By-Law Of The City Of Saint John", insofar as it concerns adding a sub-clause' (iil to Section' 310 (2) (c) as follows: "(ii) Notwithstanding (i) above, a parking area, located at 328 to 346 union Street, may be used for the purpose of providing parking for uses which are not located and permitted' in the same zone.", and renumbering the existing, clause (c) of Section 310(2) to become sub-clause (i), be read a third time and enacted and the corporate Common Seal be affixed thereto. I , , The by-law entitled, "By-Law Number,C.P. 100-88 A Law To Amend The . ../ Zoning By-Law Of The City Of Saint John", was: J;:e.ad 1-n~t:s e.ntirety. .." Question being taken, the motion was ca~ried with Cou.~cillor Rogers voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-89 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the land located at 315 Dufferin Row (L.R.I.S. Number 394288), from "R-2'" One- and Two.,.Family Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law enti'tled, "By~Law Number C.P, 100-89 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. To the CO~~ON COUNCIL of the City of Saint John I Read report of the Committee of the Whole (as follows) The Committee of the Whole reports Your Committee begs leave to report that it sat on October 20, 1986, when there were present Mayor Ivayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- I l. amount of - That Council approve $50,000.00. a loan guarantee for Loyalist Days Inc. in the 2. That as recommended by the City Manager, the City contribute $100,000.00 to Festival By the Sea - Festival sur mer, Inc. for 1987, with $25,000.00 to be provided immediately out of the 1986 budget and the balance to be budgeted in 1987, with release of any portion of the balance to be subject to a satisfactory report from the Festival in February 1987. Respectfully submitted, Elsie E. wayne, c h air ma n. .' October 27, 1986, Saint JOhn, N. B. (sgd. ) ~ JI"'" j ,67 On motion of Councillor Knibb . Seconded by Councillor Gould: RESOLVED that section 1 of the above report be adopted. The Mayor explained that Loyalist Days iric. experienced a shortage of $50,000.00 with regard to the 1986 Festival and that it plans to hold events to raise funds to pay the $50,000.00. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. I. The Mayor advised that, during a visit to Ottawa the week of October 20, 1986, she and the City Manager showed the Festival By The Sea video presentation to Federal officials who have requested additional information on Festival. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the 1986 Annual Report of Loyalist Days Inc. be received and filed with appreciation. Question being taken, the motion was carried. . On motion of Councillor Gould Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling , RESOLVED that the letter from The Honourable Gerald S. Merrithew, Minister of State for Forestry, advising that, respecting Common Council resolution of September 22, 1986 with regard to the tariff on English books and pamphlets which come into Canada, he has requested from The Honourable Michael Wilson, Minister of Finance, an explanation of why this inequity exists and expressed his support of the Council's resolution that it be rectifled -- be received and filed with appreciation and that this matter be followed up in two months. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A. Saint John Harbour, regarding the submitted letter from Mr. Philip L. Ainsworth which refers to ,the deplorable condition of a small parcel of land adjacent to the Reversing Falls Bridge near the railway crossing on Douglas Avenue, suggesting tht the City have this area cleaned up immediately and ensure that it is maintained in a presentable manner -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from Thistle St. Andrew's Ladies Curling Association requesting financial assistance in the amount of $500.00 with regard to the 1987 Scott Tournament of Hearts Ladies' Provincial Championship which is being hosted by the Thistle St. Andrews Curling Club -- be referred to the Grants Advisory Board. Councillor Vaughan advised that the Scott Tournament will involve 30 to 50 teams in the City for the first weekend and 16 teams in the City during the second weekend. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling , RESOLVED that the letter to the Mayor from Messrs. J. Guthrie, C.V.P.W., J. Murray, V.P.C.E., and K. Murphy, L.C.V.C., representating the postal unions under the umbrella of the C.L.C., .... ~ 68 which are engaged in a public, campaign to promote the improvement and expansion of postal services to Saint John and all canadians; referring to Bill C-42 Section 5(2) which instructs Post Office management to place service before financial self-sufficiency and to the lack of door- to-door delivery, removal of street letter boxes, delays in mail due to insufficient staff as some of the problems suffered by the public because of the government and Canada Post; and urging the Mayor, and Council "to support the postal unions in the present:' campaign to improve service and create employment opportunities -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn 'Seconded by Councillor Rogers I RESOLVED that" the application of Manford M. Thompson Construction Company, Limited for the re-zoning of property located at the corner of Molson Avenue and Sand Cove Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on December 1, 1986. Question being taken, the motion was carried. On motion of Councillor Rogers I Seconded by Councillor Schermerhorn RESOLVED that the petitions from the Full Gospel Assembly and the ,Senior Men's Sunday School Class of the Saint John WesleyanChurc0, and the letters from Mr. John Aspen and Linda Green, expressing opposition to major retail businesses being open on Sundays -- be received and filed with appreciation. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that this meeting be adjourned and that Council meet in Legal Session~ Councillor A. Vincent asked the status of his request for a teach-in concerning the City's lease bf the City Hall building, as well as the status of the sUb-contracting of the Lancaster Street paving project to which the Mayor replied that the former matter wi'll be considered in three weeks and the latter matter in two weeks time. Y)drf!C1~/<~ I ..' ~ , Question being taken, the motion was carried. . I I . ...l ,.. 69 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of November, A.D. 1986, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. ,Vincent - and - the Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichau~, ,Assistant,City Manager - Operations; F. Rodgers, City ~ol~c1tor; D. Wlls~n, Commissioner of Finance; J. Brown, Comm1ss1oner of Commun1ty Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and property Management; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of POlice; R. MCDevitt, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, purchasing Agent; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend Ted Britten, Baptist Chaplain, Saint John Regional Hospital, offered opening prayer. On motion of Councillor Schermerhorn II I . Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on October 27, 1986, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the City of Saint John insurance adjusters from the Atlantic Region who are attending a fire investigation school conducted by the Provincial Fire Marshal's Office and the New Brunswick Association of Fire and Arson Investigators, and commended the Bank of Montreal for its fund-raising efforts on behalf of the Sir Izaac Walton Killam Hospital in Halifax, Nova Scotia. ' I Councillor Rogers noted that the New Brunswick Directors of Volunteer Services and Health Care were in Saint John on this date attending a workshop on stress, and Councillor Davis commended the amateur radio operators for their assistance in keeping order on Hallowe'en Night. Councillor M. Vincent commented on his attendance on October 30 at the first home game of the Saint John Vitos Hockey Club at which the Saint John Fire Department Choir, in uniform and led by the Fire Chief, sang the National Anthem, and the ~iayor noted that the the Saint John Fire Department has organized a Pipe and Drum Band. The Mayor suggested that a letter of congratulations should be forwarded to the Fire Department for its initiative in organizing the said choir and band. Councillor Knibb, in noting the presence in the Council Chamber of representatives of The Royal Game Ltd., asked that two items regarding the World Chess Festival, which ere considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that two items regarding the World hess Festival be added to the agenda ,for consideration at this meeting. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with egard to (a) amending the Saint John East Development Scheme, Phase One, Stage One, by emoving from the Scheme, Block,18 (L.R.LS. Number 456582), containing approximately 9.5 cres and located on the southwest corner of Eagle Boulevard and Heather Way and also ronting on a portion of Boyaner Crescent and (b)re-zoning the said Block 18 from "RS-2" ne- and TWO-Family Suburban Residential to "R-IB" One-'Family Residential classification, o permit the development of the area for 34 one-family lots, as requested by New Brunswick ousing Corporation, and that no written objections were received in this regard. No ersons were present with respect to the proposed amendments. I Consideration was given to a letter from the Planning Advisory Committee recommending hat Common Council (a) amend the Saint John East Development Scheme, Phase One, Stage ne, as enacted June 26, 1974, by removing from the Scheme Block 18 containing approximately .5 acres and located on the southwest corner of Eagle Boulevard and Heather Way and also ronting on a portion of Boyaner Crescent and (b) re-zone the said Block 18 from "RS-2" ne- and TWO-Family Suburban Residential to "R-IB" One-Family Residential classification; c) assent to the sUbdivision of land shown on the submitted Plan entitled "TentatiVe Ian" Eastwood Park, dated June 12, 1986,_ in a manner illustr~ted thereon, and also assent o one or more subdivision plans corresponding to one or more phases of subdivision of the rea shown on the said Tentative Subdivision Plan and (d) authorize the preparation and xecution of City/Developer sUbdivision agreements to ensure the provision of the required ervices. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law To end The Development Scheme By-Law", by removing from the Saint John East Development ..... ~I ~ ,70 Scheme, Phase One, Stage One, Block 18 (L.R.I.S. Number 456582), containing approximately 9.5 acres and located on the southwest corner of Eagle Boulevard and Heather Way and also fronting on a portion of Boyaner Crescent, be read a first time. 4It Read a first time the by-law entitled, "A By-Law To Amend The Development Scheme By-Law". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To I Amend The Development Scheme By-Law", by removing from the Saint John East Development Scheme, Phase One, Stage One, Block 18 (L.R.I.S. Number 456582), containing approximately _- 9.5 acres and located on the southwest corner of Eagle Boulevard and Heather Way and also fronting on a portion of Boyaner Crescent, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend The Development Scheme By-Law". On motion of Councillor Schermerhorn I Question being taken, the motion was carried. Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning Block 18 (L.R.I.S. Number 456582), containing approximately 9.5 acres and located on the southwest corner of Eagle Boulevard and Heather Way and also fronting on a portion of Boyaner Crescent, from "RS-2" One- and Two-Family Suburban Residential to "R-lB" One-Family Residential classification, be read a first time: 4It AND FURTHER that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision of land shown on the submitted plan entitled "Tentative plan" Eastwood Park,'dated June 12, 1986, in a manner illustrated thereon, and also assent to one or more subdivision plans corresponding to one or more phases of subdivision of the area shown on the said Tentative Subdivision Plan, and further that Council authorize the preparation and execution of City/Developer subdivision agreements to ensure the provision of the, required services. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning Block 18 (L.R.I.S. Number 456582), containing approximately 9.5 acres and' located on the southwest corner of Eagle Boulevard and Heather Way and also fronting on a portion of Boyaner Crescent, from "RS-2" One- and TWO-Family Suburban Residential to "R-IB" One-Family Residential classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of-Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above matter be received and filed. Question being taken, the motion was carried. The Common Clerk, advised that the necessary advertising was completed with regard to (a) amending SChedule ~Aof the Municipal Development plan by redesignating from Stage 3 to Un staged classification a vacant parcel of land at 3135 Loch Lomond Road (L.R.I.S. Number 23796), containing approximately 20 acres of land and a frontage of 576 feet on Loch Lomond Road and extending to Hillcrest Road and (b) re-zoning the same parcel from "RS-l" One- and TWO-Family Suburban Residential to "RR" Rural Residential classification, to permit development of a street with approximately 13 lots with on-site wells and septic tanks,as requested by Maritime Sod Ltd., and that no written objections were received in this regard. NO persons were present with respect to the proposed amendments. I consideration was given to a letter' from the Planning Advisory Committee recommending that the Municipa,lDevelOpment plan a,nd tl1e City Of $a,int Jol1n Zoning By-Law be amended by (a) redes'igna,ting on schedule 9-A of the Municipal Development plan from Stage 3 to Unstaged classification, a parcel of land containing approximately 8 hectares (19.,5 acres) at 3135 Loch Lomond Road (L.R.I.S. Number 23796), and having a frontage on Loch Lomond Road of 177.3 meters (580.9 feet) and (b) re-zoning the same parcel of land from "RS-l" One- and TWO-Family Suburban Residential to "RR" Rural Residential classification. I On motion of Councillor schermerhorn . seconded by Councillor Rogers , RESOLVED that the by-law entitled, "A Law To end The Municipal Plan By-Law", by' redesignating on scl1edule 9-A Of the Municipal j JII"" 71 ' Development plan a parcel of land.at 3135 Loch Lomond Road (L.R.I.S. Number 23796), containing approximately 8 hectares (19.5 acres) and having a frontage on Loch Lomond Road of 177.3 meters (580.9 feet), from Stage 3 to unstaged classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal plan ." By-Law" . Question being taken, ,the motion was carried. On motion of Councillor Rogers I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal ,Plan By-Law", by redesignating on Schedule 9-A of the Municipal Development Plan, a parcel of land at 3135 Loch Lomond Road (L.R.LS. Number 23796), containing approximately 8 hectares (19.5 acres) and having a frontage on Loch Lomond Road of 177.3 meters (580.9 feet), from Stage 3 to Unstaged classification, be read a second time. I. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law" . Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land at 3135 Loch LomondRoad (L.R.I.S. Number 23796), containing approximately 8 hectares (19.5 acres) and having a frontage on Loch Lomond Road of 177.3 meters (580.9 feet), from "RS-l" One- and Two-Family Suburban Residential to "RR" Rural Residential classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Rogers 1 Seconded by Councillor Vaughan , RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land at 3135 Loch Lomond Road (L.R.I.S. Number ,23796), containing approximately 8 hectares (19.5 acres) and having a frontage on Loch Lomond Road of 177.3 meters (580.9 feet), from "RS-l" One- and TWO-Family Suburban, Residential to "RR" Rural Residential Classification, be read a ,second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. . Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to re-zoning a parcel of land at 55 Oakland Street (L.R.I.S. Number 415414), containing 11,335 square feet with a frontage of 98 feet on the western side of Oakland Street, from "R-2" One- and TWO-Family Residential to "R-4" Four-Family Residential classification, to permit conversion of the existing building from two 4-bedroom apartments to two 2-bedroom and two bachelor apartments, as requested by Mr. Paul Laurence Carlson, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. I Consideration was given to a letter from the Planning Advisory Committee recommending that Council re~zone the property at 55 Oakland Street from "R-2" One- and TWO-Family Residential to "R-4" Four-Family Residential classification 'and that the re-zoning be pursuant to Section 39 of the Community Planning Act whereby the applicant (a) carry out this development in accordance with the "Recommended Site Plan", and (b) all work necessary to complete the Development in accordance with the Recommended Site Plan be completed before June 30, 1987. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning the property at 55 Oakland Street (L.R.LS. Number 415414), from One- and TWO-Family Residential to "R- 4',' FO';lr-Family Residential classification, pursuant to Section 39 of the Community Plannlng Act as recommended by the Planning Advisory Committee, be read a first time. . Read a first timethe_by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. -f""~_ ---- ... 72 On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning the property at 55 Oakland Street (L.R.I.S. Number 415414), from One- and Two-Family Residential to "R- 4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by'the Planning Advisory 'Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor' Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb _\;_ :1 Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. ~ supply of asphalt October 22-28, 1986 $80,105.33 councillor'M. Vincent asked the status of the report he requested with regard to the amount of asphalt used in 1986 compared to that in 1985 to which Mr. Robichaud replied that such report will be submitted at the next Council meeting. Question being taken, the motion was carried.. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED,. that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Water Street Reconstruction Que Mar Construction (Maritimes) Ltd. Construction of road and services Original estimated value of contract Total work done, Estimate Number 9 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 9, dated October 14, 1986 Final holdback release $ 8,976.20 $456,000.00 487,283.25 Nil 478,307.05 2. Concrete Work 1986 - Phase I Que-Mar Construction (Maritimes) Ltd. Concrete curb and sidewalk reconstruction Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, ,dated Ocober 29, 1986 Partial holdback release $157,501. 60 167,173.53 2,886.11 142,097.50 $ 22,189.92 3. Contract 86-8-Rothesay Avenue Watermain Dean Construction Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated October 29, 1986 Final holdback release $ 48,990.25 $110,275.00 129,944.25 Nil 80,954.00 Mr. Robichaud, replying to Council queries, explained that proper records do not exist for the Rothesay Avenue area which led to extra costs on (3) above due to time lost attempting to locate services which were supposed to be in certain areas and locating services which were not shown on the available drawings; expressed the opinion that, in many cases, the funding for an extensive engineering study of the possible number of manholes and catch basins which need to be replaced, is not . justified, and advised that, with regard to the extra cost to have the contractor remove a tree stump during the concrete curb and sidewalk reconstruction, it was less expensive to do so than to mobilize City equipment to perform this function. (Councillor M. Vincent withdrew from the meeting during the foregoing discussion.)' . ' Question being taken, the motion was carried. ""'lIIIl /. I I . I . I I . - ~ II"" 73 . Mr. Louis E. Murphy, M.L.A. Saint John Harbour, addressed Council and, referring to Common Council resolution of January 6, 1986 which referred to the 1986 Capital budget committee a proposed expenditure of $25,000.00 to install t:a~fic signals at the intersection of Dever and Greenhead Roads, expressed the oplnlon that, although this is acceptable, the e~penditure seems unnecessary. Mr. M~rphy re~uested that a flashing light be installed at the crosswalk on Church Avenue dlrectly In front of the Lancaster Baptist Church, that Dever Road be made a stop street by placing a warning sign near the Lancaster Centennial Rink and a stop sign at the top of the knoll near the intersection of Greenhead and Dever Roads and that City staff be trained to have a more positive attitude in encouraging individuals to suggest changes for the betterment of an area and to be less inclined to flatly refuse such suggestions. Councillor Schermerhorn asked if Mr. Murphy is proposing that a stop sign be placed on Dever Road, leaving in place the existing stop sign on Greenhead Road, to which Mr. Murphy replied that the stop sign on Greenhead Road should be removed and placed ,on Dever Road. wi th regard to the matter of street names' and numbers on mobile homes in the Kierstead Trailer Park area which was discussed by Council on July 21 and August 5, 1986, Mr. Murphy asked to be given a definite date when action will be taken in this regard in view of the time lapse and the necessity of having the streets named and numbers assigned in an attempt to avoid a situation whereby an emergency vehicle is unable to locate a particular residence., I I . The Mayor noted that the streets in the Kierstead Trailer Park are not City streets and are owned and maintained by the operators of the Trailer Park; and that the City's Mobile Home Parks By-Law does not require the operators to name the streets and erect signs and that discuss,ion with the owners led to the City agreeing to co- operate with them in order to ensure that proposed names did not lead to potential confusion with existing streets with the owners to submit the proposed names and that the City agreed to allow the owners to obtain their signs at cost through the City's sign shop. The Mayor concluded that the City cannot force the owners to take such action as the By-Law does not provide for such action. Mr. Brown advised that his Department has received from the Kierstead Trailer Park a list of tentative names and that, earlier this date, cost figures for signs were received from the Engineeering and Works Department and that this matter is under active consideration. Councillor Vaughan suggested that the Mobile Home Parks By-Law should be reviewed with a view to adding the requirement that streets be named. The Mayor thanked Mr. Murphy and advised that Council would render a decision on his presentation later in the meeting. On motion, of Councillor Schermerhorn I Seconded by Councillor Rogers , RESOLVED that as recommended by the City Manager and pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as a By-Law Enforcement Officer with the responsibili ty to enforce 'provisions of the parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely:- John William Dickison: ' AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn , RESOLVED,that'as recommended by the City anager, the tender for the supply of sand, gravel, aggregates, loam and cover material or the periOd ending October 31, 1987, be awarded in accordance with the recommendation ontained in the submitted bid summary. I " Councillor Knibb questioned why the tendered amounts, with the exception of hlttlCks (1962) Ltd., seem to have increased by approximately 10% over the 1985 mounts particularly in view of decreased gasoline costs to which Mr. Hanlon replied h<;,-t, a~though Chittick's prices have not increased this year, in 1985 this company's rlces lncre~sed from 3~% to 42%; that Steele Trucking Ltd. has supplied the items oncerned for tl,e past two' years at the same price, and that Brookville Manufacturing ,ompan~, ,whiCh is the only supplier of the limestone products, advised of an error in ts orlglnal tender and reduced its prices from the original tender submission. Mr. anIon, replying to a query of Councillor Rogers, advised that Brookville Manufacturing ompany increased its prices in 1985. Question being taken, the motion was carried~ I , ' (Councillor Schermerhorn withdrew from the meeting due to a possible conflict f lnterest.)' , On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that as recommended by the City anager, the tender of Chandler Sales Ltd., in the amount of $50,885.89 plus tax, be ccepted for the supply and installation of systems furniture in the Cashier's area nd on the 11th floor of the City Hall building. ' Councillor Davis asked if Seaman Cross N.B. Ltd., one of the tenderers, eceived payment from the City as consultants on the above tender to which Mr. Clark ... -., ~ 74 replied in the affirmative and advised that, for this reason this company was not considered for the tender award. Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) . On motion, of Councillor Rogers Seconded by Councillor Vaughan , ' RESOLVED that- the letter from the C1ty Manager regarding the correspondence from Mr. Louis E. Murphy, M.L.A. and Mr. Phillip Ainsworth concerning landscaping at the eastern end of Reversing Falls Bridge, which was considered I by council on October 27, 1986, submitting memorandums from the Deputy Commissioner of Housing & Renewal Services and ,Property Management and the Director of Recreation __ and Parks indicating that the City has taken a~tion both to acquire a portion of the site and to landscape the whole site and advising that staff will continue to attempt to maintain a reasonable standard of landscaping in this area consistent with the frequent construction activities o~ the site -- be received and filed. Question being taken, the motion was carried. On motion of Councillor- Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the City Solicitor regarding the request of the Canadian Association for the Mentally Retarded Saint John Branch Inc. for permission to make a presentation to Common Council concerning a policy statement on non~discrimination, which was considered by council on October 6, 1986, suggesting that Council may wish to hear a presentation from the Association before dealing with the suggested statement of policy which was outlined in the Association's previous letter to Council on March 24, 1986 -- be referred to the City Mnager for analysis and a'report to Council. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the letter from the City Solicitor regarding the Preservation Review Board and the Preservation Area By-Law be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that as_recommended by the Planning Advisory Committee, Common Council ass~nt to the Beverly Whelly Subdivision Plan dated September 23, 1986, with respect,to the 37 square meter widening of Manners Sutton Road and the 6 meter wide storm sewer easement. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the saint John Board of Police Commissioners regarding the Curfew By-Law, which was the subject of a letter from Councillor Davis to Council on September 2, 1986, advising that Section 4 . of the Curfew By-Law has been used repeatedly over the years in the protection of young children and this section will continue to be used to provide the authority for a police officer to take such a child home and concurring with Councillor Davis' recommendation that the penalties be placed in line with those set out in the Municipalities Act with respect to fees -- be received and filed and the penalties in the Curfew By- ' Law be placed in line with those set out in ,the Municipalities Act with respectcto fees. J Councillor Knibb expressed concern in ,that persons who can ill-afford to pay such penalities will ,be punished and suggested that, as the police Commission has assured Council that no penalties have been levied, the By-Law should be left as is. I Question being taken, the motion was carried with Councillor Knibb voting I'nayl'. Read a letter from the Saint John Central Business Development Corporation submitting a copy of the budget meeting for 1987 together with the tax base assessment estimate for 1987 as supplied by the Department of Municipal Affairs, as well as a copy of the 1987 Strategic plan and Budget, and advising that no objections have been I forthcoming at this time to the copies of the budget sent to the major accounts. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that authority be granted for the necessary advertising with respect to the submitted 1987 budget of the saint John Central Business Development Corporation. Question being taken, the motion was carried. .' ~ ,..- .',.~. . 75 On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that permission be granted to the Knights of Columbus, Council 937, to place a Nativity Scene in King Square during the 1986 Christmas Season, and that Common Council express its appreciation to the Knights of Columbus. Question being taken, the motion was carried. On motion of Councillor Rogers I I Seconded by Councillor Gould RESOLVED that the letter from Cyril and Margaret Parfi tt expressing opposition to the retail establishments beirB' open on Sunday be received and filed. Question being taken, the motion was carried. On motion of Councillor Vaughan I Seconded by Councillor Gould RESOLVED that the notices from the Liquor Licensing Board advising that the applications of Sir Edward's Smorgasbord Inc. and Rex piazza Restaurant' (1982) Ltd. for special premises (recreational) licenses with respect to premises at 525 Rothesay Avenue and 186 Union Street, respectively, will be heard on November 7, 1986 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of Moose Mountain Farms Ltd. for the re-zoning of 1120 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on December 15, 1986. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement between The Royal Game Ltd. and the City of Saint John with respect to the 1987 Ivorld Candidates Chess Tournament. The Mayor noted that Council expects to know in January 1987 whether or not the World Chess Festival will occur and that the above action is necessary to determine same. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Agreement with Colt Sports Network and Associates with regard to the 1987 World Chess Festival. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the presentation by Mr. Louis ]';.' Murphy, M.L.A. Saint John Harbour, regarding the installation of stop signs in the area of Dever Road and Greenhead Road, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that with regard to the presentation by Mr. Louis E. Murphy, M.L.A. Saint John Harbour, requesting that street names and numbers be uesignated in the Kierstead Trailer Park, the Mobile Home Parks By-Law be reviewed with a view to updating same with respect to street names and signs with a s,taff report to be submitted in the interim with respect to the matter of street signs in the Kierstead Trailer Park. Question being taken, the motion was carried. On motion of Councillor Rogers . Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yh/lhif II? 1[)"~/4JAd~ mmon Clerk I"'"- ' 76 At a meeting of the Common Council, held at the city Hall in the City of saint John, on Monday, the tenth day of Hovember, A.D. 1986, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, commissioner of Finance; J. Brown, 'corrunissioner of Community Planning and Development; W. D. Todd, Deputy corrunissioner of Housing & Renewal Services and Property Mangement; R. G. Riley, Chief of Police; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; J. Levesque, Public Relations Manager; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Corrunon Clerk. Reverend Christopher Pratt of Trinity Anglican Church offered the opening prayer. On motion of Councillor Schermerhorn Question being taken, the motion was carried. z Her Worship the Mayor noted that a Remembrance Day Service will be held at the Cenotaph in King square beginning at 11:00 o'clock a.m. on November 11; commented on an article concerning Mr. R. Hargrove, Saint John Snooker Referee, at the Canadian Master Snooker Tournament; commented on the opening of four new businesses in Saint John during the week of November 3, one being a Research and productivity Council Office at 50 Crown Street; and proclaimed November 16-22, 1986 to be Alcohol and Drug Abuse Awareness Week in the City of Saint John. Councillor Schermerhorn corrunented on a segment of The Journal broadcast on CBC-Television concerning Mr. Dan Ross, a local writer; and commended the organizers of the City-sponsored Meet ,the Buyers Seminar held in Saint John recently. Councillor Flewwelling asked that the City Manager's letter (copies of which were forwarded to Council members as an information item) submitting a copv of the October 1986 issue of The Hemson Report be added to the agenda for consideration at this meeting. On motion of Councillor Flewwelling Seconded by Councillor Vaughan , RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillor A. Vincent entered the meeting.) Councillor Flewwelling expressed concern over the lack of respect for Canada's war dead displayed by those responsible for pouring oil over the war memorial on the City's West side. Councillor M. Vincent commented on the efforts of the delegation, of which he was a member, to Mississauga, Ontario on November 7 in its attempt to acquire the 1988 Senior Men's Softball Championship for Saint John. Deputy Mayor Gould suggested that the Mayor forward a letter of congratulations to Mr. Bruce Holder, Senior, who was the recipient of the First Annual Bi-Capitol performing Arts Award at a special dinner held at the Trade and Convention Centre on November 9 and noted that Mr. Arnold Edinborough, a contributing editor of The Financial Post and a consultant with many of Canada's leading performing arts centres, was the guest speaker at the dinner. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City granted for payment of the following invoice, namely:- Ltd. - supply of asphalt October 29-November 4, 1986 $84,072.68 Manager, authority be Stephen paving (1982) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- ~ . I I . I . I I . /~ r'" (' '- , - 77 1. Chipsealing - 1986 Atlantic Colas Ltd. Chipsealing various streets Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 3, 1986 Final holdback release $116,825.00 127,429.25 Nil 93,886.54 . $ 33,542.71 I 2. Relighting - City Works Garage Donovan Associates Inc. Supply and installation of new light fixtures Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated November 4, 1986 Final holdback release $ 17,314.00 15,314.00 Nil 13,016.90 $ 2,297.10 I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the contract for the collection of revenue from parking meters for the years 1987 and 1988 be awarded to David A. Campbell at the tendered prices as follows,- price per meter collected - 1st year - $.25; 2nd year - $.30. . Question being taken, the motion was carried. I · Read a report from the City Manager advising that, as a result of Council queries on October 20, 1986 concerning the Lancaster Stree~ sid~walksubcont:actin~, staff met with Mr. Claude Germain of Que-Mar/Manatec at Wh1Ch tlme Mr. Germaln advlsed that the original part of the project was completed on approximately September 8, 1986 insofar as Que~Mar was concerned and that the changing of the asphalt sidewalk to concrete was not an extra to the jOb but rather a new jOb on which he bid as anatec and not as Que-Mar; however, staff considered that quotes were being requested from two companies, namely, Que-Mar and Nautilus, although it is recognized that Manatec and Que-Mar are the same companies and, had Nautilus been the low quote, staff intended to add this Lancaster Street job to its contract entitled Concrete Work No. 2 and had Que-Mar had the low quote it would have been added as an extra to the existing contract; also advising that, because this job had carried over for some time and there was a number of representations from the citizens, staff was in somewhat of a hurry to complete the job and there may well have been some confusion in both the semantics and language as to whether or not Que-Mar or Manatec was quoting on the job and that notwithstanding this confusion, staff did report to Council that Que-Mar was low on the quote. With regard to the question of whether or not a company by the name of Basque Constuction was sub':'contracting to Nanatec for any of' the mason work, the letter advises that Mr. Germain informed staff that the work performed on the site was performed by employees of Manatec and the masons who were working on the site had previously worked for Basque Construction"but for the three days they were orking on the Lancaster job, they were on Manatec's payroll, and suggests that staff hould have taken more time to confirm the involvement of Que-Mar and/or Manatec hile at the same time confirm any other possible sub-contractors that may have been sed. I I Councillor Rnibb proposed a motion, which was seconded by Councillor acDougall, that the above report be received and filed, and discussion ensued uring which time CouncillorA. Vincent expressed dissatisfaction with the report and requested a complete factual report on this matter and the Mayor concurred that staff should submit a further report so that Council can find out exactly what occurred during the Lancaster Street sidewalk project. Councillor Schermerhorn requested that staff review the matter of sub-contracting in the report and, upon the Mayor's suggestion that the motion is to receive and file the above report with a further report to be submitted, Councillor Rnibb expressed objection to the request for a further report n the basis that, although the matter of SUb-contracting on tenders awarded by the ity could be addressed in a report"the important issue with respect to the Lancaster treet project is that there was no dishonesty and, following discussion respecting he City's policy with regard to sub-contracting and the Mayor's observation that, ase~ on the above report, certainly staff did not follow the policy and that Councillor . Vlncent's concerns should be addressed, Councillor Rnibb withdrew as mover of the roposed motion. I On motion of Councillor MaCDougall Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Lancaster Street sidewalk be received and filed with on the matter of sub-contracting projects tendered anager, the above report on the further ,report to be submitted y the City. . , ,During,discussi?n the status of an anticipated report from the committee ppolnted to reV1ew theC1ty's tendering procedures was questioned and Councillor aughan expressed the understanding that a representative of the City Manager's fflce met with the committee and was to report to Council on the committee's findings. Question being taken, the motion was carried. ... """IIIl 78 On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the letter from the City Manager submitting a report from the City Manager - Operations in response to councillor M. Vincent's query of November 3 concerning the asphalt program, advising that in 1985 a total of 24,113 tons of asphalt was placed under the maintenance and capital programs for an approximate cost of $1,036,000.00 and that to November 4, 1986 a total of 30,084 tons of asphalt was placed for an approximate cost of $1,216,000.00 be received and filed. . Question being taken, the motion was carried. I On motion of Councillor Flewwelling Seconded by'Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a copy of the October 1986 issue of The Hemson Report, which is published by the Hemsom Group of Toronto, ontario, which provides a wide range of services to the real estate community, including consulting, brokerage and management services, noting that the figures and commentary in the report regarding Saint John are very favourable -- be received and filed. ' The Mayor noted that Saint John was among the top 10 of 27 Canadian Centres ranked for their economic performance, based on 'employment and income growth and value of industrial and commercial building' activity, for the period Hay 1985-1986. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by~law entitled, "A By-Law To . Amend The Development Scheme By-Law", by removing from the Saint John East Development Scheme, Phase One, Stage One, Block 18 (L.R.I.S. Number 456582), containing approximately 9.5 acres and located on the southwest corner of Eagle Boulevard and Heather Way and also fronting on a portion of Boyaner Crescent, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A .By-Law To Amend The Development Scheme By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-90 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning Block 18 (L.R.I.S. Number 456582), containing approximately 9.5 acres and located on the southwest corner of Eagle Boulevard and Heather Way and also fronting on a portion of Boyaner Crescent, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled" "By-Law Number C.P. 100-90 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. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law enti tIed, "A Law To Amend The Municipa'l plan By-Law", by redesignating on Schedule 9-A of the Municipal Development Plan a parcel of land at 3135 Loch Lomond Road (L.R.I.S. Number 23796), containing approximately 8 hectares (19.5 acres) and having a frontage on Loch Lomond Road of 177.3 meters (580.9 feet), from Stage 3 to Unstaged classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A Law To Amend The Municipal plan By-Law", was read in its entirety. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb , RESOLVED that the by-law entitled, "By-Law Number C.P. 100-91 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 3135 Loch Lomond Road (L.R.I.S. I Number 23796), containing approximately 8 hectares (19.5 acres) and having a frontage , on Loch Lomond Road of 177.3 meters (580.~9 feet), from "RS-l" One- and TwO-Family Suburban Residential 'to "RR" Rural Residential 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. 100-91 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read i,n its entirety. Question being taken, the motion was carried. . ..... ,.. 79 On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By- Law Number C.P. 100-92 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concernsre-zoning a parcel of land at 55 Oakland Street (L.R.I.S. number 415414), containing 11,335 square feet with a frontage of 98 feet on the western side of Oakland Street, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the' condition that the applicant (a) carry out this development in accordance with the "Reconunended Site Plan", and (b) all work necessary to complete the Development in accordance with the Recommended Site plan be completed before June 30, 1987. I I The by~law entitled, "By-Law Number C.P. 100-92 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. I Read report of the Committee of the Whole (as follows) To the Common Council of the City of Saint John The Committee of the Whole, reports . Your Committee begs leave to report that it sat on October 27, 1986, when there were present Mayor Wayne and Councillors Davis, Knibb, MaCDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, the following appointments be approved,'namely:- (1) That Deputy Mayor Gould be ,appointed to the Resolutions Committee of the Cities of New Brunswick Association. (2) That Mr. Charles MCTague be appointed to the Preservation Review Board for a term to expire June 30, 1988, replacing Mr. Tim Isaac who has resigned from the Board: I AND FURTHER that Mr. Tim Isaac be thanked for his service to the City as a member of the Preservation Review Board. (3) That as recommended by the Saint John Mechanical Contractors Employer's Association, Mr. Gerald L. Vickers be appointed to the Master Plumbers Examining Board: AND FURTHER that Mr. C. P. Grannan be thanked for his service to the City as a member of the Master Plumbers Examining Board, representing the said Association. (4) That Councillor Vaughan be appointed as Council's representative on the Saint John Winter Carnival Committee of Hospitality Saint John Inc. . That as recommended by the .City Manager, the City acquire from Mrs. Bessie ong the property at 144 St. James Street West (L.R.I.S. Number 365965), which contains 9-inch sewer line running southward from St. James Street Ivest through Lot 730 rooks Ward, at a price of $2,000.00. That as recommended by the City Manager, authority be granted for execution f an agreement with Mach Ten Investments Limited to amend the agreement between Caton Developments Ltd. and the City concerning the Ritchie building at 50 Princess Street that will cover the following points:~ (1) that Clause l(b) (i) be amended to ead that the Canterbury and Princess Street levels of the building be rehabilitated to a leasable condition by September 1, 1987, (2) that Clause l(b) (ii) which indicates that the remainder will be rehabilitated,by September 1, 1987 be deleted, (3) that lause l(c) be removed and replaced with one stating that the exterior of the building ill be stuccoed, the first floor windows will be replaced and a new roof will be 'nstalled prior to September 1, 1987, (4) that clause 2 dealing with the repurchase ption be removed, and (5) that clause 3 be amended by changing the date for payment f the $4,000.00 per annum to October 1, 1987 and by removing any reference to any ther payment. - I I That as recommended by the City Manager, the City acquire an easement for storm sewer on the property of Mr. Jeff Lisson, 14 P~rk Hill Drive, for a price of 1,612.00 with the easement to have an area of 125.6 m and be as shown on the plan repared by Fulton Surveys Ltd. dated July 29, 1986 and that the City be responsible or all survey and legal costs involved. . That as recommended by the City Manager, the land at 301-307 Princess treet (L.R.I.S. Numbers 11767 and 11775) be sold to Mr. Horace Martin for a price of 8,000.00 with "the sa~e to be c<;>ndi tional on him receiving the necessary variance rom ~he Plann1n~ Advlsor~ Comm1ttee to allow construction of a 6-unit building and he ~lty ~o 7eta7n an opt1on to reacquire the property for the purchase price if the -un1t bUlldlng 1S not completed within one year of the transfer of title. ... ~ 80 6. That as recommended by the City Manager, the land at the end of Tisdale Lane (L.R.I.S. Numbers 415760, 55030878, 55030886, 55030894, 55030902 and 55030910) be sold to Mr. Wayne Doucette under the following terms and conditions: (1) the . purchas,e price to be $3,000.00, (2) the property will be developed within the existing zoning classification, (3) a subdivision plan will be prepared at the purchaser's expense showing the lot on which he intends to build and a cuI de sac designated as public and, if such plan is not completed within 30 days of the transfer of title, the property may be reacquired for, the purchase price, (4) the water and sewer lines along Tisdale Lane must be extended to City standards, (5) the road extension and cuI de sac must be built at t~e purchaser's expense to the same standard as the existing X Tisdale Lane, (6) a deve16ment plan must be approved prior to the transfer of title ~ which will take place within 30 days of the Common Council meeting at which the sale is approved, and (7) the deposit of 5% or $150.00 will be used as a partial payment I when the transfer is completed. ~ 7. That as recommended by the City Manager, Council approve the lease of approximately 1,160 square feet of commercial space at, the Rotary Admiral Beatty Complex to Curry & Betts, Chartered Accountants, for a five-year period based on the following rental schedule: Base Rent Year -y- 2 3 4 5 Monthly $676.67 725.00 77 3 . 33 821. 67. $870.00 Yearly $ 8,120.00 8,700.00 9,280.00 9,860.00 $10,440.00 1'.,- . , Additional Rent - $3.67 per square foot in year 1, subject to maximum 10% per annum increase thereafter; and that the lease document be in the form and substance acceptable to the Legal Department. . 8. That the saint John Fire Fighters Pipe and Drum Band be granted $5,000.00 toward the cost of purchase of uniforms. November 10, 1986, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Hayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED, that section 1 of the above I report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould adopted. RESOLVED that section 20f the above report be Question being taken, the motion was carried. On motion of Councillor Gould ~eport be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above . kroting Question being taken, the motion was carried with Councillor Vaughan "nay". On motion of Councillor M. Vincent ~eport be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~dopted. Seconded by Councillor Knibb RESOLVED that section 5 of the above report be I Question being taken, the motion was carried. On motion of Councillor Knibb be adopted. Seconded by Councillor Vaughan RESOLVED that section 6 of the above report Question being taken, the motion was carried. . ..4 ,.. 81 On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 7 of the above report be . Question being taken, the motion was carried. On motion of Councillor Knibb I report be adopted. Seconded by Councillor Flewwelling RESOLVED that section 8 of the above Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Gould RESOLVED that the letter from the Saint John Golden K (Kiwanis) asking that, if possible, no encroachment be made on the Saints Rest Marsh while improving the lagoon be received and referred to the City Manager for consideration during deliberation of the Lancaster sewage lagoon project. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from the residents of the western portion of Manners Sutton Road asking Council's assistance in acquiring municipal services to their portion of Manners Sutton Road as it is timely for connection to the municipal sewage system and as well to have a fire hydrant installed in case of fire at the western end of the street -- be referred to the City Manager for consideration in the 1987 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the letter from Mrs. Peter (Judy) pickett expressing opposition, to retail businesses being open on Sunday be received and filed with appreciation. 'I Deputy Mayor Gould suggested that the letters to the Mayor (copies of which were forwarded to Council members as an information item) regarding Sunday shopring should be considered at this meeting. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the above-mentioned letters to the Mayor be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of ' Councillor Gould . Seconded by Councillor Flewwelling RESOLVED that the letters to the Mayor xpressing opposition to retail establishments being open on Sunday be received and iled with appreciation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the application of KSM Enterprises td. for the re-zoning of 155 Mystery Lake Drive be referred to the Planning Advisory ommittee for a report and recommendation and that the necessary advertising be uthorized in this regard, with the public hearing to be held on December 15, 1986. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Y;;;4ffJi l;J{.vrrh . ... ~ 82 ,At a meeting of the Common Council,: he I'd: at. the City Halll"n "the City of Saint John; on (Monday, 'the: seiien"teenth day 'of Noveniber, A.D.' 1986," at 7: 00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration;C. Robichaud, Assistant City Manager -Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; P. Groody, Commissioner of Human Res'ources';R.'G. Riley, Chief of Police; R. McDevitt, Fire Chief; J. Brownell, Assistant Director of Recreation; J. ,Levesque, Public Relations Manager; Ms. Y. Huntington- LeBlanc, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I: - I Father D. J. Warner offered the opening prayer. On motion of Councillor Schermerhorn "Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on November ,10, 1'986, he approved. Question being taken, the motion was carried. . (Councillor M. Vincent entered the meeting.) Her Worship the Mayor, in noting that the Canadian Tariff Board was in the City on November 14 for the purpose of performing a study of tariffs on the sweetener industry in Canada at which time a dinner was held by Lantic Sugar Limited which was attended by representatives of Council, the Unity Committee, the Board of Trade, the business community and the sugar refinery in Montreal, P.Q., and that the Tariff Board'was informed of the need for the sugar refinery in the City of Saint John which produces approximately 25% of Canada's domestic sugar and suggested that, as the City was advised that it could present a brief to the Tariff Board in Ottawa, Ontario, such a brief should be prepared and presented in conjunction with the Unity Committee. On motion of Councillor Gould I Seconded by Councillor Flewwelling RESOLVED that the City, in conjunction with ,the Unity Committee, prepare a brief on the above matter for presentation to the Tariff Board in Ottawa. Deputy Mayor Gould expressed concern about the future of Lantic Sugar Limited, which employs approximately 400 persons with a $10 million payroll, and concurred that Council should submit a brief for presentation to the Tariff Board in Ottawa in December 1986, such brief to outline the objections to the increase on the tariff on sugar cane because of the effect not only on Saint John but on the whole Atlantic Region. . Question being taken, the motion was carried. The Mayor, in reference to Deputy Mayor Gould's comments respecting the official opening earlier this date of the expansion of the Loch Lomond Villa, commended the Simonds Lions Club for their efforts in this project and other community service projects; and noted that the Rotary Club of Saint John has commenced a new project involving the sponsorship of polio vaccine for young children in various countries. The Mayor also commented on the Lebanese Dinner held on November 15 and displayed a magazine published by Ports Canada, which features an article on Saint John. Councillor Flewwelling commended the members of the City's Police and Fire Departments who marched in the November 11 Remembrance Day parade and the Lancaster Kiwanis Steel Band for its performance on November 15. Councillor Rogers commented on her attendance at the Annual Insurance Awards Presentation Dinner and expressed appreciation to Canada Mortgage and Housing Corporation, which is celebrating its 40th anniversary, for the tour of various housing projects in the City provided members of Council earlier this date. Councillor Vaughan advised that Canada Mortgage and Housing Corporation requested that Council ensure that the appropriate by-laws are enforced so that areas in which housing has been revitalized do not become dilapidated and Councillor Schermerhorn suggested that Council should be provided with a report on the manner in which the Minimum Property Standards By-Law is to be enforced. I I: Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 40 Canon Street (L.R.I.S. Number 26373), measuring approximately 38 feet wide by 72 feet deep, from Medium Density Residential . j ,.. 83 . to District Centre Commercial classification, to permit re-zoning of the property to a "B-1" Local Business zone so that the existing building may continue to be used for offices as well as apartments, as requested by Wayne Erb Builders Ltd. Consideration was given to letters from Mayor Wayne, one submitting a petition from the people of the Tabernacle United Baptist Church, the other submitting a letter from the Mahoney family of 40 Pleasant City Street, expressing opposition to Sunday shopping. I The Mayor suggested that the above letters should be received and filed and requested that the Common Clerk forward copies of these letters, as well as copies of letters received by Council over the past few weeks, to the Department of Justice and the local Members of the Legislative Assembly. On motion of Councillor M. vincent I Seconded by Councillor Rogers RESOLVED that the above correspondence be received and filed and that copies of the recent letters to Council regarding Sunday shopping be forwarded to the Department of Justice and the local Members of the Legislative Assembly. Question being taken, the motion was carried. . Mr. David Hierlihy, representing the staff and management of Canadian Tire Associate Store at 70 Thorne Avenue, addressed Council regarding the matter of Sunday shopping and advised that on October 3, 1986 a petition opposing Sunday shopping was posted in the Thorne Avenue store which, within a two-week period, was signed by 2,534 customers which is considered to be a minimal indication of the opposition that exists in Saint John. Mr. Hierlihy expressed the opinon that a final decision respecting Sunday shopping should not be forced upon the community by a few companies that are interested only in increasing their profits and requested Council, in resolving this issue, to take into consideration the best interests of the citizens. I The Mayor noted that the Province has jurisdiction over this matter in the Days of Rest Act and that the City is doing its best to enforce the Act, and added that. the Automobile Association takes the same stand as the Canadian Tire Associate Store. Mr. Hierlihy advised that the Canadian Tire management and staff consider it necessary to take a public stand in view of the suggestion that there is a desire for Sunday shopping proved by the number of persons taking advantage of the opportunity to do so, which his group considered to be untrue. The Mayor advised that a copy of Mr.Hierlihy's submitted presentation will be forwarded to the Department of Justice and the local Members of the Legislative Assembly. Consideration was given to a letter from Councillor Flewwelling asking to be informed as to the development of paving on Fairville Boulevard. Councillor Flewwelling asked why paving is being done in certain sections, while in other areas the paving is being torn up in order to raise manhole covers. Mr. Robichaud explained that sub-based asphalt was laid on Fairville Boulevard in order to remove all irregularities in the existing road surface and that, with sufficient funding from the Province of New Brunswick, it is hoped in 1987 to install curbing and a final asphalt coating over the entire road and, with regard to the manhole covers, in some areas the thickness of the asphalt was six inches and the pre-raising of the manhole covers would have created a problem on the highway. . The Mayor called for a motion to add the item regarding Lantic Sugar water rates (which was discussed in Committee of the Whole earlier this date) to the agenda for consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above-mentioned item be added to the agenda for consideration at this time. I Question being taken, the motion was carried. I Consideration was given to a letter from Councillor Knibb noting that water has been supplied to Lantic Sugar Limited for more than 70 years at special rates, in particular, a rate of 5 cents per thousand gallons has been in effect since 1961; also noting that a Council committee negotiated earlier this year with Lantic Sugar Limited to establish new water rates and submitting a copy of a proposed agreement which has been executed by Lantic Sugar Limited and is subject to ratification at the next sitting of the New Brunswick Legislature, such agreement providing for new rates as follows: 15 cents per thousand gallons in 1986, 17.5 cents per thousand gallons in 1987 and 20 cents per thousand gallons in 1988; advising that, under this agreement, the project revenue from Lantic Sugar Limited will increase from the current level of $12,000.00 per annum to approximately $48,000.00 per annum in 1988, and recommending that the Mayor and Common Clerk be authorized to execute this agreement and that the City Solicitor be requested to prepare the appropriate legislation for submission to the next sitting of the New Brunswick Legislature. . Councillor Knibb noted that he, Councillor Davis and former Councillor Poley served on the Council committee to negotiate the above agreement. ... ~ 84 On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk be authorized to execute the above agreement with Lantic Sugar Limited and that the City Solicitor be requested to prepare the appropriate legislation for submission to the next sitting of the New Brunswick Legislature. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I -=- Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November 5-11, 1986 $47,823.54 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City granted for payment of the following construction progress I Manager, authority be certificate, namely:- 1. McAllister Industrial Park 'Water Improvement System Simpson Construction Ltd. Original estimated value of contract - City's share Total work done, Estimate Number 8 Total work done, Estimate Number 8 - City's share (28%) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 8, dated November 5, 1986 Final holdback release $ 91,980.00 342,473.41 95,892.55 Nil 94,286.43 . $ 1,606.12 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for building finishes in'the Cashier's area and on the 11th floor of the City Hall building be awarded as follows:- (1) painting - Loyalist Painting Ltd. - $1,377.00; (2) wallcoverings - Loyalist Painting Ltd. - $14,235.00; (3) vertical blinds - Paint Supplies (N.B.) Ltd. - $6,959.70; and (4) carpet - Floor Fashions Ltd. - $43,478.80. I Councillor Rogers advised that, as she is not in favour of the expenditure of ,funds for ,the renovations to City Hall, she will be voting against the above tender, award.: Question being taken, the motion was carried with Councillor Rogers voting IInay". On motion of Councillor Knibb Seconded by Councillor Gould . RESOLVED that as recommended by the City Manager, the bid of Atlantic Colas Ltd., in the amount of $54.70 per tonne, be accepted for supplying 540 tonnes of ,cold mix asphalt. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that as recommended by the City Manager, approval be granted for acceptance of a performance bond in the amount of $7,000.00 for the guarantee of rehabilitation of the gravel pit on Latimore Lake Road owned by Thomas Construction Ltd. Councillor Rogers asked for a report on the sand and gravel pits in use in the City. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a report from the Commissioner of Community Planning and Development with regard to the presentation of Mr. Louis 11urphy, M.L.A. Saint John Harbour, to Council on November 3, 1986; advising that. the street signs issue in the Kierstead Trailer Park has been resolved and the signs will shortly be erected and that, with regard to the question of traffic controls at the intersection of Dever Road and Greenhead Road and the crossing at the Baptist Church, staff is evaluating again the traffic characteristics at these locations following which a further report will be submitted to Council -- be received and filed. .0 ..... """ 85 . Question being taken, the motion was carried. I - Read a letter from the City Manager concurring with the recommendations in the submitted report from the Commissioner of Finance advising that the New Brunswick Municipal Finance Corporation was successful in selling its sixth bond issue and that the terms, as they relate to the City of Saint John, are as follows:- term: 10 years, serial form in equal annual amounts; coupon rates: 1 year - 9.00%, 2 years - 9.25%, 3 years - 9.50%, 4 years - 9.50%, 5 years - 9.75%, 6 years - 9.75%, 7 years - 9.75%, 8 years - 9.75, 9 years - 10.00%, and 10 years - 10%; price $98.96 per $100.00; yield to maturity - 9.89%; and settlement date: December 1, 1986; noting that the terms of this issue are within the limits approved by Common Council on October 17, 1986; and also advising that the Corporation also sold as part of its bond issue $4,095,000.00 on behalf of the Saint John Parking Commission, the City having agreed on August 18, 1986 to repay this issue. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the debenture between the City and the New Brunswick Municipal Finance Corporation for $3,500,000.00 which will set out the terms of the issue listed above. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the guarantee certificate for the $4,095,000.00 bond issue of the Saint John Parking Commission. Mr. Wilson explained that the above amount represents the cost of constructing the Chipman Hill Parking Garage and that, although for the past eight years efforts have been made to put a long-term bond issue in place, due to the high rates of interest and other factors, including lack of agreement with Brunsick Square Ltd., the issue could not be put forth until this time and added that, under the terms of agreement between the Saint John Parking Commission and Brunswick Square, the terms of repayment, both interest and principal, will be paid by Brunswick Square Ltd. Question being taken, the motion was carried. On motion o.f 'Councillor Schermerhorn I Seconded by Councillor M.Vincent RESOLVED that in accordance with the recommendation of the City Manager and Fire Chief, a warrant be issued to Mr. Rene Robichaud for membership in the Saint John Salvage Corps & Fire Police. Question being taken, the motion was carried. Read report of the Committee of the Whole (as fOllows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on November 10, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That the property at 32-36 St. Andrew Street be transferred to Saint John Non-Profit Housing Inc. for the sum of $1.00 and further that the lot at 63 Mecklenburg Street be transferred to Saint John Non-Profit Housing Inc. for $3,000.00 which is 50% of the appraised value. I 2. That as recommended by the City Manager, (1) the eastern half of Lot 43 in the Cedar Point Mobile Home Park be sold to Ronald L. Sutton,the owner of Lot 44, for a price of $1,500.00; (2) that the western half of Lot 43 in the Cedar Point Mobile Home Park be sold to Helen Allain, the owner of Lot 42, for a price of $1,500.00; (3) that an easement be retained over both parcels to allow access to the sewer line; (4) that the purchasers be responsible for the preparation and cost of the necessary survey to subdivide the land; and (5) that the closing date for the sale be on or before March 31, 1987. I 3. That as recommended by the City Manager, the City sub-lease 822 square feet of office space on the 12th floor of the City Hall building to the Department of Supply and Services for use of the Social Welfare Appeals Board at a rental of $924.75 per month, the lease to cover the period July 1, 1986 to June 30, 1987 and to include heat, electricity, cleaning, maintenance of the washroom, replacement of fluorescent tubes and cleaning of the windows. . 4. That with regard to the request of the Hindu Society of Saint John, N.B., Inc. for the City to grant it a portion of the City-owned land on the corner of Millidge Avenue and Boars Head Road as a site for a community centre, Council adopt the recommendation of the City Manager that the Hindu Society of Saint John, N.B., Inc. be advised that, as staff is of the opinion that no further land should be sold l... ~ 86 in the vicinity until the Secondary Plan is prepared for the Millidgeville area, the City-owned land on the corner of Millidge avenue and Boars Head Road is not available at the present time. . November 17, 1986, Saint John, N. B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be I Councillor Knibb, a member of Saint John Non-Profit Housing Inc., noted that the property being transferred for $1.00 is due to a considerable expense to the Company of having to relocate a sewer line. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Knibb RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above . report be adopted. Mr. Todd, replying to a query of Councillor M. Vincent, advised that,the above amount represents a rental of $13.50 per square foot. Question being taken; the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. I Consideration was given to a letter from the Planning Advisory Committee referring to Common Council resolution of November 10, 1986 approving the sale of property at 301-307 Princess Street to Mr. Horace J. Martin on condition that he receive the necessary variance from the Planning Advisory Committee to allow construction of a 6-unit building, noting that the Community Planning Act provides that Council may enter into an agreement with the developer to assure the performance of the conditions imposed by the Committee with respect to the granting of the variances requested, and submitting a recommendation for Council's consideration. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the preparation and execution of an agreement between the City and Mr. Horace J. Martin to assure the performance of the following conditions with respect to the property at 301-307 Princess Street: (a) the surface of the driveway and parking lot be finished with asphalt, (b) the sidewalks be constructed with concrete, (c) the development be carried out in accordance with the submitted plan including, but not limited to, features such as a 5-foot fence, sidewalks, lawns and bulding location, and (d) all work necessary to complete this development be completed within one year of the commencement of the use of the building. . Question being taken" the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from 11r. Harold E. Wright requesting, on behalf of the Douglas Avenue residents and property owners, that Douglas Avenue, from the corner of Main Street to the western side of Riverview I Memorial Park, be designated a heritage preservation area and that Council instruct City staff and the Preservation Review Board to implement the Douglas Avenue preservation area as a priority in 1987 -- be referred to the City Manager and Planning staff and to the Preservation Review Board for consideration and a report to Council. Councillor Rogers, a member of the Preservation Review Board, suggested that the above letter should be forwarded to the Board and advised that a report on the ,Orange Street request for heritage designation will be submitted to Council by the Board. Councillor Knibb suggested that consideration should be given to designating King Street East as a heritage preservation area. . ~ II""" 87 . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the-letter from Constable Janet N. Holt, Chairperson of the 1986 United Way Municipal Campaign, advising that the Campaign for 1986 has come to a successful conclusion with the actual goal achieved of $52,188.00 being an approximate 17% increase over the 1985 total, and commending municipal employees who have given their time and money to make this a successful campaign -- be received and filed and Constable Holt be thanked for her excellent service on the City's behalf. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Terry J. Saulnier submitting a petition from the residents of Millidgeville Estates, which is comprigedofCraig Crescent and Varsity Street, requesting (1) street resurfacing and concrete curbing and sidewalks, (2) that a sign be erected on the entrance of Varsity street defining the area as Millidgeville Estates, (3) that the area of land where the City installed water pipes to the water tank on the old City dump site be cleaned up and appropriately greened, (4) that the area of land at the entrance of Varsity Street be cleaned up to complement the area and (5) that the area of the old dump site between the houses and the new road to the Saint John Regional Hospital, between Sandy Point Road and the Rifle Range, be declared a game refuge or at least prohibit firearms in that general area -- be received with requests (a) and (b) to be referred to staff for consideration in the 1987 budget and requests (c), (d) and (e) to be referred to the City Manager for investigation and report to Council. I During ensuing discussion Councillor Flewwelling advised that the Province will supply signs to post in areas where firearms are prohibited, Deputy Mayor Gould noted that the petition includes 52 signatures which represents the total number of homes in the area, Councillor Knibb questioned the need for a sidewalk in an area which is not subject to through traffic, and the Mayor questioned whether or not the original developer posted a performance bond. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers _ ,_ RESOLVED that 'the presentation of Mr. David Hierlihy on behalf of the staff and management of Canadian Tire Associate Store at 70 Thorne Avenue, opposing Sunday shopping, be received and filed with appreciation and that a copy be forwarded with other correspondence in this regard to the Province and to the local Members of the Legislative Assembly. Question being taken, the motion was carried. Councillor M. Vincent asked the status of the request from the Senior Citizens Service Centre (which was the subject of a letter copied to Council members as an information item) for a grant to cover its rent in the City Market building to which the Mayor replied that this grant will be provided in the 1987 operating budget. . On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I Yk~~YL~~ Co on Clerk , I . .... ~ 88 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of November, A.D. 1986, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. Vincent - and - Messrs. R. S; Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. R~bichau~, ,Assistant,City Manager - Operations; F. Rodgers, Clty ~Ol~cltor; D. Wlls~n, Commissioner of Finance; J. Brown, Commlssloner of Communlty Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Hous~ng,& Renewal Services and property Management; P. Groody, Commlsslon~r of Human Resources; R. G; Riley, Chief of Police; R. McDevltt, , Fire Chief; T. Totten,Deputy Commissioner of Finance; J. Brownell, Assistant Director of Recreation; J. Levesque, Public Relations Manager; Miss M. Conley, Administrative Assistant to the ~layor; Ms. Y. Huntington-LeBlanc, Director of Tourism; ~lrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I \ Reverend Harold Beesley of the Pentecostal Assemblies of Canada offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on November 17, 1986; be approved. . Question being taken, the motion was carried. Her worship the Mayor advised that the lighting of the Children's Christmas Tree is scheduled for December 5, 1986 in the City Hall Plaza and that the Saint John Central Business Development Corporation may be able to co-ordinate the lighting of King Square with this event. Councillor Flewwelling asked that the following items which are included for discussion in Committee of the Whole later this date be added to the agenda for consideration at this meeting: (1) a letter from the Saint John Board of Police I Commissioners regarding the appointment of an arbitrator, (2) a letter from the City Manager regarding the Days of, Rest Act, (3) a letter from the City Manager regarding , a fire lane closure, Malborough Avenue to Rockwood Avenue and (4) a letter from the City Manager regarding the Fundy Trail to which the Mayor replied that the first mentioned item is not for consideration in open session and that the fire lane closure, being a land negotiation matter, is to be dealt with first in closed session and, with regard to Councillor Flewwelling's query respecting the propriety of considering the letter from the Saint John Fundy Region Development Commission Inc. regardinq priority projects (which is included for discussion in Committee of the Whole later this date), expressed the opinion that there should be a teach-in on this matter prior to considering same in open session. The Mayor concurred that items (2) and (4) could be considered in open session and suggested that the City Manager's letter with respect to the,price of cold mix asphalt (copies of which were forwarded to Council members as an information item) should be added to the agenda for consideration at this meeting as it is in response to a query of Councillor M. Vincent in open . session. Councillor Knibb suggested that the City Manager's letter regarding the 1987 budget for fiscal charges (copies of which were forwarded to Council members as an information item) should be considered at this meeting to which the Mayor concurred nd added that matters broached in open session must be replied to in open session of ouncil. Deputy Mayor Gould suggested that the copy of a letter to the Mayor from he Mayor of Fredericton, N.B., regarding the recent visit to the City of Rick Hansen (copies of which were forwarded to Council members as an information item) should be ddedto the agenda for consideration at this meeting and the Mayor asked that the 'tern regarding the designation of Orange Street as a heritage preservation area I (copies of which were forwarded to Council members ,as an information item) should ~ Iso be 'considered at,this meeting as the matter was broached by Councillor Rogers in pen session of Council. On motion of Councillor M. Vincent added to Seconded by Councillor Vaughan RESOLVED that the above-mentioned items be the agenda for consideration at this meeting. I Deputy Mayor Gould suggested that the following items (copies of which were forwarded to Council members as information items) should be considered at this meeting: (~) the City Manager's letter submitting a report on the most recent marketing and promotlonal endeavours undertaken by the City's Tourism Department personnel, (2) a copy of a letter to the Mayor from the Tourism Division of the Canadian Consulate General, (3) a copy of a letter to the Mayor from the Promotion Co-ordinator of Labatt's New Brunswick Brewery and (4) a copy of an excerpt from The Financial Post concerning the Bi-Capitol Project. During discussion Mr. Clark commented on the information i~ems forwarded to Council members and the l1ayor concurred that such ltems are,to lnform Council members, while other matters require debate, and expressed concern wlth regard to the length of the agenda should matters of information be considered as part of the agenda. . ~ II""" 89 (Councillor A. Vincent entered the meeting during the foregoing discussion.) . Question being taken, the motion was carried. Councillor Rogers advised that Knights of Columbus, Councils 8094 and 6770, will be holding their annual torch light parade to centracare,on December 10, 1986 commencing at the Carleton-Kirk united Church and the Assumpt10n Church. Councillor MacDougall suggested that the item rega~ding insurance commission, which is to be considered in Committee of the Whole later th1S date, sho~ld be added to the agenda for consideration at this meeting whereu~on the Mayor ~epl1ed that,the Commissioner of Finance wishes to address this matter 1n closed seSS10n of,Counc11, and advised her intent to discuss in Committee of the ~lhole the matt,;,r of 1~struct10ns to the City Manager, who wishes to be advised, with respect to what 1tems, 1f any, Council wishes to discuss in COl!U1li:ttee of ~he...whole. .T.he Mayor added that matters de'ahri<j'wH.h'pe'rsonnei';Ticitid and ce.rtain'P9licy matters, as, wel~ as le'ifal matters have to be discussed in closed"ses'sionwithmatters dealt w1th 1n Comm1ttee of the Whole. subsequently considered in open"se:.~,si,?l'\. . Cp~ncillor MaCDougall expressed the opinion that, while he is not really as concerned about the fact th~t sta~f would like to place some of these matters in Committee of the Whole for d1Scuss10n, ,the responsiblity is with the Council members to bring before the Mayor a~d Counc1~ any items in Committee of the Whole which are felt should be in open seSS10n and, 1n referring to the recent editorial in The Evening Times-Globe~ advised, that he is responding to the editorial because it has been brought to h1S at~ent10n by another body that there are numerous matters in Committee of the Whole Wh1Ch should and could be dealt with in open session with which he completely agrees and added that he has had several items which, although they were dealt with in Committee of the Whole, he thought could have been dealt with in open session. Councillor MaCDougall suggested that, as there could be a difference of opinion in this regard, the Common Clerk could have a teach-in on what matters are considered appropriate for both open and closed session of Council. 'I I ~. I . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. F.Wayne Jones' concerning snow removal on Bardsley Avenue West ~- be referred to the City Manager for. a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I "-... . . Seconded by Councillor Rogers '. .. \<E;~OLVED that. the letter from Mayor Wayne 's\,J,blnietin'g a copy of a letter from 'Mrs. Norina Bishop qdding .her support to those who oppose the 'Sunday' opeiHngof supermarkets, malls and department stores whose policies of work schedules are imposed upon many employees -- be received and filed with appreciation and a copy be forwarded with the other correspondence in this regard to the Province and to the local Members of the Legislative Assembly. Question being taken, the motion was carried. On motion of COuncillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne suggesting the following schedule of regular COmmon Council meetings for the remainder of 1986: Monday; December 1 at 7:00 o'clock p.m.; Monday, December 8 at 4:00 o'clock p.m.; Monday, December 15 at 7:00 o'clock p.m.; and !1onday, December 22 at 4:00 o'clock p.m., with the first regular meeting in 1987 to be held on Monday, January 5 at 7:00 o'clock p.m. -- be received and filed and the schedule be accepted. (Deputy Mayor Gould withdrew from the meeting.) Question being taken, the motion was carried. I Consideration was given to a letter from Councillor MaCDOugall requesting to address the matter of recreational facilities in the. South End of the City. '., ~) , - ~ . ':. I - . . I Councillor MaCDOUgall, in noting that this is the second time he has brought this matter before Council, re-iterated his question of whether or not sufficient unds will be put aside in the 1987 budget to .enhance .the. recreational facilities in he South End of the City. Mr. Clark advised 'that an indoor skating facility will be considered during the 1987 capital budget preparation and, with respect to the South End facilities, commented on his tour of the area.ballfields to determine how the structures and maintenance can be improved for the 1987 baseball season and concluded that he has inquired of the Recreation and Parks Director with respect to the feasibility a~d cost of flooding an outdoor ice surface in the South End for the forthcoming w1nter season. Counci~lor Knibb, in expressing the opinion that the young people in ~he South End of the C1~y do as well with respect to facilities as the young people 1n other ar,;,as of the ~lty, expressed opposition to contemplating at this time any further cap1tal e~p,;,nd1ture for a major rink in view of the anticipation of constructing a sportsplex or C1V1C arena. The Mayor advised that a request was received from The onourable Nancy Clark Teed, Minister of Health and Community Services, for consideration o be given to an outdoor arena in the South End and noted that Council, in Committee f the Whole on,November 17, 1986 referred Councillor MaCDOUgall's letter in this egard to the C1ty Manager for consideration in the 1987 Capital Budget. On motion of Councillor MaCDougall . Seconded by Councillor Davis RESOLVED that the above letter from Councillor ... ~ 90 MacDougall be received and filed as the matter has been referred for consideration in the 1987 Capital Budget. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager advising that the following question is being circulated to New Brunswick municipalities by the provincial- Municipal Council: "Does your Council support an amendment to the Days of Rest Act removing the right of municipalities to adopt by-laws allowing retail stores to be open on Sundays or other prescribed days of rest?"; noting that Section 5 of the Act allows municipalities to pass by-laws permitting retail businesses to operate within the boundaries of the municipalities as follows: (a) on the weekly day of rest throughout the year, (b) on the weekly day of rest during a specified period or (c) on a prescribed I day of rest as is specified by the by-law, or a municipality can a1so pass a by-law permitting such operation only within certain designated areas of ~e municipality, ~o and suggesting that Council may wish ,to take a position on this question which can be forwarded to the provincial-Municipal Council. On motion of Councillor Vaughan Seconded by Councilior Flewwelling RESOLVED that Council agree that the present legislation should remain without the right of the municipalities to make changes to the requirements for Sunday openings. Councillor Schermerhorn expressed .support of the present situation in terms of stores being closed under the existing legislation and asked what the alternatives are and Councillor Vaughan clarified that the legislation should remain as it is without the right for the municipality to make changes. Councillor Davis suggested that this matter should be discussed in Committee of the Whole'and Councillor Schermerhorn suggested that a legal opinion should be requested. I On motion of Councillor Schermerhorn . Seconded by Councillor the table 'pending input from the A. Vincent , ' RESOLVED City Solicitor. that the above matter be laid on Question being taken, the tabling motion was carried with Councillor Davis voting "nay". On motion of Councillor Schermerhorn Seconded by Council'lor Knibb RESOLVED that the letter from the City Manager regarding the proposal of Mr. Mitchell Franklin with respect to the Fundy Trail, which was considered in Committee of the Whole on September 29, 1986, advising that the members of the Tourism Advisory Commission take the view that there are other priorities for tourism development in.the area which rank ahead of the Fundy Trail; suggesting that, in order for the City to assess whether the Fundy Trail should be one of its priorities, the impact ,of the Fundy Trail as a tourist destination should be studied by an independent consultant; also suggesting that, because the impact of the Fundy Trail affects tourism in the whole of the southern part of the Province, a regional approach should be made; ,noting that the Saint John Fundy Region Development Commission is including the possible development of the Fundy Trail as one of the future projects with significant economic impact to the Region and that Council is being asked to participate in the process of 'development of these regional priorities which will involve information sessions set up by the Commission, and recommending that this report be received and filed and Mr. Franklin be advised that the city, along with other communities in ,Southern New Brunswick, are studying,and evaluating priori ties for economic development., including the possible development of the Fundy Trail -- be received and filed'with a further report to be submitted to Council. I ~\ . The Mayor suggested that, as Council needs to be apprised of details with respect to cost and the impact on the area through discussion with staff, the City Manager would likely have submitted a,different report had he expected the matter to be discussed in open session rather than in Committee of the Whole as originally scheduled. ' Question being taken, the motion was carried. I On motion of Councillor M. vincent Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a report from the Assistant city Manager - Operations responding to Councillor M. Vincent"s request on November 17 for additional information on cold mix asphalt, advising that the cost of cold mix asphalt in 1985-1985 was $47.50 per tonne as compared to $54.70 per tonne approved by Council for the 1986-1987 season and that a new liquid asphalt emulsion was specified in order to fall in line with Provincial specifications and to utilize a better product which resulted' ina $7.20 per tonne increase in COst -- be received and filed and staff be thanked for the information. I Queston being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knib]) , RESOLVED that the letter from the City Manager submitting a report from the Commissioner of Finance in response to a question broached uring a recent meeting of Council during a recent budget meeting with respect to the ount of fiscal charges the City is currently paying out, particularly with regard .' ~ I"'" ~: ~ ...~ ..... -, . 91 . to the relationship between the amount of payment which ,goes to service the principal and the amount related to interest charges, advising that the 1987 budget for fiscal services, including Saint John Transit Commission" is $11,016,000.00 which represents a 3.1% increase over 1986 and is one of the lowest increases in recent years; also advising that, more significantly however, is that, 59% of t,he fiscal services budget is related to principal repayment wi~honly 41% related to short- and long-term interest expense which is a substantial improvement over 'the 1986 budget wher,;, 49% was allocated to principal repayment and 51% to interest expense; and conclud1ng that in 1987 the City plans to finance $1,295,000.00 of capital expenditures from the current operating budget which is a major step towards the long-range plan of not having to issue bonds after 1992 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . I - I Seconded by Councillor Vaughan RESOLVED that the copy of the letter to Mayor Wayne from Mayor Brad Woodside of Fredericton, N.B., congratulating the City of Saint John on the excellent job during the recent visit of Rick Hansen and advising that, as a follow up to their agreement, he would be most happy to fly Saint John's flag in Fredericton -- be received and filed. 'Question being' 'taken', Jhe mqtton, was ,carried. . - . . I" I: \ :, On motion of Councillor Schermerhorn -". -. , .. < ,- . . Seconded by Councillor Rogers RESOLVEP that the letter from the City Manager submitting a report from the Commissioner of ,Community Planning and Development with respect to the request of Mr. Stephen D. Carsonf.or the area between Carmarthen and Wentworth Streets on Orange Street to be designated as a heritage preservation area, advising that this matter was presented to the Preservation Review Board on October 29 and the Board is now working on having the area evaluated further in terms of its appropriateness for designation and Mr. Carson has been approached for information on individual buildings and at the same time further 'consideration is being given to the opportunities for resources which, if required, could carry out the necessary study of this area and the development of applicable standards, and concluding that the Board anticipates having a recommendation ready for Council's consideration early in 1987 -- be received and filed. I, Councillor Rogers, a member of the Preservation Review Board, advised that the Board intends to work with Mr. Carson not only to formulate a heritage plan for the Orange Street area but for the City as a whole which will be accommodated hopefully by the designation of a heritage planner in 1987, Councillor Knibb noted that, while it is desirable to preserve as many of the historical buildings as possible, there is a financial burden attached in view of the regulations in heritage areas for the restoration of the buildings and expressed the understanding that the City Manager is investigating the possibility of funding being made available to assist persons who acquire property in heritage areas. Councillor Davis, aGOvrrnorof Heritage Canada, suggested that Council should be cautious about creating large heritage areas because it burdens the City with a lack of space for new development. Question being taken, the motion 'was carried. On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City of Saint John express appreciation to Mayor Brad Woodside of Fredericton, N.B., for his generous hospitality to the Mayor of Saint John. Question being taken, the motion was carried. The Mayor suggested that, as requested by Deputy Mayor Gould earlier in the eeting, the following items be added to the agenda for consideration at this time: (1) the City Manager's letter reporting on the marketing and promotional endeavours f the City's Tourism Department personnel, (2) a copy of the-Mayor's letter from the ourism Division of the Canadian Consulate General, (3) a copy of the Mayor's letter rom the Promotion Co-Ordinator of Labatt's New Brunswick Brewery and (4) a copy of he excerpt from The Financial Post concerning the Bi-Capitol Project. On-motiOhof Councillor Flewwelling I Seconded by Councillor Vaughan RESOLVED that the above-mentioned items be added to the agenda for consideration at this time. Question being taken, the motion was carried. I "I ,', ,\, On motion of Councillor Vaughan received and filed. Seconded by Councillor Flewwelling RESOLVED that the above-mentioned items be '; Question being taken, the motion was carried. . ... """'IIIl 92 . On motion of Councillor Knibb Seconded by City . Manager, authority be Stephen paving (1982) ,- $30,878.26 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. vincent RESOLVED that the letter from the City I Manager advising that Road Savers Maritime Limited, the successful tenderer on contract 86-16, crackfilling asphalt pavements, awarded by Council on July 6, 1986, had difficulty _- obtaining one of the insurance documents until early in October 1986, therefore, the contract documents could not be signed by the City and the work could not be carried out and, because of the risk of colder temperatures, it was not recommended to begin a project of this nature at this point in time; advising that staff is now in receipt of letters from the contractor proposing that (i) the project be carried out in late spring with completion date being June 1, 1987, (ii) the prices stated in the tender would remain the same and (iii) all bonds and insurance documents would be updated I before commencing work in 1987; and recommending that the project be deferred until the 1987 construction season as proposed above and included in the 1987 Capital ' Program and that the Mayor and Common Clerk be authorized to execute the necessary contract documents accordingly -- be received 'and filed and the recommendation adopted. Councillor Vaughan. asked if it is likely that, in view of the successful tenderer being from Nova Scotia, the same problem would have occurred with the insurance document had a local contractor been awarded the project to which Mr. Clark replied that there was only one bidder on the project and Mr. Robichaud added that, although in the previous year there were two bidders for this work, the other contractor did , not submit a tender in 1986 and that it is possible that Road Savers Maritime Limited . had not in the past carried the type of insurance required; however, he expects that the contractors would all have had the same problem because of the increase in insurance rates and other problems being experienced in the insurance field. Councillor Flewwelling asked if funds for the project, if carried over to 1987, will come from the 1986 budget to which Mr.. Wilson replied that the project will be brought forward probably as a number one priority capital expenditure in 1987. Councillor Schermerhorn concurred with Councillor Vaughan's observation that it may be better to re-tender than carryover the project with the same contractor and Councillor A. vincent, upon being advised by Mr. Clark that the amount of the tender awarded is in the area of $26,OnO.00 or $27,000.00, asked what type of insurance was called for in the tender specifications and questioned a company's a company's inability to cover by a certified cheque the full amount of the tender. Mr.' Robichaud requested that, in view of the questions being asked, this matter be tabled and he will submit a detailed report to I Council at its next meeting. On ,motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week pending a detailed staff report. Question being taken, the tabling motion was carried. On motion of Councillor Knibb, Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a report from the Assistant City Manager - Operations advising that approximately 2,500 tons of asphalt were used to reshape Fairville Boulevard in preparation for concrete curbing and a new asphalt seal coat which will be constructed in 1987 if sufficient provincial fund? are made available and that manhole frames and covers were covered with asphalt padding and raised after the padding was placed; also advising that, in--addition to the 30,000 tons of asphalt placed on City streets, 5,770 tons of asphalt were placed on the Red Head Road, Somerset Street and the Golden Mile, utilizing designated highway funds provided by the Province with Mr. Keith Dow, M.L.A. being instrumental in obtaining funds for Fairville Boulevard; and concluding that staff is recommending that the priority for designated highway work in 1987 be Thorne Avenue, City Road and Fairville Boulevard -- be received and filed. . Councillor A. Vincent suggested that the Public Relations Manager should look into the possibility of having designated, in the local newspaper a column for' the purpose of publishing items such as the above. I Question being taken, the motion was carried. The Mayor called for a motion to withdraw the item regarding the intersection of Dever and Greenhead Roads in accordance with the City Manager's request. from the agenda. On mDtion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above item be withdrawn I O;"[J Question being taken, the motion was carried. . ~ ,.... _' or - .,;.... 93 . I ~. 1 . 'I, I, . I _I . lIo... 0,' Consideration was given to a letter.' from the City Manger advising that t~e Traffic Division of the Police Department recently became concerned over the pract1ce of automobile dealerships who off-load vehicles from transport carriers which park on both sides of Rothesay Avenue sometimes simultaneously and sometimes in a direction facing oncoming traffic which creates a serious safety hazard and ob~tructs high volumes of traffic, and submitting a proposed amendment to the Traff1c By-Law to over.comethis problem, such amendment to prohibit parking on both sides of Rothesay Avenue for its entire length; and recommending that, the proposed amendment be given first and second readings and be referred to the Legal Department for appropriate action. On motion of Councillor Schermerhorn Seconded by Councillor Knibb . RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Discussion ensued regarding the specific area of Rothesay Avenue on which there is a problem with parked transport carriers to which Mr. Robichaud expressed the understanding that there are frequent occurrences of persons parking on the outside lanes of Rothesay Avenue thereby creating ,a problem and, in response to a query of the Mayor as to whether or not there is any other area in which transport carriers can park to unload vehicles, Mr. Barfoot replied that it is his understanding that there is a problem in the area of Brett Motors wherein semi-trailers park in the outside lane causing a problem and, upon the Mayor's suggestion that staff should discuss this matter with the dealership and determine if there is another area in which trucks can unload, Mr. Barfoot replied that certainly the street lane should not be used in this manner. Discussion continued during which time the Mayor made the observation that, having travelled Rothesay Avenue for a number of years, she has not encountered vehicles parked in the outside lane and questioned the number of complaints received in this regard, Councillor Rogers asked if the business concerns have been notified of the proposed By-Law amendment, and Councillor Knibb suggested that Council can proceed with first and second readings which should determine any public reaction to the amendment. Question being taken, the motion was carried with the Mayor and Councillors Rogers and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor MaCDougall RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a second time and referred to the Legal Department for appropriate action. Read a second time the by-law entitled, "A By-Law To Amend A By~Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried with the Mayor and Councillors Rogers and A. Vincent voting "nay". Councillor A. Vincent suggested that the Power Commission should be asked to install additional street lights along RothesayAvenue, particularly in the area between the Mediterranean Restaurant and the Pizza Hut where new businesses have opened recently. On motion of Councillor Flewwelling Seconded by Councillor, Knibb RESOLVED that the letter from the City Manager submitting a release executed by Mr. Alden MacKnight of MacKnight Motors Limited relieving the City of any obligations with respect to the rehabilitation of the Ashburn Road clay pit, which was the subject of 1978 and 1981 agreements between the City and MacKnight Motors Limited with the City unable to carry out certain remedial work to rehabilitate the pit from which the clay had been excavated due to the use being made by MacKnight Motors of the area of the pit since the construction of the Glen Falls Flood Control Dam; advising that, as' a result of a meeting in September between Mr. MaCKnight and City staff, Mr. MaCKnight indicated he would, upon settlement of this issue, (a) make the clay pit suitable for the storage of cars within 30 days of settlement, (b) remove all but 10 cars from Rockwood 'Avenue, (c) remove all the remaining 10 cars from ROCkwood Avenue by May 1, 1987, (d) remove all other vehicles from other improperly zoned lands or City lands, (e) within 90 days, clean up the premises on Rothsay Avenue and (f) within 90 days, complete the conditions of his 1981 agreement concerning the condition of the Ashburn Road property; noting that the said release acknowledges that the clay pit has been sufficiently rehabilitated so as to be now suitable for use by MacKnight as a new storage area if required by MacKnight; however, since the fall work season is now over, it would be appropriate to extend the completion ,of the remaining commitments to July 1, 1987 and recommending that MaCKnight Motors Limited be paid the sum of $10,000.00 as a settlement for the City's obligations with respect to the clay pit on Ashburn Road -- be received and filed and the recommendation adopted and that Council approve the conditions outlined and extend the completion of the remaining commitments to July 1, 1987. Councillor M. Vincent asked if the conditions included in the above motion have any bearing on or relationship to the release and acknowledgement document the <,' """IIIl 94 City will eventually signif,themotion is adopted to which'Mr. Rodgers replied in the negative. ", . 'Question being taken, 'the' motion was carried' wI th 'Councillor M. Vincent voting "nay". Read a letter from the City Manager submitting a report from the Deputy Commissioner of Housing & Renewal Services and property Management relating to the GRIP ~pplication of Cedar Point Estates Ltd~, su~h report advising that the initial grant available is calculated at $289,720.00 with the final actual grant to be available only upon completion of construction and assessment deta'ils and noting that Common Council resolution of July 21, 1986 authorized the execution of a subdivision agreement . in this regard and that, as per the agreement regarding the sale of the land by the ' City, the GRIP grant for this project will be based on 8% of the increase in assessment instead of the normal 10%" and concurring with the Deputy Commissioner's recommendation I that Council approve the GRIP application of Cedar point Estates Ltd. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common Council approve the GRIP application of Cedar Point Estates Ltd. for Cedar Point Estates with the estimated grant to be $289,720.00, and that the Mayor and Common Clerk be authorized, to, execute the GRIP' Agreement. I Question being taken, the motion was carried. .'.f ':- Read a letter 'from 'the City Solicitorregarding hunting and the discharging of firearms within the 'City of Saint John, which was the subject of discussion at Council on November 17, 1986; ci tingthe 'relevant sections of the Fish and Ivildlife Act; expressing the opinion that, if a person is hunting with a license in the proper season and that person is not 'within a game refuge, park or dump and does not discharge a firearm within 400 meters of a dwelling, school, playground and athletic field, . dump or place of business, that person is not committing an .offence under the Act; noting that the enforcement of the Act within the City is under the jurisdiction of the Police Department and suggesting that, as for the enforcement of the Act within the City by~game wardens appointed by the Minister, that matter should be taken up by the Chief of Police with' the Chief Game Warden. ' During ensuing discussion the Mayor asked what action can be taken to prohibit hunting within. the City limits to which Mr. Rodgers replied that Council can petition the New Brunswick Legislature for a new law either by petitioning the Minister of Natural Resources to review the Fish and Wildlife Act or by petitioning the Legislature for private legislation for the City of Saint'John with respect to hunting within the City. ' On motion of Councillor Schermerhorn I Seconded by Councillor 'Vaughan , , RESOLVED that the City Solicitor be requested to prepare the appropriate legislation for submission to the appropriate body. Question being taken, the motion was carried. Read report of the Committee of the Whole '(as follows) To the COM!40N COUNCIL of the City of Saint John The Committee of the Whole reports ". "J -~ ,-' . Your Committee begs leave to report that it there were present Mayor Ivayne and Councillors Davis, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent submits the following recommendations, namely:- sat on November 17, Flewwelling, Gould, and M. Vincent, and 1986, when Knibb, your Committee 1.. surplus for use That 'approval be granted for the Participaction Committee to retain the from the 1986 Saint John participaction Challenge, in the amount of $1,436.88, in the 1987 Challenge. ' , 2. That Council approve the festive and general lighting program for King Square presented by the Saint John Central Business Development Corporation, the perationand maintenance of the installation to be integrated with the standard City f Saint John procedures; and further that the City Manager designate a staff person o work with the Corporation in this regard. I ohn. That a grant of $10,000.00 be approved for the 1987 Pipers Salute to Saint ,'" Tha,t'Mr. H.Burton Steeve's be appointed as the By-Law Enforcement Officer or the purpose of enforcing the, Saint John'Preservation Area By-Law: I ,.AND FURTHER where a development is carried out in contravention of the unicipal He~itage.preservation Act'or,the Preservation Area By-Law, the Deputy uilding Inspector, Mr. H. Burton Steeves may order: ~~ -';:../ (a) cessation of the development ( (b) alteration of such development so as to remove the contravention, or . o (c) the doing of anything required to restore the land, building, or structure to its condition, immediately prior to the undertaking of such development: ~ ".... - 95 AND FURTHER that Mr. H. Burton Steeves be authorized to make application to the Supreme Court or a Judge thereof for an order asset out in 19(2) of the Municipal Heritage Preservation Act where a person: . (a) contravenes or fails to comply with (i) any provision of the Municipal Heritage Preservation Act or the Preservation Area By-Law, or (ii) an order or demand made pursuant to the aforementioned Act or By-Law, or I -' (iii) any terms and conditions imposed pursuant to a Certificate of Appropriateness, or (b) obstructs any person in the performance of his duty under the Municipal Heritage Preservation Act. 5. That as recommended by the City Manager, an expenditure of $12,600.00 be approved to facilitate the servicing requirement of the pCL & Eastern Packaging Limited development in the,Grandview Industrial Park. I November 24, 1986, Saint John, N. B. (sgd. ) Res~ectfullysubmitted, Elsie E. vlayne, C ha i r man. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers , RESOLVED that section 1 of the above report be . Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor MacDougall I adopted. Seconded by Councillor Rogers RESOLVED that section 3 of the above report be Question being taken, the motion was carried. . ; ,.' -) On motion of Councillor Flewwelling adopted. Seconded by counc~llor Rogers RESOLVED that section 4 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension plan, Council approve the retirement of Mr. Douglas Long, an employee of the Police Department, in accordance with Section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from The Right Honourable Brian Mulroney, Prime Minister of Canada, assuring Council that its concern with regard to the Atlantic Canada Opportunities Agency, as expressed in Common Council resolution of October 20, 1986, has been noted -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from Margaret .... ~ '96 and Herman Hatfield expressing objection to the Sunday operation of the IGA grocery -- be received and filed with appreciation and that a copy be forwarded with the other correspondence in this regard to the Province and the local Members of the Legislative '... Assembly. Question being taken, the motion was ,carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Local 1065 of the Retail, Wholesale and Department Store Union, submitting a petition which was signed by approximately 2,500 persons in support of the Union's opposition to Sunday openings and 'requesting Council to continue enforcement of the Days of Rest Act and do all in its power to resist any efforts to have the Act rescinded -- be received and filed with appreciation and that a copy be forwarded with the other correspondence in this regard to the Province and the local Members of the Legislative Assembly. Ie ~ Question being taken; the motion was carried. (Deputy Mayor'Gould re-entered the meeting.) 1 Councillor 'MacDougall extended a message of condolence to the family of the late Mr. Douglas G. Loughery, who passed away on November 22, 1986, Mr. Loughery having retired from the City of Saint John Police Force in 1968. On motion of Councillor MacDougall Seconded by Councillor A. vincent RESOLVED that the Common Council of the City of Saint John ,extend a message'of condolence to the family of the late Mr. Douglas G. Loughery. Question being taken, the motion was carried. . Councillor MacDougall noted that Mr. K. C. Irving, a Freeman of the City of Saint John, is a patient in the New England Baptist Hospital. On motion of Councillor MacDougall Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City of Saint John extend prayers and good wishes to Mr. K. C. Irving. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ,I Seconded by Councillor Flewwelling , RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. ~~ W ~~/~~ Co on Clerk . I I, . ~ I"" 97 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of December, A.D. 1986, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; B. Belyea, Budget Officer; J. Brown, Commissioner of Community Planning and Develop- ment; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and property Management; P. Groody, Commis- sioner of Human Resources; R. G. Riley, Chief of police; R. McDevitt, Fire Chief; C. E., Nicolle, Director of Recreation and Parks; J. Levesque, Public Relations Manager; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I - Reverend Trent Cleveland-Thompson of Lancaster Baptist Church offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on November 24, 1986, be approved. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use plan of the Municipal Development Plan, to redesignate a lot of land located at 60 Spar Cove Road (L.R.I.S. Number 46771), from Low Density Residential to District Centre Commercial classification and (b) re-zoning the same lot from "R-2" One- and TWO-Family Residential to "B-2" General Business classification, to permit renovation of an existing garage for the continued operation of a lock and safe repair shop, as requested by Mr. David Fisher, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (a) Common Council redesignate on Schedule 2-A of the Municipal Development plan the property at 60 Spar Cove Road to District Centre Commercial classifica.tion and (b) re-zone the same property from "R-2" One- and TWO-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act whereby: (1) the use of the property is restricted to the existing tWO-family house and a 375 square foot shop in the garage for the sale and service of locks, safes and related items and (2) signs be limited to one facia sign of not more than 12 square feet located on the face of the garage over the entrance to the shop. . Mr. Peter Teed, solicitor for Mr. David FiSher, appeared in support of the above-proposed amendments and requested Council's consideration of the Planning Advisory Committee's recommendations and adoption of the appropriate By-Law amendments. On motion of Councillor Schermerhorn $- I By-Law" . Read a first time the by-law entitled" "A Law To Amend The Municipal plan Question being ,taken, the motion was carried. On.motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on,Schedule 2-A, the Future Land Use plan of the Municipal Development Plan, a lot of land located at 60 Spar Cove Road (L.R.I.S. Number 46771), from Low Density Residential to District Centre Commercial classification, be read a second time. By-Law" . Read a second time the by-law entitled, ~'A Law To Amend The Municipal plan Question being taken, the motion was carried. . . ... """IIIl 98 On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by~law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a lot of land located at 60 Spar Cove Road (L.R. I.S. Number 46771), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. . Read a first time. the by-law to amend ,the Zoning By~Law of the City of Saint John. 'Question being taken~ the 'motion was carried. On motion of Councillor Schermerhorn -,-.1 -- Seconded by Councillor,A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of, the city of Saint John insofar as.. it concerns re-zoning a lot of land located at 60 Spar Cove Road (L.R.I.S. Number 46771)" from "R-2" One- and Two- Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. 1 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn . RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to re-zoning an approximate 2.8 acre parcel of land located on the northeast corner of Molson Avenue and Sand Cove Road. (L.R.I.S. Number 386755), from "I-I" Light Industrial to "RM-l" Three~Storey Multiple Residential classification, to permit the construction of a townhouse project with approximately 30 units, as requested by Manford M. Thompson Construction Company Limited, 'and that a letter was received from Mr. Robert G. Vincent, solicitor of the law firm of MCKelvey; Macaulay, Machum, submitting copies of three letters from representatives of the citizens' group opposing the re-zoning of 780 Sand Cove Road., .1 Consideration was given to a letter from the Planning Advisory Committee recommending that the approximate 2.8 acre parcel of land located on the northeast corner of Molson Avenue and Sand, Cove Road .(L.R.I.S. Number 386755) be re-zoned from "I-I" Light Industrial to "RM~l" Three-Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, which would (a) limit, the development of the site to a townhouse development generally in accordance with the plan submitted and (b) limit the vehicular access to one entrance from Sand Cove Road and one entrance from Molson Avenue. Mr. Robert,G; Vincent, solicitor, appeared in opposition to the above- proposed amendment on, behalf of more than 160 residents of the Rocky Bluff Terrace, Seacliff Drive, Cherry Tree Lane, Duck Cove, Lane and Molson Avenue area of the City of Saint John and, in noting the presence in the Council Chamber of a number of the residents, read a petition, which he subsequently filed with the Common Clerk, expressing opposition to the construction of a 30~unit townhouse development at 780 Sand Cove Road and stating that' an effort should be made, first and foremost, to maintain the single-family character of the neighbourhood by re-zoning the site to single-family residential only and that the developer be encouraged to present an alternate plan for 6-8 single family homes or lots on the 2.8 acre site as the presence of three existing townhouse developments in close proximity to this site creates a saturation point for this,type of housing in the area. Mr. Vincent advised that the residents concerned are riot opposed to there-zoning of the property and would rather see the vacant land occupied by residents than remain vacant land, nor is there any objection to the,style of development per se, although the, quality of the development must be in keeping with the area and Mr. Thompson's intended unit price in the vicinity of $62,000.00 raises some concern with regard to the quality of the project proposed. Mr. vincent also advised that the residents are concerned with the density of the proposed development and the effect of same on sewage, traffic, children in the area and the general quality'of life in the area and suggested that Council must consider the area affected by the proposed development to determine its impact. Mr. vincent commented on the type of housing in the area, which includes single-family dwellings, townhouses, co-op housing and an apartment building, and suggested that it is important to note that the Sand Cove Estates townhouse project and Westview place apartment building are just beginning to come on line and not fully contributing to the density or use of the area. Mr. vincent ,referred to problems with sewerage in the area which the addit~on of 30 townhouses will not ease and suggested that, although the City proposes 1n 1987 to resolve this problem, the latter is still a promise that lacks of the same certainty that the development has if construc,tion begins; in other words, if it is constructed before the'problem is solved, the problem will still exist, and also suggested that it is not prudent to proceed with the development until the entire sewer system is 'instaLled and ,tested; Mr. Vincent requested' a pause in considering this development until the system to adequately \1andle the.existing problem is put in place and, in noting that this is the last vacant piece of land in the area, suggested . I I . ~ "... . v.. ~ .-;.. '';t...: .~'.,.. .' , ~"'; 99 I that there should be no rush in developing' same and, in view of the fact that Mr. Thompson has yet to complete his purchase of the land, requested caution before proceeding. Mr. vincent commented on traffic in the area in view of the number of children and the inadequacy of sidewalks and crosswalks, the dangerous curve on approaching the railway track with the proposed development being immediately to the other side of the railway right-of-way and speeding,vehicles on Sand Cove Road; parking in the area of Sears Warehouse which creates problems for through-traffic; access/egress to the proposed development onto Sand Cove Road in ~lose proximity to the railway tracks, Rocky Terrace, Seacliff Drive and Molson Avenue; Mr. Thompson's proposal before the Planning Advisory Committee to provide two parking spaces per unit and the residents' concern that street parking will occur in the, area of the proposed development; the lack of play or recreation areas for children, with the exception of a small area at Seawood School, which has resulted in near accidents with children on the roads going to and from school and increased vandalism in the area; and the attraction the proposed development will have to young families which will bring more children into the area. Mr. Vincent re-iterated the request for lower-density housing for,the area until the traffic and recreation systems are advanced to handle the numbers proposed and advised that the residents have been motivated into action by'their concern for the manner in which rapidly-increasing density has caused a very desirable residential area to begin to lose its character and for the increased problems that sewage, traffic and lack of recreation areas have caused. Mr. Vincent asked that the following persons (whose letters he previously submitted to Council) be given an opportunity to address Council, namely: Alison L. Hannah,Secretary of Duck Cove Community Association; A. H. (Tony) Doucette, President of Annbeth Holdings Inc.; and Carmel Murphy of 929 Rocky Bluff Terrace. At the Mayor's request, Mr. Brown listed several of the 93 permitted light industrial uses for which the property could be used following which the Mayor noted that, as Deputy Mayor Gould was indicating, there are certain things which can happen now with respect to the ~ubj,ect property, such as an autobody salvage operation, which is certainly not what the area residents would want, to which Mr. Vincent replied that the residents have closely considered this situation with the difficulty being that the residents do not want to be forced to accept a development which they regard as unfitting simply because a possible alternative or threat may be in the offing and suggested that it is interesting to note that none of the permitted developments have occurred to date. Mr. Vincent; replying,to a,query of Councillor Davis, clarified that there is nothing in the residents' submission which takes the position that Manford Thompson is not a quality builder and added that Mr. Thompson is regarded as a good builder.' Councillor Davis suggested that the opposition presented is different from other presentations to Council in that Mr. vincent's presentation is opposing the upgrading of the zoning from Light Industrial to Residential and expressed the opinion that $60,000.00 fo~ a dwelling in the vicinity of railway tracks and a warehouse is ample, and further that there is adequate space for the proposed development, which Mr. Thompson plans, to complete ,in two phases of fourteen and sixteen units, respectively. Councillor ,Rogers asked the frequency of use of the railway and the number of railway cars involved 'to which Mr. Vincent replied that it is the main CPR line to the West Side of the City, which brings in at least two trains per day, and at this time of year as the use of the Port increases it is not unusual to have in excess of 100 cars ,to a train; however, the significance of this issue is that there is a double track in the area. which is used for switching trains and that traffic disturbance often occurs during the time when residents are driving to work in the morning. Co~ncillor Schermerhorn asked if,the residents have given consideration to the fact that the proposed re-zoning would create a buffer zone to the already- existing industrial zone in the surrounding area and suggested that persons may not want to invest in the property for single-family dwellings to which Mr. Vincent replied that the residents are confident that any development in the area will be residential and low-density as the demand in the area is so high that people will pay the price to locate therein and the industrial area to the rear of the subject site consists of Sears warehouse which ,is a relatively-light industrial use and the property concerned is relatively small and would not create a large area buffer in any event. Councillor A. Vincent asked if the application for re-zoning is properly and legally before Common Council in view of the reference in the submitted Planning Branch report to the effect that the owner is c..E, Barbour .Co, Ltd. on the basis that, if negotiations fail between Barbours and Mr. Thompson, Council would be re-zoning Barbour's property, to which Mr. Rodgers replied that the owner or a person with an option has a right to apply forre~zoning and that the application indicates that Manford M. Thompson Construction Company Limited.is the owner of the property and suggested that Council could'ask Mr.~hompson,who is present in the Council Chamber, hat interest,he has in the property.' Replying to the Hayor's query, Mr. Thompson ~dvised that he has signed a purchase and sale agreement on the property. Mrs. Alison L. Hannah appeared in opposition to the proposed amendment on ehalf of the Duck Cove Community Association which represents residents of Seacliff rive, Duck Cove Lane, Cherry Tree Lane and Seawood Lane, and expressed concern that here is a potential for sewerage problems as well as severe traffic problems along and Cove Road and at the Bleury Street-Sand ,Cove Road intersection if thirty townhouses re constructed at 780 Sand Cove Road. Mrs. Hannah also expressed concern that no teps have been taken to provide adequate recreation facilities for the number of hildren in the area which, has ,led to a dramatic increase in vandalism and advised hat the residents would like to, see the site re-zoned for single-family residence in eeping with the 'character of, the neighbourhood and, failing this, the number of ownhouses should not be allowed to exceed 14 or 15 units. . I I . I . I . Mr. A. H. (Tony), Doucette appeared i'n opposition to the proposed amendment n behalf of Annbeth Holdings Incorporated, the homeowners association of Thompson lace on Molson Avenue, and expressed c.oncern to the proposed development of the ubject site because of the possible negative effect on property values, the extra oad on an already-inadequate' sewerage system, general change in the quality of life 'n the area and traffic and parking, and, in advising that his residence at 6 Thompson lace was the site of a backup of raw sewerage approximately a year and a half ago, sked that the sewerage problem be rectified prior to further action. '. ~ ~ iii.. 100 ,""lIIIl Mrs. Carmel Murphy appeared on behalf of the residents of Rocky Bluff Terrace in opposition to the proposed re-zoning and, advised that her primary concern is for the safety of the children walking to and from school and playing in the area . and that the proposed development would contribute adversely to an already-hazardous traffic situation and ,aiso expressed concern with regard to parking problems which could result and respecting-the sewerage problem. Mrs. Murphy suggested that the development of the site with six to eight.'units cifsingle-'family dwellings would continue the character of the neighbourhood, lessen a growing traffic problem and not put the strain on the present 'sewerage line that'the proposed 30-unit townhouse development would. Deputy Mayor Gould filed with the Common Clerk a letter he received from Brian and Jennifer MacNeil of 860 Sand Cove Road expressing opposition to the proposed re-zoning of the property on the northeast corner of Molson Avenue and Sand Cove Road. Mr. Manford M. Thompson appeared in support of his application for re- zoning and; having described the proposed development, read letters (which he subsequently filed with the Common Clerk) from Nrs. Helen vv.. Ellis of 787 Sand Cove Road, Mrs. Ruth C. Kristofferson of 810 Sand Cove Road and Mr. and Mrs. Perry Janes of 952 Seacliff Drive, expressing support of his application. Mr. Thompson expressed the opinion that the proposed development would enhance the property'values in the area and advised that at the existing time the assessments of the properties in the area range from $43,000.00 to $73,000.00 and, with regard to developing the property into single-family lots, advised that the land is much too 'valuable to divide irito six to eight individual lots as each would have to sell in the range of $30,000.00 to $40,000.00 which no one would be willing to pay on'the basis that the lots would only have a 60- foot frontage and are located adjacent to a railway track and warehouse. Councillor'Schermerhorn referred to the 1987 sewer proposal and asked if it would pose any problem to Mr. Thompson if he were required to delay his development in order to hook-up to the new 'sewer to which Mr. Thompson replied that'he would be willing to install the sewer line at his own expense providing the City pays for the piping material, manholes and any paving repair that is required to replace the street which would consist of approximately 394 feet of 12~inch storm drain with two or three manholes and labour at'acost of'$14,000.00 to $15,000.00. Hr. Robichaud confirmed that Mr. Thompson's estimate is close to the City's estimate which, including asphalt reinstatement, is approximately $27,000.00 and advised that, if council approves the installation of the sewer in the spring of 1987"the work would commence in May with the design completed during the forthcoming winter. Councillor Rogers asked if Mr. Thompson would be willing to meet with City staff and the residents of the area in an attempt to reach a comprom1seOn the development of the property to which Mr. Thompson replied that it would be possible for him to do so; however, the problem he is facing is the cost per utiitin that if the number of units is reduced the cost per unit is increased as the land purchase cost and cost of landscaping, paving and servicing remain the same. Councillor Knibbadvised that, during the recent tour provided Council members by Canada Mortgage and Housing Corporation, Thompson Place was pointed out as ahighly~desirable housing deve~opment. Mr. Thompson confirmed Councillor MaCDougall's observation that the commencement date for Phase I of the proposed development is March 1987, consisting of 14 units, and advised that his market survey indicates that there is a market for the 30 units proposed and that, although he would have no problem if the condition were attached that the units could not be occupied prior to the sewer matter being, resolved, he would lose three months of the best part of the building season if the condition is attached prohibiting him from even commencing the development until ,the problem is resolved. Mr.-RobiChaud clarified that the City is proposing to install a sewer to alleviate the existing problem and that Mr. Thompson proposes to install an extension of that system immediately adjacent to the subject site which would be part and parcel of his drainage and servicing system which would have to meet with the City's approval. Councillor Vaughan questioned the traffic'problem and snow removal situation to which Mr. Robichaud replied that staff does not feel 'there will be a traffic problem in the area and, if a problem did occur, there are methods of handling the problem, such as lights, crosswalks, etc. .and confirmed that sidewalk plowing is given the same priority as any other area in: which a school exists and that the City's proposed purchase of two additional sidewalk snowblowers should improve the service. Mr. Thompson, replying to a query of Councillor M. Vincent,confirmed that he would be willing to compromise by reducing the number of units to '26 and allow additional parking spaces and a larger play area if the City is willing to install the curb and sidewalk along Sand Cove Road and Molson Avenue, for example, which would offset the cost of the units so that he would not have to increase the selling price of same. The Mayor asked if the proposed development meets the parking requirements to which Mr. Brown replied that Mr. Thompson's development is exceeding the requirements of the, Zoning By-Law. On motion of Councillor Knibb '-1 ~ , I . I . I . -~ I""" ..; 1U1 On motion of Councillor 'MacDou~all . Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table until the appropriate members of City staff meet with the builder and representatives of the area residents and submit a further recommendation to Council. Deputy Mayor Gould asked what ,additional information is needed by Councillor MacDougall to which Councillor MacDougall replied that in his opinion it seems as if a compromise can be reached. 1- - ~ Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Gould, Knibb, Schermerhorn and Vaughan voting "nay". Councillor A. Vincent proposed that the application be denied whereupon the Mayor noted that there is a motion on the floor and Deputy Mayor Gould expressed opposition to the proposed re-zoning on the general principle that townhouses should not be placed in an area of single-family dwellings, and Councillor M. Vincent expressed opposition to the re-zoning on the issue of density which, in his opinion, was the most valid point raised by both sides. ' 1 Question being taken, the motion was lost with Councillors Gould, Flewwelling, MacDougall, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by 'Councillor Vaughan , RESOLVED that the correspondence regarding the application of Manford M. Thompson Construction Company Limited to re-zone an approximate 2.8 acre parcel of land located on the northeast corner of Molson Avenue and Sand Cove Road be received and filed. . Question being taken, the motion was carried. ' (Councillor M. vincent withdrew from the meeting.) The Council meeting resumed following a brief recess. The Common Clerk advised that the necessary advertising was completed with regard to re-zoning a portion of two lots located at 810 and 820 Sand Cove Road (L.R.I.S. Numbers 386276 and 392043, respectively), from "I-I" Light Industrial to "R-IB" One-Family Residential classification, to place the area'in a zone which is in conformity with the present use, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. I" Consideration was given to a letter from the Planning Advisory Committee recommending that the portions of two lots located at 810 and 820 Sand Cove Road (L.R.I.S. Numbers 386276 and 372043, respectively) be re-zon.ed from "I-I" Light Industrial to "R-IB" One-Family Residential classification. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning the portions of two lots located at 810 and 820 Sand Cove Road (L.R. I.S. Numbers 386276 and 372043, respectively), from "1"'1" Light Industrial. to "R-IB" One-Family Residential classification, be read a first time. . Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1- Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar asit concerns re-zoning the portions of two lots located at 810 and 820 Sand Cove Road (L.R.LS. Numbers 386276 and 372043, respectively)" from "I-I" Light Industrial to "R-IB" One-Family Residential classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding..the above-proposed amendment be received and filed. Question being taken, the motion was carried. . Public presentation was made, of a"proposedMunicipal plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a 32 acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863), previously the site of the Dr. William F. Roberts Hospital School, from Major Institutional to District Centre Commercial classification, to permit.the're-zoning of' the property' to an "ID" Integrated Development zone to permit the development of the Maritime Opportunity Centre which will include a trade centre, a training school (with accommodation) meeting rooms, offices and ..... ~ lJ2 craft production areas in the existing building, as requested by Mr. Ken Biron, Biron Engineering Ltd. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letters from Mayor Wayne submitting a letter from Christopher Bergeron and a letter from Miss Ann W. Gilbert regarding Sunday openings be received and filed with appreciation and a copy be forwarded with the other correspondence in this regard to the Province and the local Members of the Legislative Assembly., Her Worship the Mayor requested statement with regard to the Tariff Board December '2; 1986 'at which representatives attendance. permission to read into the record a hearing to be held in Ottawa, Ontario, of the City of Saint John will be in C""''2.ll'J -I ----- Question being taken, the motion was carried. on On motion of Councillor Gould the agenda for consideration at this time. I Question being taken, the motion ,was carried. Her Worship the 'Mayor referred to Council!s discussion on November 17, 1986 concerning the effect of an inclfase in the raw sugar tariff which could well result in the closure of ' Lan tic Sugar Limited i~ Saint John and; reading from a prepared statement, suggested that it is timely for council to clearly mobilize public support for a policy which assists all Canadians and is fair to everyone rather than a policy which extracts an extremely heavy price throughout the Maritime Provinces, and commented . on the serious negative impact the proposed sugar tariff will have ,on the future of several industries in the area. The Mayor requested that members of the business community and the citizens of the Atlantic Region ,forward letters objecting to the proposed tariff to the Prime Minister, the Federal 'Minister of Finance and to their local Member of Parliament to make them aware ,that they cannot live with a business decision which affects the' economic 'future of the area for the business pleasure of those who live in other parts of Canada. (Councillor M.Vincent entered the meeting during the foregoing remarks.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following items, which were considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting, namely:- the City Manager's recommendation with regard to the Lancaster sewage treatment plant expansion and a proposed agreement with the parking Commission and Brunswick Square Limited. /~I ------~ ~.-- Question being taken, the motion was carried. - Read a letter from the City Manager advising that, in formulating the submitted 1987 Operating Budget, administration was guided by three over-riding principles, namely:- (1) to continue to deliver quality municipal services to the citizens of Saint'John, (2) to present a' budget which is progressive and forward- looking as the City confronts the future economic and social challenges and (3) to produce a budget which is sensitive to the need for fiscal responsibility and prudence; noting that the City's gross budget for 1987 is $71,491,150.00, an actual increase of . $3,290,323.00 or 4.8% over 1986, with all City Departments having been requested to adhere to a guideline ~ncrease of 4% over 1986 budgets for personnel and zero increase for all other expenditures which-provided for funds for initiatives in several riority areas; also advising that the 1987 Operating Budget contains funds designed to meet and, in some cases, exceed the service delivery levels of previous years and that sufficient funds will be made available to ensure a high level of green space aintenance, to increase sidewalk and street repair and ,to purchase additional equipment to improve snow removal, refuse collection and general maintenance activities and, as ell, considerable additional funds h~ve been included to support and enhance the services provided by the Fire and Police Departments; and also advising that the 1987 I udget provides a number of initiatives designed to reflect a progressive and results- riented local government with a significant portion of the budget directed towards romotion of the economic well-being of,the City and the entire metropolitan area by, or example, including, increased funding for the Tourism Department so as to continue 'ts pursuit of the increasingly~important visitor and convention market, by commitments f $75,000.00, ~60,000.OG, $95,000.00 and $10,000.00 to Festival By The Sea, the ajor Tournament Committee, Loyalist Days Inc. and the Piper's Salute, respectively, nd by maintaining the high level of support for the promotion and marketing efforts f the Port Development Commission and the Trade and Convention Centre, as well as I he funding to establish the City's new Economic Development Department and, with egard to future planning and development, the budget recognizes the need to. come to ' _. rips with thefifteen-year-old Municipal Development plan and accordingly provides unds to initiate a set of strategies designed to shape and guide the future growth f the community and also provides funds for a new heritage planner position and 'ncreased support of the Preservatiop Review Board, and, in recognition of the importance f its people and the need 'for tecl'mologicOl,lly up-to-dateequ;ipment, funds are available o support training for employees'so Ol,S to ensUre the further enhancement of the;ir kills and performance and, as well, fund~ will be expended to ensure that the data rocessing systems keep pace with the organizational requirements and provide the nvironment essential for productivity arid efficiency, and noting that the, City's . hare of the operating costs for Market ~quare is projected to be down by almost ~ "" " , " r.- "--0 )'.;;,~-~:, ~ o.:J $100,000.00 in 1987. With respect ~o fiscal responsibility, the letter reports that the combination of rigorous management practices and extensive budgetar1~' review has enabled staff to recommend to council that the 1987 tax rate for the City of Saint John be reduced to 1.549 cents per $100.00 of asse~sment and that fiscal services, which have increased by ,2.6% over 1986, provides for $1,295,000;00 of capital projects to be financed in one year with 59% relating to principal repayment and 41% relating to short- and long-term interest expenses; advises that ,tax revenues are higher because the City's tax base increase of 5.2% is higher than projected and funding under the new Unconditional Grant Formula has exceeded the City's expectations with the 6% increase having given the City approximately $550,000.00 more than would have been the case under the old formula and recommends that,the Budget, Warrant and Tax Rate, as indicated in the submitted resolutions, be adopted. . I On motion of Councillor ,Schermerhorn Seconded by Councillor Flewwelling, RESOLVED that the amount of $71,491,150.00 be adopted as the estimate required for the operation of the City of Saint John for the year 1987 as follows:, I General Government Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation, & Cultural Services Fiscal Services $ 6,030,550.00 23,120,675.00 17,386,200.00 1,299,200.00 6,863,800.00 6,314,725.00 10,476,000.00 $71,491,150.00 - a more detailed breakdown of the above estimate is attached and forms a part of these minutes. . Mr. Wilson, referring to graphic charts (copies of which were distributed to Council members), commented on the tax rate for the past six years, a change in the trend with respect to repayment of the City's financial debt and interest thereon in that in 1987 more will be paid on the debt than on interest and referred to projections in this regard, and the breakdown of ,services, and noted that a pamphlet on the 1987 budget is available with copies to be distributed to homeowners in the City. Discussion ensued during which time the Mayor commended staff and Council for their professional approach to the budget and Councillor Rogers noted that, although the Rockwood Park downhill ski operation has been cut from the 1987 budget, Council plans to review this decision in 1987. ' I Question being taken, the motion wascatried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan 'RESOLVED that the amount of $6,139,374.00 be adopted as the estimate for Non-Tax Revenue for the year 1987, a more detailed breakdown of this estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the provincial Unconditional Grant of $28,667,193.00 be incorporated in the 1987 budget. . Question being taken, the motion was carried. On motion of councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1987 be adopted in the amount of $36,684,583.00. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan , RESOLVED that the rate at which the amounts comprising the above estimates is to be levied, be fixed at $1.549 on each $100.00 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of The City of SairitJohn. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager submitting a report from the Commissioner of Finance with respect to the 1987 Operating Budget of the Water and Sewerage utility, advising that the budget reflects the ongoing objective of improving operating efficiency and that the operating expense increase from $7,205,119.00 to $7,452,100.00, an increase of 3.4%, results primarily from the wage settlement for Local 18 employees and inflationary increases in the cost of such items as chlorine, supplies and power, and that the increase in'fiscal services from $5,293,800.00 to $5,641,700.00, an increase of 6.6%, is'the result of an extensive capital program in both 1985 and 1986 which has led to an increased level of bonding by the utility in 1986; also advising that the combination of increases in operating expenses and fiscal services will require an additional $850,361.00 of revenue in 1987 in order ll.... """IIIl 104 for the utility to break even of 'which $115,300.00 will be obtained from charges to the General Fund for 'storm sewers and fire protection, $6,000.00 from,miscellaneous revenue sources and the balance of $729,061.00 from the Utility's customers which will mean a monthly increase of $1.46 to the flat rate water and sewerage customer who normally pays within the discount period, the bi-monthly billing to increase from $32.54 to $35.46 while, on an annual basis, 'the total cost of water and sewerage will have risen from'$195.24to ,$2i2.76,"or$17.52, which can be entirely avoided if the customer takes advantage of the early payment plan, and proposing that the service connection fees as stipulat.edin Sectiori.'2, subsection 3 of the Water and Sewerage By-Law be increased, such fees having remained constant since 1981 and no longer bear any' relationship to the costs being incurred by'the utility to provide the connection, such fees not being applicable to connections 'in 'the newer subdivisions where the developers are responsible for providing services to' the property line in the first place, and submitting three recCl'mmendations for Council's consideration. On motion of Councillor Rogers . I Seconded by Councillor Knibb RESOLVED that the estimate of revenue for the Water and Sewerage Utility for the year 1987 in the amount of $13,093,800.00 be adopted, a more detailed breakdown of the said estiinateis attached and forms a part of these minutes: AND FURTHER that the estimate of expenses for the Water and Sewerage Utility for the year 1987 in the 'amount of $13,093,800.00 be adopted, a more detailed breakdown of the said estimate is attached and forms a part'of these minutes. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water&, Sewerage", be read a first time. . Read a first time, the 'by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage"., Question being taken, the motion was carried. On motion of Councillor" Schermerhorn, Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Hater & Sewerage", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting I Water & Sewerage". Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould , RESOLVED that as recommended by the City Manager, the following amounts for which appropriation has been made in the 1987 budget be approved, the payment of which shall be by installment or otherwise, at the discretion of the Commissioner of Finance, during 1987:- Health Organizations Victorian Order of Nurses $ 4,000.00 . Welfare Organizations Salvation Army Family Services of Saint John Inc. Canadian Red Cross Society Saint John Human, Development Council Saint John,Volunteer Centre Inc. 2,000.00 12,000.00 4,000.00 21,000.00 3,500.00 Educational Grants University of New, Brunswick" 50,000.00 I Recreational and cultural Services New Brunswick Museum 41,700.00 Other Clock Upkeep Senior Citizen Housing Martinon Community Recreation Centre Saint John Boys & Girls Club Saint John YM-YWCA New Brunswick Historical Society New Brunswick, Youth Orchestra Recreation - Outside ,Tournaments Grants Not Specified National Youth Orchestra, , Senior ,Citizens ,-Transit Rental Subsidies , Senior Citizen Centre Saint John Parking Commission Saint John Fundy Region Development Major ,Tournament Committee 625.00 20,000.00 2,000.00 84,000.00 31,500.00 1,000.00 800.00 5,000.00 42,000.00 200.00 50,000.00 40,000.00 9,500.00 115,000.00 commissionrnc. 72,500.00 60,000.00 ,1 . ....l ,...- ':.- .:.......; 105 Deficits & Operating Expenses Lord Beaverbrook Rink Horticultural Association Saint John Free public Library - Operating Subsidy Cherry Brook Zoo Loyalist Days Inc. Animal & Pest Control Saint John Transit Commission - Operating Loss - Fiscai Charges Market Square Administration Trade and Convention Centre Common Area Costs - Market Square Canada Games Aquatic Centre Aitken Bicentennial Exhibition Centre Pipers Salute Festival By The Sea - Festival sur mer, Inc. 131,900.00' 100,500.00 195,700.00 84,000.00 95,000.00 162,200.00 1,415,700.00 540,100.00 213,000.00 401,300.00 3,258,000.00 450,000.00 170,000.00 10,000.00 75,000.00 . I ~ Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Vaughan RESOLVED Manager, authority be granted for payment of the Stephen Paving (1982) Ltd. - supply of asphalt that as recommended by the City following invoice, namely:- November 19-25, 1986 $16,378.15 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. McAllister Industrial Park Water System Improvements -Water Reservoir Horton C.B.I. Ltd. Original estimated value of 'contract - City's share Total work done, Estimate Number 5 Total work done, Estimate Number '5 - City's share (28%) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated November 25, 1986 Final holdback release $123,564.00 440,963.00 123,469.64 Nil 104,949.19 $ 18,520.45 I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor,Knibb RESOLVED that as recommended by the City Manager, contract 86-30, Park Street pump station" mechanical and electrical renewal, be awarded to the low tenderer, H. D. MacMackin Ltd., at the tendered price of $22,180.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. ., , . Question being taken, the motion was carried. . . Read a letter from the City Manager advising that staff has been requested to look at the possibility of providing a drop-off and pick-up zone adjacent to the Harbourside apartment building, including the senior citizens residence, for the benefit of senior citizens and union Street has been ruled out for this purpose because the Fire Department requires the entire street width as a fire access route to the apartments and to the York Point condominiums; proposing that a drop-off and pick-up zone with a 30-minuteparking limit be installed to allow for a parking zone on the west side of Smythe Street alongside the apartments without, in any way, impeding access to commercial land uses, but that overnight parking be prohibited in the same area and also that the remaining portions of the street be designated as no parking areas; and recommending that the submitted Traffic By-Law amendment be given first and second readings and referred to the Legal Department for appropriate action. I On motion of Councillor Schermerhorn I Seconded by CounciliorKnibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a ,first time. Read a first time the by-law entitled" "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To end A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The uthority Of The Motor Vehicle Act, -1973", be read a second time and referred to the egal Department for appropriate action. ... "'lIIIl luG Read a second time the by-law entitled; "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carri'ed. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers , RESOLVED that as recommended by the City Manager, Common Council resolution of October 20, 1986 concerning the sale of properties to Saint John Non-Profit Housing Inc. be' amended by changing the property address from 226-228 Duke Streetto'266-268 Duke Street. Question being taken, the motion was carried. I ..... On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager noting that Council, in committing its $100,000.00 pledge of support to Festival By The Sea - Festival sur mer, Inc. in' 1986, requested that two senior City staff persons be appointed to non-voting positions on the Board of Directors and that the Commissioner of Finance and Director of Tourism were so 'named; suggesting that, as the annual meeting' of Festival By The Sea took place on November 18 and in view of the City's proposed financial commitment to the 1987 Festival, Council may wish to again appoint representatives of the administra.tion to the new Board of Directors, and recommending that Mr. Daryl Wilson and Ms. Yvonne Huntington-LeBlanc be appointed as City representatives to the 1987 Festival By The Sea Board of Directors -- be received and filed and the recommendation adopted. I' Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn, RESOLVED that as recommended by the City Manager, Crandall and Associates Ltd. be engaged to provide complete engineering services for the Lancaster sewage treatment plant expansion. Mr. Robichaud, replying to a query of Councillor Knibb, advised that it is anticipated that the project will commence in the summer of 1987 with completion in 1988. Question being taken, 'the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Davis RESOLVED that the Mayor and Common Clerk be authorized to execute a lease agreement with the Saint John parking Commission and Brunswick Square Limited with respect to'the Chipman Hill Parking Garage. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting the appropriate amendment to the Traffic By-Law with respect to parking on Rothesay Avenue, such amendment having been given first and second readings at Council's meeting of November 24, 1986. On motion of Councillor H. vincent . Seconded by Councillor Schermerhorn , RESOLVED that the by-law entitled, "A By-Law To Amend A By~Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The.Motor Vehicle Act; 1973''', with respect to parking on Rothesay Avenue, be read a third ~ime and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled""A By-Law To Amend A By-taw Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety. 'I Councillor Vaughan advised that one of the automobile dealers on Rothesay Avenue has a problem with unloading, not with respect to large vehicles but with small vehicles delivering batteries" equipment etc., which must park adjacent to the front door for ten to fifteen minutes and a problem will result from the proposed By- Law amendment as, if these small vehicles are required, to unload"at the back of the building, the equipment etc. will then have to be carried to the front of the building, I and asked if it would be possible to permit parking on Rothesay Avenue for a limited amount of ,time in order to allow access to the business. Mr. Robichaud expressed the opinion that, with the large volume of high-speed traffic on Rothesay Avenue, it would ~e extremely dangerous to allow parking on the street. Councillor Vaughan aske~ 1f an amendment to the By-Law is in order at this time to which Mr. Rodgers r,;,pl1ed that, alth~ugh an ~mendment to the third reading is not in order, if Council w1shes to delay th1rd read1ng and suggesta.redrafting of the By-Law amendment it can be examined. , ' On motion of Councillor Vaughan Seconded by Councillor A. Vincent ,RESOLVED. that the above matter be laid on . ..... II""" , ., 107 . the table for one week pending parking on Rothesay Avenue for same. examination 'to determine if there is a way to allow, a short period of time for the businesses which requ1re I h tabling motion was carried with Councillors Question being taken, t e Davis, MacDougall, Schermerhorn and M. Vincent voting "nay". Consideration was given to a letter from the City So~icitor regarding th,;, f R t Act which was the subject of a letter from the C1ty Manager to Counc11 Day~ 0 mbes 24 1986 noting that Section 4 of the Days of Rest Act prohi~its an~ o~rs~~eone~und~y fro~ carrying on or transacting,v~r~ous activitie~ or do~ng ~ar~ous business activities as well as specifically proh1b1t1ng the operat10~ of reta1~ t businesses while subsection 4(3) makes some ex~ptions and, that Sect10n 5 of t ';'lAC gives to the municipality the power and discret10n to J?e~lt,by by-law al~ reta1 businesses to operate within the boundaries of the mun7c1pal1ty on Sunday, al~o , noting that the provincial~Municipal Council's lett,;,r 1S ~or the p~rpose,of f1nd1ng, out from the municipalities if they are interested 1n hav1ng the ~l~cre~l~n t~ p,;,rm1t the opening of retail establishments on Sunday and, if enough mU~lc1pal1t7es 1nd1cate they do not wish to have the right to permi~ ~he openin'if of,reta11 establ1s~ments on Sunday, it appears as if the Provincial-Mun1c1pal Counc11 w111 be,recommend1ng ~o the, Provincial Government that the Days of Rest Act be amended by tak1ng away the d1scret10nary right that presently exists under Section 5 of the Act and, ~f the Act is amende~ by deleting Section 5, the municipalities will not be involved 1n the Sund~y,Ope~a~lon of retail businesses; and concluding that, presently under the Act, mun1c1pal1t1es may become involved if they so wish by permitting retail businesses to operate on Sunday. I - Councillor Schermerhorn suggested that, while a proper motion to supp~rt Sunday closing is necessary and although Council does not want to,give away a r1ght it might not get back, Council d~es not want the law rel~x~d b~t ~t ~as ~o prOblem , with the deletion of the discret10nary powers of the mun1C1pal1ty Wh1Ch 1S now prov1ded for in the Days of Rest Act. . On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the Provincial-Municipal Council be advised that the Common Council of the City of Saint John is of the opinion that the Days of Rest Act should continue with a change that would not allow the municipalities the right to make exceptions to the Act. I Councillor Vaughan clarified her motion to mean that the Days of Rest Act should be enforced with no exception. Deputy Mayor Gould asked if the above motion gives up any power whiCh the municipality curently has to which Mr. Rodgers noted that the motion proposes to advise the PrOVincial-Municipal Council that Common ouncil is in favour of giving up the power which it currently has under the Act to ermit retail businesses to open on Sunday if Council wishes to do so and added that, Ithough currently Sunday opening is prohibited under the Act, the municipality has he discretion to permit retail establishments to be open. Mr. Rodgers also noted hat the Provincial-Municipal Council is asking if Council wants to retain the discretion r give it up so that the Act prohibits Sunday opening and the municipality cannot ermit it. Councillor Davis expressed the opinion that the City should protect its uthority to make exceptions to the Days of Rest Act and asked why the City of Saint ohn should care if retail establishments are open in the surrounding areas. The ayor suggested that, at the present time, Council might be in a stronger position to upport the Days of Rest Act as it now stands. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the above matter be laid on the able for one week with the City Manager and appropriate staff to contact Mr. H. eBlanc to determine the intent of the request of the provincial-Municipal Council. Question being taken, the tabling motion wa~ carried. Read report of the Committee of the Whole (as fOllows) I To the COMMONCOUNGIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat, on November 24, 1986, when ere were present Mayor Ivayne and Councillors Davis, Flewwelling, Gould, Knibb, cDougall, Rogers, SChermerhorn, Vaughan and A. Vincent, and your Committee submits t e following recommendations, namely:- I 1 ,That as recommended by the City Manager, (1) ,the necessary advertising be a thor1zed to close the fire lane lying south of Rothesay Avenue and between Marlborough Avenue and Rockwood Avenue and (2) upon successful closing of the fire lane, the land be transferred to the following owners to be added to their adjoining property: (a) Part "A" to Lounsbury Industrial Limited, (b) Part "B" to James Gerald O'Leary and other parties who have an interest in the lot identified as L.R.I.S. Number 306977, (c) Part "c" to Eastmount Holdings and (d) Part "D" to 'patricia Cormier, and (3) the acquisition cost of the land will be equal to the costs incurred by the City during t~e,closing and subdivision of the land and will be paid totally by Lounsbury Industrial L1m1ted, the $1.500.00 deposit to be used as a partial payment at the time of transfer. 2. Ryan the price of That as recommended by the City Manager, the City acquire from Mrs. Mary property on First Loch Lomond Lake, known as L.R.I.S. Number 353136, for a $18,000.00. . .... "'lIIl 108 3. That with regard to the request of Super Slide Lt~. for th~ ~itY,to consider purchasing the waterslide facility at Rockwood Park or cons1der prov1d1ng 1nsurance coverage, Council adopt the recommendation of the City rla~age~ that Mr. Ivan c~urt, Vice President of Super Slide Ltd., be advised that the C1ty 1S unable to,prov1de, , insurance coverage for this facility and that the City is not interested 1n purchas1ng the waterslide facility. That as recommended by the City Manager, Clause 3 of Common cou~cil resolution ~f September 22, 1986 concerning the lease of additional ~and on Sand:(po1nt Road to NB Tel be amended to specify a 10-year renewal at a negot1ated rent w1th the renewal to include a clause allowing cancellation by either party on six-months written notice. . December 1, 1986, Saint John, N. B. 5. That as recommended by the City Manager, Common Council resolution of, d d November 6, 1972 regarding the policy for insurance agents' co~issions be reSC1n e and the practice of having insurance advisory boards be discont1nued. Respectfully submitted, Elsie E. Wayne, C h air man. I ~ (sgd. ) On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be Question being taken, the motion was carried. On motion of Coun'cillor Gould , , adopted. Seconded by Councillor Rogers . RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section 3 of the above report be Question being taken, the motion was carried. On motion of Councillor Gould I report be adopted. Seconded by Councillor Schermerhorn RESOLVED, that section 4 of the above Question being taken, the motion was carried. On motion of Councillor Schermerhorn be adopted. Seconded by Councillor Vaughan RESOLVED that section 5 of the above report Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb , RESOLVED that as recommended by the Planning dvisory Committee, (1) Common Council assent to the subdivision of the land at 3135 och Lomond Road shown in the plan entitled "Subdivision plan _ Loch View Estates _ aritime Sod Ltd.", dated October 20, 1986 in the manner illustrated thereon and also ssent to one or more subdivision plans corresponding to one or more phases of the rea shown on the said Subdivision Plan; (2) that the sum of $3,000.00 be accepted as oney-in-lieu of land for public purposes and (3) that Common Council authorize the reparation and execution of a City/Developer subdivision agreement to ensure the rovision of the required services. I' Question being taken, the motion was carried. o On motion of Councillor Schermerhorn o Seconded by Councillor Knibb , RESOLVED that the letter from the Planning dvisory Committee submitting a report from the Planning Branch advising that the aint John Fundy Region Development Commission is proposing to create a lot on McIlveen rive, as illustrated on the submitted map, whiCh could be approved by'the Development fficer without ,the Committee and Council's involvement if overhead power and telephone ines 'and an easement for these were not involved and that 'the reason for the request or overhead power and telephone installations is that the cost of underground services s exceedingly high; noting that Common Council approved a similar request in August 985 for a development, in the Industrial'Park in Lorneville; and recommending that 1) Common Council permit overhead power and telephone lines within a 6 meter wide asement to the rear of lot 86-1 and (2) Common Council as pent to the subdivision I . o '.... II""" ...--.-..:t 109 plan showing the 6 meter wide easement in favour of the,p~wer of Saint John and the New Brunswick Telephone Company L1m1ted filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn commission of the City -- be received and . I Seconded by'Councillor Rogers , , , RESOLVED that the memorandum from the C1t1es of New Brunswick Association advising that the 1987 Winter General Meeti~g of the Association will take place in Saint John on February 13 and 14 at the H11ton Hotel, and all resolutions to be considered at the meeting must be submitted to the Execut1ve Director's Office by January 23 at the latest be referred to the City Manager and staff and Council Committee for consideration of resolutions. Deputy Mayor Gould, Council's representative on the Cities of New Brunswick Association's Resolution Committee, advised that the Committee met on November 20 at which time it prepared guidelines and rules which will be circulated to all Cities in the Province for review and response. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Canada Safety Council submitting information on National Safe Driving Week 1986, which is scheduled for December 1 to 7, the theme for the week being "Safety Is A Shared Responsibility - Drive Defensively" -- be received and filed and Council support Safe Driving Week. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from Mr. william F. O'Connell of 60 Mecklenburg Street expressing concern with regard to the plan of the City of Saint John to establish a housing project for low-income families in the South End of the City on the basis that, while he cannot quarrel with the need for nor the desirability of subsidized housing for certain families, the centralization of large amounts of this type of housing in the South End will detract not only from the advances and improvements that have been achieved in the South End over the last number of years, but also will have an adverse effect on the central core improvements upon which the City has been expending large amounts of money, and urging Council to review this project and to reconsider the manner of locating these subsidized units within the confines of the South End and also to review the income ceiling for eligibility for these units as, in his opinion, the maximum family income of $18,000.00 which qualifies for this housing, leaves eligible for this type of housing, Unemployment I~s~rance and Welfare recipients while eliminating from eligibility certain employed C1t1zens who would earn marginally over the $18,000.00 limit -- be referred to the City Manager and Saint John Non-Profit Housing Inc. . Councillor Knibb, in expressing concern about the attitude of Saint John residents with respect to townhouses and the implication that families with an $18,000.00 income are not desirable in an area, suggested that the above letter should be received ~nd filed and Mr. O'Connell be thanked for his interest and advised that the City 1ntends to upgrade housing in the City through Saint John Non-Profit Housing Inc. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I YJzaA~ fA: '/h<<rdL ommon Clerk I <j -., b " . Il.... "'lIIIl 110 ".Ata meeting of the Common Council, held at the City Hall in the City of Saint John, on Honday" the eighth day of December,' A.D. 1986, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan" A. 'Vinc.ent, and M. Vincent - and - Messrs. R. S; Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant city Manager ~ Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commis- sioner of, Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Com- missioner of Housing & Renewal Services and Property Management; P. Groody, COllUllissionerof Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; C. E.Nicolle, Director of Recreation and Parks; M. Hanlon, purc.hasing Agent; J. Johnson, Building Inspector; Mrs. M. Munford, Common' Clerk; and C. Joyce, Assistant Common Clerk. I I Captain Bruce Smith of the Anglican Church Army offered the opening prayer. ,On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on December 1, 1986, be approved. Question being taken, the motion was carried. . Her Worship the Mayor advised that she has requested Councillor Vaughan to co-ordinate the 1987 City Hall tree lighting ceremony in view of the fact that this event is becoming so large based on the number in attendance at the December 5, 1986 tree lighting ceremony. On motion of Councillor Gould Seconded by Counc.illor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. -supply .of asphalt November 26-December 2,1986 $24,521.02 ,', Question being taken,the motion was carried. (Councillors Knibband A.' Vincent entered the meeting.) I On motion of Councillor Flewwelling 1. Champlain Street and Fairville Boulevard Que-Mar Construction ,(Maritimes) Limited Original estimated value of contract Total work done,Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated November 27, 1986 Final holdback release $153,280.00 129,610.00 Nil 110,168.50 . $ 19,441.50 2. Ludlow Street VI. E. Kelly Ltd. Retaining wall reconstruction Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously 'approved Sum recommended for payment, Progress Estimate Number 4, dated December 3, 1986 Partial holdback release $ 47,619.00 I 39,126.73 100.00 36,051.43 $ 2,975.30 I $ 93,602.00 84,615.81 Nil 71,639.52 $ 12,976.29 . 3. Elliott Row Manatec Ltd. Concrete curb and asphalt sidewalk reconstruction Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended ,for payment, Progress Estimate Number 4, dated December 2, 1986 Final holdback release ..... ~ , , " 11 1 4. Concrete Work 1986 - Phase I Que Mar Construction (Maritimes) Limited Original estimated value of concrete Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6; dated December 3, 1986 Final holdback release $157,501. 60 167,666.05 Nil 164,287.42 $ 3,378.63 . Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment Ltd., in the amount of $89,990.00 plus provincial sales tax, be accepted for the supply of two sidewalk tractors complete with snow blowers, plough and sweeper attachments. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding the request to Council on May 20, 1986 of Mr. Walter Gray for ~ change in the parking regulation outside his store at 297 Charlotte S~r,;,et toprov1de fo: store customers..parking only between 7:00'a.m. to'lO:OO p.m.; adv1s1ng that the 1~-m1nute, parking zone was implemented by Council after Mr. Gray had requested a park1n~ ar,;,a for customers at that location and his problem now is that not all those park1ng 1n this zone are customers of his store; stating'that it is impossible for the City to comply with Mr. Gray's request as,although the City can regulate parking on streets, it cannot reserve the parking ,on:, 'streets for a particular class of people such as Mr. Gray's customers; and concluding that the present 15-minute regulation is the most that can be done to ensure a reasonable turnaround of parkers at this location -- be received and filed and a copy be forwarded to Mr. Gray. Question being taken, the motion was carried. On,motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to the presentation of Mr. Louis E. Murphy, M.L.A. Saint John Harbour, on November 3, 1986, at which time he re-iterated his previous request to have stop signs placed on Dever Road in order to give right-of-way at the intersection to traffic on Greenhead Road, the previous request having been responded to by the City Manager in a report to Council on January 6, 1986, and also requested that a flashing light be installed on Church Avenue in front of the Lancaster Baptist Church; advising that a January 1986 evaluation of traffic in the area was substantiated by traffic surveys conducted this summer which indicated that a reversal of the existing right-Of-way signage at the intersection was not a better situation and would inconvenience the majority of motorists and likely increase the accident experience and also clearly indicated that there has been a decrease in traffic on Greenhead Road and a correspondingly higher increase on Dever Road and, in addition, traffic volumes do not meet the warrants for traffic signals; 'suggesting that, if traffic increases, ,signals can be considered as the most viable 'method of controlling the right-Of-way preferences 'at the intersection; stating that existing right-of-way signage should remain in place at the intersection of Dever 'Road and Greenhead Road because it causes the least delay and best serves the majority of drivers; also advising that, with respect to a flashing light on Church Avenue, the Police Department responded to a similar request from the Church in the spring of this year by monitoring the location on three separate occasions and the conclusion was that there is no problem at this location and a flashing light is not warranted; and recommending that the existing signage at the intersection of Dever and Greenhead Roads remain __ be received and filed and the recommendation adopted. I I "nayll. Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Schermerhorn I Seconded by Council'lor'Rogers RESOLVED that the letter from the City Manager submitting a report ,from the Assistant City Manager - Operations advising that,' further to a request at a recent Council meeting for a report on the Marsh Creek aintenance program, a thorough inspection of the Marsh Creek channel, flood control facilities and storm sewer inlets and outlets has been completed and that it is the in~ent to continue activity of this nature in future years with approximately $40,000.00 ~e1ng budgeted yearly for the required activities; explaining the type of work performed 1n the area and conchding that this work will not eliminate flooding in the Glen aIls area but will certainly reduce the extent and number of'times flooding occurs __ e received and filed. , The Mayor asked for a staff report at'thenext'meeting on the status of he Simpson Drive property in response to Councillor A. Vincent's question with egard to what, if any, action has ,been taken by staff to have the owner clean up his property. ' . Question being taken, the motion was carried. ..... ~ 112 Read a letter from the City Manager advising of a request from Mr. James S. Dobbin, solicitor for Union Realty Limited, for an easement permitting the encroachment of the Union Realty Limited building at 211-213 Union Street, and recommending adoption of the submitted resolution which was prepared by the Legal Department. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and in. consideration of the payment of one dollar ($1.00), the Mayor and Common Clerk be authorized to execute an easement in favour of Union Realty Limited to permit the encroachment upon Union Street of its building situate at 211-213 Union Street, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. I .... consideration was given toa letter from the City 11anager advising of a request from Mr. Lynn Nason, solicitor for Cowie & Son Ltd., for an easement permitting the encroachment of the client's building at 61 King Street, and recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn ,I~, , - Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager and inconsideration of the payment of one dollar ($1.00), the Mayor and Common Clerk be authorized to execute an easement in favour of Cowie & Son Ltd. to permit the encroachment upon King Street of its building situate at 61 King street, such easement to ,terminate with the destruction or removal of the encroachment. Councillor Knibb asked why long-standing encroachments of the above nature would need to be approved by Council to ,which Mr. Rodgers confirmed Mr. Clark's response that Council's action is to correct a long-standing ~ncroachment discovered by survey when such property is changing ownership. . Question being taken, the motion was carried. Her Worship the Mayor read a proclamation proclaiming December 10, 1986 to be Human Rights Day i~ the City of Saint John. Read a letter from the City Manager regarding third reading of a proposed Traffic By-Law amendment prohibiting parking on both sides of Rothesay Avenue, which was tabled on .December 1, 1986 pending investigation of a report of difficulties which would be experienced by a business on Rothesay Avenue; advising that, although there is no doubt that implementation of the parking restriction will cause some inconvenience to Quigg Motors, which is the business in question, the continued I existence of parking at this location will cause inconvenience and hazard to the increasing volume of traffic on Rothesay Avenue, and recommending that Council proceed with third reading of the Traffic By-Law amendment. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be taken from the table: AND FURTHER that the by-lawentitled,"A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Rothesay Avenue, be read a third time and enacted and the Corporate Common Seal be affixed thereto. It was noted that the above by-law was read in its entirety on December 1, . 1986. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding Itr. F. Wayne Jones' letter submitted to Council on November 24, 1986 by the Mayor concerning snow removal on Bardsley Avenue, advising that Mansfield Street is a priority 2 in the plow route and therefore is treated as a higher priority than Bardsley Avenue, whiCh is a priority 4 on the route, such priorities based on traffic flows and the importance of a street in the overall street system and, since Bardsley Avenue is a dead-end street, it receives low priority; also advising that a new snow removal plan is at present being prepared and concluding that, in general, priority 1 streets consist of main arterials, bus routes and access to hospital, etc., priority 2 routes are collector streets, priority 3 routes are local streets and priority 4 routes are low-traffic areas, dead-end street, etc. -- be received and filed and a copy be forwarded to Mr. Jones. I I Question being taken, the motion was carried. Consideration was given to a, letter from the City' Manager regarding contract 86-16, crackfilling asphalt sidewalks, Council having tabled a report from the City Manager in this regard on November 24, 1986 for further information regarding the project; explaining that,the scope of the contract. involves the l?outing, cleaning and sealing of random and straight cracks in aSphalt pavement on portions Of the streets indicated, the purpose of the work being to eliminate the entrance of water through . the pavement to the sub-surface in an attempt to prevent the occurrence of potholes and major deterioration of the street surface, such work being of a rather specialized ..... II""": 113 . nature requiring special equipment and which has been an ongoing program since 1983 with a limited number of contractors who perform this type of work; noting other projects completed by Road Savers Maritimes Limited, the c~mp~ny awa~ded the 1986 , contract, and advising that, although the company had no d1ff1culty 1n regard to b1d bonds, performance bonds or labour and material payment bonds, its insurance company would not provide coverage for completed operations liability and, because not all of the insurance required by the specification was provided, the City was unable to execute the contract; also advising that this item of insurance has always been a requirement,of the City's specifications and the same difficulty was experienced on two other contracts during 1986, the North South Arterial Contract 86-13, performed by Standard paving Maritime Limited and valued at approximately $528,000.00, and Bentley Street contract 86-20, performed by Gulf Operators Limited and valued at approximately $83,000.00; suggesting that this type of prOblem with insurance may be symptomatic of liability insurance problems in the construction industry, and recommending that the previous letter from the City Manager be taken from the table and the recommendation contained therein be approved. I ~ On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling I RESOLVED that the above matter be taken from the table: AND FURTHER that as recommended by the City Manager, contract 86-16, crackfilling asphalt pavements, awarded by Council on July 6, 1986 to Road Savers Maritime Limited, be deferred until the 1987 construction season and included in the 1987 Capital Program to be carried out in late spring with completion date being June 1, 1987, the prices stated in the tender to remain the same and all bonds and insurance documents to be updated before commencing work in 1987, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents accordingly. . Question being taken, the motion was carried. The, Mayor advised that the City Manager has requested that the third reading of the proposed Traffic ByLaw amendment with regard to parking on Smythe Street be withdrawn from the agenda until the next meeting. On motion of Councillor A. vincent Seconded'by Councillor Gould RESOLVED that the above matter be laid on the table until the next meeting. ,Question being taken, the tabling motion was carried. I On motion of Councillor Schermerhorn The by-law entitled, "A Law To Amend The Municipal Plan ByLaw", was read in its entirety. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn I AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be on condition that' (a)" the use of the property is restricted to the existing two-family house and a 375 square foot shop in the garage for the sale and service of locks, safes and related items and (b) signs be limited to one facia sign of not more than 12 square feet located on the face of the garage over the entrance to the shop. The by-law entitled,"By-Law Number C.P. 100~93 A Law To Amend The Zoning By-Law", was read in its entirety. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . ------- Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-94 A Law To Amend The Zoning By~Law", insofar as it concerns re- zoning a portion of two lots located at 810 and 820 Sand Cove Road (L.R.I.S. Numbers 386276 and 392043, respectively), from'''I-l'' Light 'Industrial" to "R-lB" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law NumberC'.P. 100..94 A Law To Amend The Zoning ll.. ~ .; 114 By-Law"" was read in its entirety. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn " Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports 1- Your Committee begs leave to report that it sat on December 1, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the following recommendation of the Nominating Committee be adopted, namely:- (a) that Mr. Gerald Peer be appointed to the Planning Advisory Committee for a term to expire December 31, 1987, replacing Hr. William J. Dolan who has resigned. . 2. That as recommended by the City Manager, an amount of $30,000.00 from the Land Subdivision Trust Fund be used in 1987 towards meeting the unmet needs of Recreation and Parks that would meet the criteria as laid down in the Community Planning Act. 3. That as recommended by the City Manager, the City lease approximately 3,794 square feet of space at 320 Charlotte Street from Broadview Developments Limited at an annual rent of $5,691.00 plus a proportionate share of the real property taxes and the maintenance of the sprinkler system, the rent to be paid monthly, in advance, with the share of the designated expenses to be paid once a year and to be calculated as the ratio of the rental value of this space to the total rental value of the property. I' 4. That an amount of $5,000.00 be approved for the temporary establishment of the Saint John Sports Hall of Fame in the Lord Beaverbrook Rink building. December 8, 1986, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Hayne, C h air man. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section lof the above report be Question being taken, the motion was carried. . On motion of Councillor Rogers report be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Schermerhorn ~~I adopted. Seconded by Councillor Knibb RESOLVED that section 3 of, the above report be Question being taken, the motion was carried. I On motion of Councillor Schermerhorn adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that .the letter from The Heritage Canada Foundation expressing the opinion that, having reviewed the proposal . ~ II""" 1~5 of the Concerned Citizens for Heritage in saint John outlining a comprehensive program for heritage preservation entitled, "Residential Incentive Grants for our Heritage Tomorrow", which was presented to Council on September 22, 1986, a program such as the RIGHT Program would bring direct and immediate results in the overall attempt of Saint John to promote and maintain its heritage resources and that the proposal is especially desirable because it is oriented to what the individual property owner and the resident can do with a minimal amount of administration by the City; and, in expressing support for the RIGHT program proposal, calls upon the Mayor and Council to give it their serious consideration -- be received and filed and the RIGHT Program proposal be referred to the City Manager and Preservation Review Board to investigate the possibility of establishing this program and report to Council. .' I Question being taken, the motion was carried. On motion of Councillor Rogers I Seconded by Councillor Flewwelling RESOLVED that the letter from Saint John Heritage Trust Inc. and the letter from Mr. John B.D. Logan, the former expressing interest in the proposed infill housing project about to be undertaken by Saint John Non-Profit Housing Inc. and requesting information which is available on this project; the latter referring to his previous letter to the Mayor in which he expresses concern that a family income ceiling of $18,000.00 was being established for prospective tenants -- be referred to the City Manager, for a report to Council and to Saint John Non-Profit Housing Inc. Discussion ensued during which time Councillor Knibb, a member of Saint John Non-Profit Housing Inc., advised that 'the Planning Advisory Committee will consider on December 9, 1986 the Company's application for variances with respect to the proposed infill housing project and the Mayor advised that the City Manager wishes in the near future to discuss privately with Council the matter of housing. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Kennebecasis Investments Ltd. advising that it is ready to proceed with development of Phase 3 Stage 1 of the Bonnacord Subdivision off Loch Lomond Road and requesting Council's approval of cost sharing and a GRIP grant -- be referred to the City Manager for investigation and a recommendation. Councillor A. Vincent asked for an up-to-date report on the status of the GRIP program and Deputy Mayor Gould asked the amount of GRIP funds still uncommitted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Hughes Surveys & Consultants Ltd., on behalf of Kent Homes Limited, developers of Highlands of Lancaster, requesting assistance in the form of cost sharing in a manner similar to the provisions of the present Subdivision By-Law,and that Council enter into an agreement as outlined so that a further application can be processed under the GRIP program, application for which has been filed with the Deputy Commissioner of Housing & Renewal Services and Property Management -- be referred to the City Manager for investigation and a recommendation. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I' Seconded by Councillor Rogers RESOLVED that the letter from the Muslim Association of New Brunswick requesting the City to ditch along the road in the area of its prayer hall at 1100 Old Rothesay Road and to provide culverts for the driveway so that rainwater which runs along the road can be directed into the nearby brook, and also requesting that, as quite frequently services are held on early mornings and late at night, Council approve the installation of street lights to lessen the risk of traffic accidents -- be referred to the City Manager for review and a recommendation. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Schermerhorn I Seconded by,Councillor M. Vincent RESOLVED that the letter from Mr. J. Morrison, Chairman of the 1986 Canadian Association of Fire Chiefs Convention, expressing appreciation for Council's approval on September 16, 1986 of $20,000.00 in this regard, and requesting assistance with the one remaining expense, namely, an amount of $5,077.61 to Keystone Printing & Lithographing Ltd. -- be received and filed and Council approve payment of the stated amount. Question being taken, the motion was Carried. On motion of Councillor Schermerhorn . Seconded by Council;J,or F;Lewwelling RESOLVED that tbts meettngbe adjOurned. Questionpetng taken, the motion was carried. ~%1y. ~d' Co n Clerk ... 116. Saint At a meeting of the Common Council, held at the City Hall John, on Honday, the fifteenth day of December, A.D. 1986, at in the City of 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. vincent - and - Messrs. R. 8. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, cOI!lffiissioner of Finance; S. Bedford, Deputy Commissioner of Planning; W. D, Tod9, Deputy Commissioner of Housing & Renevlal Services and Property Management; P. Groody, cOI!lffiissioner of lIuman Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; II. Hanlon, Pl.lrchasing Agent,; J. Brownell, Assistant Director of Recreation; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Father Raymond Riley of St.,Rose's Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on December 8,1986, be approved. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land at the corner of Loch Lomond Road and lIickeyRoad (L.R.I.S. Number 5,5008817 and part of L.R.I.S. Number 426486) , having an area of 4.5,acres, from "sc" ShoPFing Centre to "B-2" General Business classification, and to re-zone a portion of the remaining lot with an area of 7.5 acres (part of L.R. I.S. Number 426486) from uB-2" General Business to "sc" Shopping Centre classification, to result in zoning as illustrated on the submitted plan, to permit the construction of a hardware store on the corner of Loch Lomond Road and Hickey Road which. was previously proposed to front on Loch Lomond Road, and to relocate a future shopping centre on the remaining lands, as requested by I~oose Mountain Farms Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that a portion of the lot having L.R.I.S. Number 426486 not zoned "sc" Shopping Centre be re-zoned to "se" Shopping Centre ,and that an area of land, approximately 4.5 acres, having L.R.I.S. Number,55008817 and part of L.R.I.S. Number 426486 be re- zoned from "SC" Shopping Centre to "B-2" General Business classification subject to an agreement pursuant to, Section 39 of the Community Planning Act which would (1) limit the development of the site to a hardware store as proposed by the applicant, (2) restrict the access to the street to those indicated in the applicant's proposal, (3) require a 6 meter (20 foot) setback from Hickey: Road of the lumber yard fence and the development and maintenance of a landscaped screen adjacent to the lumber yard suitable to the Deputy COI!lffiissioner of planning, (4) submission of plans to be approved by the Deputy Commissioner of Engineering which will indicate how storm water will be accommodated from the Loch Lomond Road frontage and along Hickey Road and construction by the applicant, (5) extension of curb, sidewalk on HiCkey Road to the north edge of the lumber compound, (6) require that a letter of credit be received equal to the value of the work to be done and (7) require the granting of necessary easements. Mr. John Cudmore appeared,on behalf of the applicant in support of the proposed re-zoning and advised that, subsequent to the Planning Advisory Committee meeting, he met with staff of the Engineerin" and Works Department with respect to the storm sewer and basically came to an agreement in terms of what has to be done, and also advised thatADI Limited, an engineering firm, is preparing a report to tell him exactly what is needed on the site to fulfill the terms set down by the Planning Advisory Committee, such report anticipated by January 15, 1987 and that the applicant will take whatever action is required in this regard. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a portion of the lot having L.R.I.S. Number 426486 on Loch Lomond Road at Hickey Road, not zoned "SC" Shopping Centre, to', "SC" Shopping Centre classification, .and re-zoning an area of land approximately 4.5 acres (L.R.I.S. Number 55008817 and part of L.R.I.S. Number 426486), from "SC".Shopping Centre, to "B-2" ,General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the ,Zoning By-Law of the City of saint John. ~ . I ... 1 . -I . ~ I I Mr. Bedford, replying to queries of Councillors Flewwelling and M. Vincent, clarified that, although the site', is already approved for a 'hardware store and plaza, the location of the hardware store is sited specifically and the applicant wants to '. adjust the location of the store on the site. Question being ta~en, the motion was carried. ~ ,.. 117 " On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the C~ty of Saint John insofar as it concerns re-zoning a portion of the lot having L.R.I.S. Number 426486 on Loch Lomond Road at Hickey Road, not zoned "sc" Shopping Centre, to "sc" Shopping Centre classification, and re-zoning an area of land approximately 4.5 acres (L.R.I.S. Number 55008817 and part of L.R.I.S. Number 426486), from "SC" Shopping Centre to "B-2" General Business classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb seconded by Councillor M. Vincent RESOLVED that the letter from the Planning above-proposed amendment be received and filed. I Advisory Committee regarding the Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the 'property at 155 Mystery Lake Drive, from "RM- 2" High-Rise Multiple Residential to "BR" Business Residential classification, to permit the establishment ,of a grocery store in the apartment building, as requested by KSM Enterprises Ltd'., and that no written objections were received in this regard. No persons were present with respect to the proposed re-zoning. . Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council re-zone the property at 155 Mystery Lake Drive from "RM-2'" High-Rise Multiple Residential to "BR" Business Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act whereby (a) in addition to the existing residential use of this building, the use of this building be restricted to one grocery store located on the second level, (b) the gross floor area of the grocery store not exceed 400 square feet, (c) signs advertising the grocery store be limited to one canopy/sign not exceeding 12 square feet placed over the exterior entrance to the store and (d) the driveways, parking lots and lawns on this property are not to be changed without first obtaining the written approval of the Department of Community Planning and Development. On motion of Councillor M. Vincent I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning the property at 155 Mystery Lake Drive, from "RM-2" High-Rise Multiple Residential to "BR" Business Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory committee, be read a first time. Read a first time the by-law to amend the zoning By-Law of the City of Saint John. . Councillor Schermerhorn asked if, in view of the proposed grocery store being part of an apartment building, there are fire code regulations which must be met for the construction of the store to which Mr. Clark replied that, if the above application is approved and the applicant applies for a building permit, he will be advised the requirements of the National Building Code and have to comply, and Mr. Bedford added that the space to be used for the convenience store was originally a recreation facility in the building; therefore, a building permit will be required for the necessary renovation. The Mayor, referring to the submitted staff report, asked if the above application meets any of the conditions of a convenience store as a permitted use in an "RM-2" zone to which Mr. Bedford replied thatthe application meets the conditions regarding the use not being above the second storey and the area not exceeding 6% of the gross floor area of the building; however, the requirements with regard to entry, signage and location from.another convenience store in the area have not been met, thus the reason for the application for re-zoning. I Question being taken, the motion was carried with the Mayor and Councillor Schermerhorn voting "nay". On motion of Councillor Knibb I Seconded by Councillor M. vincent RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John insofar as it concerns re-zoning the property at 155 Mystery Lake Drive, from "RN-2" High-Rise Multiple Residential to "BR" Business Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the zoning By-Law of the City of Saint John. Question being taken,.the ,motion was carried with the Mayor and Councillor Schermerhorn voting "nay". . On motion of Councillor ~nibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the .... 118 Planning Advisory Committee regarding the above-proposed amendment be 'd d filed. - rece1ve an Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard t~ the request of the Board of Directors of Saint John Central Business Development Corporat10nfor Common Council's approval of a budget for the designated Business Improvement Area, and ~hat no written objections were received in this regard. No persons were present w1th respect to the proposed budget. On motion of Councillor Knibb Seconded by Councillor Schermerhorn " RESOLVED that as requested by the Board D1rectors of Sa1nt ~ohn Central Business Development Corporation, Council approve budget for the Bus1ness Improvement Area as follows:- of the Revenue: Business Improvement Area Levy Interest Works Grants (Labour) Mainstreet Work Grant $150,746.00 8,000.00 4,000.00 55,000.00 $217,746.00 Expenses: Contract Fees IVages and Benefits Promotions Office and Postage Telephone Miscellaneous Meetings Travel and Entertainment Rent Office Equipment Insurance Dues' Special Projects Audit provincial Computer Assessment Contingency $ 33,000.00 16,000.00 52,000.00 8,000.00 2,500.00 1,300.00 1,000.00 1,500.00 2,400.00 5,000.00 2,500.00 500.00 77,000.00 1,300.00 9,000.00 4,746.00 $217,746.00 ~ . I I . Councillor Davis noted that, as indicated in the submitted correspondence I from the provincial Director of Assessment, the Business Improvement Area tax base . for 1987 has been amended to include the municipally-owned non-residential properties which were excluded from the initial base, which will increase the Business Improvement Levy thereby affecting the proposed levy of 9.5 cents per $100.00 of assessment for 1987, and he asked what action Council should take in this regard. Mr. Rodgers noted that the Business Improvement Levy By-Law requires three readings and that, if there is a change required, it can be made prior to third reading. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Business Improvement Levy By-Law be read a first time. Read a first time the Business Improvement Levy By-Law. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the Bpsiness Improvement Levy By-Law be read a second time. Read a second time the Business Improvement Levy By-Law. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent ,RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honourable MichaelE. Wilson, Federal Minister of Finance, in response to Common Council resolution of September 22, 1986 with regard to the tariff on English books and pamphlets which come into Canada, such resolution forwarded to the Minister by The Honourable Gerald S. Merrithew, Minister of State for Forestry, as advised by The Honourable Mr. Merrithew in his letter to Council on October 27, 1986; explaining that the action taken to reinstate tariffs on printed materia'l was one part of the Government's response' to, the decision taken by the united States to impose a tariff on Canadian red shakes and shingles and that Canada could not have imposed a duty on non-English language books without violating, its GATT commitment to maintain the free rate of duty on these products, and conclud1ng tha't the Government's action was designed to give notice that an escalation of the . I I . ~ ,...- 1.19 . I . I . I . I I . ... issue would be counterproductive, has indicated firmly that its preference is to settle the issue, is maintaining an ongoing review of developments while pressing the U.S. administration for a mutually satisfactory resolution and is also working with Canadian pUblishers and other sectors of the book industry to determine the economic impact of the reinstatement of these tariffs -- be received and filed. Councillor Schermerhorn suggested that the Mayor should request from The Honour,able Mr. Merrithew's Office information with respect to the GATT Agreement and the exclusion therefrom of English-language books. (Councillor A. Vincent entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Dr. Charles B. Schom, Co-Ordinator, Fundy Coast of The Governor General's Canadian Study Conference, advising. that the New Brunswick Study Tour will be in Saint John on June 7 to 9, 1987 and asking if the city would consider sponsoring a Sunday evening dinner at which the Mayor would bring greetings and welcome the Tour members -- be referred to the Grants Advisory Board. Question being taken, the motion, was carried. On motion of Councillor HacDougall Seconded by Councillor A. vincent. RESOLVED that the letter from Councillor MaCDougall recommending that the City of Saint John bring to the attention of the Minister of Labour the fact that several, employees of ~lother'sRestaurant, which closed in Market Square, were not paid their wages or employment benefits when the restaurant was closed, so that the Department of Labour can assist these workers in receiving fair and equitable consideration, -- b~ received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb ". RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. westmorland Road Storm Sewer Installation Gulf Operators Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention payments previously approved Sum recommended for payment, progress Estimate Number 4, dated December .8, 1986 Final holdback release 47,962.56 $160,074.00 188,697.28 Nil 140,734.72 2. Installation of Pressure Reducing Valves Campbell's Plumbing and Heating Limited Original estimated value of contract Total work done, Estimate Number 9 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 9, dated December 8, 1986 Final holdback release $ 32,640.00 35,690.00 Nil 29,978.65 $ 5,711.35 Councillor A. Vincent asked that, in future, staff include the engineer's estimate in the above reports. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the, tender of C.I.L. Inc." at the prices 'as quoted, be accepted for supplying liquid chlorine from January.,l, 1987 to September 30, 1937. Question being taken, the motion was carried. , Read a report from the City Manager recommending that the tender of Central castings Ltd., at the prices shown on the submitted bid summary, be accepted for supplying municipal castings for the year 1987 on an as-required basis. On motion of Councillor Knibb Seconded by Councillor A. Vincent , RESOLVED the tender for supplying the 1987 municipal casting requirements be awarded to the local tenderer, namely, Saint John Foundry Ltd., and that the purchasing Agent be instructed to attempt to extend the 10% discount beyond January 31, 1987. Councillor M. Vincent asked the monetary difference between Central Castings Ltd.'s tender and that of the above company to which Mr. Hanlon replied that acceptance ~ 120 of the, above tender,would mean an additiona~ $7,200.00, the low bidder's tender amount~ng t? approx1~ate~y $65,000.00, an approximate 11% increase. Councillor Davis asked 1f t~lS takes 1nto cons~deration the 10% ~€ount offered by Saint John Foundry Ltd. to Wh1Ch Mr. Hanlon repl1ed that staff does/anticipate a need for castings bef?re,the end of February 1987; therefore, the 10% discount would not be effective as 1t 1s,offer,;,d on orders plac,;,d in JanuarY,1987 and delivered prior to February 28, 1987. D1SCUSS10n ensued regard1ng the quant1ty of municipal castings required yearly, the a~ount of space which the castings occupy thereby making storage of a large quant1ty a problem and Council~or Knibb's suggestion that the Works Department could perhaps come to an agreement w1th the local company that, if a firm order is placed the c?mpany could store the' castings 'until required by :the"City to which Mr. Hanlon' quest10ned the propriety of negotiating with one company after the tender has been closed. . Davis, Question being taken, ,the motion was ,carried with the, Mayor and Councillors Flewwelling, MaCDougall and Schermerhorn voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn " RESOLVED that the letter from the City Manager submitting in response to Council's query of December 8, 1986 a progress report from the Deputy Commissioner of Housing & Renewal Services and property Management I on the Greater Residential Incentive Program, advising that $1,574,154.00 has been committed from the budget allocation,of $2 million and that'actual expenditures will only be known when construction actually takes place and final assessments are available, and also advising that, of the nine developments for which GRIP funding has been approved, five are presently under construction -- be received and filed and staff be commended for instituting an excellent plan which hopefully-will produce a large number of houses in the City. ' Councillor Rogers asked if, in view of the new construction in the City, a market survey has been carried out with regard to occupancy., ~rental feasibility, the . number of dwellings purchased, the percentage sold and ,at what market value, etc. Mr. Clark replied that he does not consider it the City~s role to perform a market analysis to determine whether a particular project has been successful or who is occupying a project and the Mayor suggested that the developers would not build if they did not feel they had a market for the units.Councillor Rogers expressed concern that the City is expending funds for housing and there may not be persons to live in the units. Mr. Todd noted that GRIP funds ,'are' based on ,10% of the increase in assessment which the city will pay when the houses are actually built and whether or not the units are sold is a decision by the builder; however, as the program is reviewed over the next month to determine its success, if the market has a good supply of lots in the City this will have an effect on staff's recommendation for future GRIP funds. Councillor A. vincent asked if there is a time limit for,GEIP funds and asked if any of the nine applicants listed in the correspondence are disqualified to which Mr. Todd expressed the understanding that, although development on the land may not I actually have commenced, most of the applicants are at some stage of proceeding to permit that to happen and to permit a building permit to be taken out by June 1987 and advised that staff expects to submit a report on GRIP funds in January 1987. Councillor Vaughan made the observation that, regardless of whether or not the homes are sold, once constructed the developer must pay taxes thereon. Mr. Todd, replying to a query of Deputy Mayor Gould, advised ,that applications for the remaining $425,000.00 of uncommitted GRIP funds will be accepted up to December 31,..1986. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. 'Vincent EESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen paving' (1982) Ltd. .:.. supply of asphalt- December 3-9, 1986 $6,595.29 . Question being taken, the motion was carried. On motion of CouncillorSchermethorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, approval be granted for acceptance of a performance bond in the amount of $34,000.00 for the guarantee of rehabilitation of the gravel pit at 395 Manchester Avenue, owned by S.B. Enterprises Limited., 'I Councillor Flewwelling asked if the above bond is to rehabilitate the pit for removal of gravel or so that no more gravel can be taken therefrom to which Mr. Bedford replied that rehabilitation work is carried out in two. parts; one being that, as gravel is being drawn from the pit, moving from one area of the pit to another, the sides of the pit are arranged so that the slopes are stablizid; and in the final analysis, when the pit is finally completed, the total, pit is then shaped SO that the I,.,' slopes are safe and the slopes are then vegetated. Councillor Flewwelling expressed concern that the above pit has not been rehabilitated and is 'dangerous and Mr. Bedford confirmed that the site has been visited. councillor Flewwelling re-iterated that the graver pit is dangerous whereupon the Mayor suggested that the matter should be tabled for one week with staff to review the situation. On motion of Councillor FlewWellillg Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table for one weeK. Question being taKen, the tabling motion was'cariied. . ...4 ,.... 121 . The Mayor advised that the City Manager's letter regarding the Marsh Creek retaining wall.is to be withdrawn f~om the agenda for one week at the City Manager's request. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. I Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay':. The Mayor advised that the above matter is withdrawn from the agenda as another report is required. On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan for the Irving Oil Company Limited Subdivision at 605 Dever Road ,with respect to the proposed widening of Dever Road. Question being taken, the motion was carried'. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb , , RESOLVED that ,as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land at 377 Manchester Avenue, shown on the plan entitled, "Tentative Subdivision Plan - Glenwood Park", dated June 27, 1986, in the manner illustrated thereon, and also assent to one or more sUbdivision,plans corresponding to one or more phases of subdivisions of the area shown on the said Tentative plan and (2) that Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required municipal services. 'I Councillor Flewwelling suggested that staff should investigate the existing sewage system in view of his understanding that the holding tank does not have the capacity to accommodate additional housing and the Mayor asked if the City has budgeted for the small lift station that will be required to pump sewage to the existing pumping station; Mr. Robichaud advised that the small, lift station will be installed by the developer and confirmed that the existing City station at the edge of Manchester Avenue does have the capacity to handle the proposed development and concurred with Councillor Flewwelling's suggestion that the possibility of establishing a treatment facility in the area should be reviewed. Question being taken, the motion was carried. On motion of Councillor Knibb . Discussion ensued during which time the policy respecting private roads was broached and Councillor Schermerhorn proposed that staff's recommendation to the Planning Advisory Committee as indicated in (1) and (2) above should be included as part of the motion. ' ' Question being taken, the motion was carried. On motion of, Councillor Schermerhorn I Advisory purposes Rothesay Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Committee, the sum of $11,200.00 be accepted in lieu of land for public for lot 86-2 with regard to the Rocca Enterprises Ltd Subdivision at 410 Avenue. ' Question being taken, the motion was carried. On motion of Councillor Knibb I . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the execution of the required Developer/City Agreement with regard ,to a proposed parking lot at 23 Wellington Row, such agreement to require that (1) development be undertaken based on a modified staff proposal, .(2) a site grading plan be submitted and approved which will illustrate how surface run off will be satisfactorily accommodated on-site prior to use of the lot, (3), paving, concrete curbing and landscaping illustrated on the modified staff proposal be completed, by July 31, 1987 and (4) a letter of credit be submitted, equal to the value of work required, and valid for 2 months after the work is required to be completed, which will ensure the work is completed. Question being taken, the motion was carried. lio... """lIIIl 122 , , Cons1 erat10n was glven to a letter from the Planning Advisory Committee subm7tt7ng a repo:t prepared by Councillor Davis in response to a request from the Comm1ss10ner of F1nance, noting that Councillor Davis has estimated that attendance at Planning,Advisory Comm~tt,;,e meetings costs members an average of $15.00 per meeting . and request1ng that Counc11 1ncrease the amount paid to members of the Committee to $15.00 per meeting. Councillor Davis, a member of the Planning Advisory Conunittee, clarified that Committee members are presently paid $10.00 per meeting. On motion, of Councillor Schermerhorn Seconded by Councillor Gould , "RESOLVED that Council approve an increase in members of the Planning Advisory Conunittee to, $15.00 per meeting. I the amount paid to Question being taken, the motion was carried. On motion of Councillor Schermerhorn seconded by Councillor M. Vincent RESOLVED that the: letter from Mr. J. Fl'(nn, Chairman of the Major Tournament Committee, advising that the four applications Wh1Ch were forwarded by Council on October 20, 1986 to the Committee were dealt with in the following manner: (1) it appears that the application of Saint John James Ready Softball Championships was a request for giveaways, pins, etc., and this group did not suffer financially, (2) the Committee has already assisted the provincial Badminton Association International Tour, (3) the Committee has assisted the U16 Boys and Girls National Clubs and (4) the Saint John Sultans Ball Hockey Club requested travel assistance to Bridgewater, N.S., which does not fall within the Committee's guidelilfes -~. be received and filed. Question being taken, the motion was carried. Consideration was given to three letters from the City Manager (which were considered in C9mmittee of the Whole ear,lier this date)' regarding (1) 205 Charlotte Street, (2) the Tisdale Lane property and (3) the sale of Rockwood Court property. I . On motion of Councillor Rogers Seconded by Councillor Schermerhorn " , RESOLVED that as recommended by the City Manager ,th'i',land ,in the northeast. corner of Charlotte and Hatson Streets, Hest, identified as the, south half of Lot 308 Brooks Ward, be' sold to the present lessee, Marie petitpas',for$1,450;00' being 50'!; of the value of the City's interest. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVEDthat'as recommended by the City Manager, Common Council resolution of November 10, 1986 concerning the sale of property on Tisdale Lape to Mr., Hayne Doucette be' rescinded: AND FURTHER that'Mr. Wayne, Doucette be sold tpe land at the end of Tisdale Lane, being a portion of L.R.I.S. Numbers 415760, 55030878, 55030886, 55030894, 55030902 and 55030910, and identified as a building lot on a 'subdivision plan being prepared by Hughes surveys & Consultants Ltd.., the sale to take place under the following terms and conditions:-(l) the purchase price to be $3,000.00, (2) a subdivision plan will be prepared at the purchaser's eXPense showing the lot on which he intends to build and a cul-de-sac shown as public, (3) a development agreement will be signed . by .the purchaser to the effect that the water and sewer lines along Tisdale Lane will be extended at his expense to City standards and that the road extension and cul-de- sac will be built at his expense to the same standard as the existing Tisdale Lane, such development agreement to also specify that the house will be built in conformity to all relevant by-laws and regulations of the' City and will include a plot plan showing the location of the house on the new lot, (4) the transfer of the property will be dependent on the filing of the subdivision plan and the signing of the development agreement and will take place prior to February 28, 1987 and, if for any reason, the subdivision plan is not filed by February 28, 1987, the sale will not take place and I' Mr. Doucette's deposit' will be returned; however, failure to sign the development agreement will result in the loss of his deposit, and (5) the deposit of 5% or $150.00 will be used as a partial payment when the transfer is completed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by Saint John Non- I profit Housing Inc., 1. (a) the City accept a second mortgage against Rockwood Court for $140,000.00 from Terism Sadera as security for funds not paid upon closing of the sale of the project to him; (b) payment in full including interest calculated'at the first mortgage rate will be due and payable on or before March 20, 1987; (c) Mr. Sadera will be responsible for all costs associated with the placing and discharge of'the mortgage; and . 2. Mr. Sadera's solicitor provide an undertaking that all the terms and conditions established by Montreal Trust for the release of the final $140,000.00 of the first mortgage will be satisfied. ~ "... ) 123 . I I . I . I , I . ... Question being taken,~~the motion was carried with Councillors Rogers and A. Vincent voting "nay". The Mayor noted that the matter of infill housing is withdrawn from the agenda and will be dealt with during the teach-in in this regard in Committee of the Whole later this date. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above matter be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Rogers Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Manford M. Thompson Construction Company Limited for the re-zoning of property at the corner of Sand Cove Road and Molson Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the pUblic hearing to be held on January 19, 1987. Question being taken, the motion was carried. Read a letter from Mr. Gerald T. Casey, solicitor for Manford M. Thompson Construction Company Limited, requesting that, due to the circumstances of re-zoning the property on the corner of Sand Cove Road and Molson Avenue, Council extend the GRIP grant for the proposed subdivision as it would be impossible to meet the deadline of December 31, 1986. Councillor Schermerhorn noted that the matter of GRIP grants was broached earlier this date in Committee of the Whole at which time two other requests such as that above were considered. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that requests for GRIP grants in process be considered as part of the GRIP program even though final approval may not be given until after the first of the year. Mr. Clark asked for clarification on whether or not the reference to applications in process refers to those in process or received by the end of the year to which Councillor Schermerhorn replied that in process means received by the end of the year. Mr. Todd noted that the practice to date has been to wait until Council has assented to a subdivision before processing the GRIP application and that, of the three or four which have not, been submitted to Council, two have submitted GRIP applications; therefore, in process could include the tentative plan stage, re-zoning etc. The Mayor noted that, in accordance with the City Manager's recommendation to Council in Committee of the Whole earlier this date, developers should be assured that the subdivision cost-Sharing and GRIP applications will be considered under current policy guidelines if they are received by the end of the year. , Question being taken, the motion was carried. -, c On motion'of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Gerald T. Casey, solicitor for Manford M. Thompson Construction Company Limited, regarding the extension of the deadline for GRIP grants -- be received and filed. Question being taken, the motion was carried. The Mayor commented on letters she received earlier this date from children of the area thanking the City and the Irvings for the Christmas trees and decorations in the City. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Y/;"1 W V,1/{/y;l,rL ommon Clerk ~ 124 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of December, A.D. 1986, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwellihg, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. N.Barfoot, Assistant City Manager - Administration; C. RObichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of' Planning; ~v. D. Todd,'Deputy Commissioner of Housing & Renewal Services and Property Management; R.G. Riley, Chief of, Police;.'R.,McDevitt, Fire Chief;'M. Hanlon, purchasing Agent; J. Brownell, Assistant Director of Recreation; J. Adam, Data Processing Manager; J. Levesque, Public Relations Manager; Ms.Y; Huntington-LeBlanc, Director of Tourism; Hiss L. Pach, Data Processing;.Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Hunford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I Reverend John Lownes of the Fundamental Baptist Church offered the ,open~ng prayer. On motion of Councillor Flewwelling . Question being taken, the motion was carried. Read a letter from Councillor Vaughan advising that it has been brought to her attention that the railway crossing on Chesley Drive is in a poor state of repair, causing problems for motor traffic passing over this railway crossing, and requesting that the Engineering and ~vorks Department take the necessary action to see that this problem is corrected early in the spring construction season. Councillor Vaughan expressed the understanding, based on discussion with City staff, that CN Rail is responsible for the railway crossing on Chesley Drive and suggested that action be taken by whoever is responsible to correct the problem. I On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above letter from Councillor Vaughan be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate; namely:- . 1. Rotary Admiral Beatty Complex Commercial Space - Improvements Donovan Associates Inc. Original value of contract Total work completed, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated December 18, 1986 Partial release of holdback $134,400.00 137,667.00 500.00 133,933.00 I F+ '" $ 3,234.00 Question being taken, the motion was carried. Read a letter from the City Manager regarding the acceptance of a performance bond for the rehabilitation of the gravelpit'at 395 Manchester Avenue, which was tabled at Council's last meeting, suggesting that the anticipated staff report with respect to the slopes of the pit and other matters raised by Council should not delay a decision to approve the performance bond for 1986, and recommending that the previous recommendation be taken from the table and adopted. I On motion of Councillor Gould taken from the table: Seconded by Councillor Schermerhorn RESOLVED that the above matter be . ~ II""" 125 . AND FURTHER that as recommended by the City Manager, approval be granted for acceptance of a performance bond in the amount of $34,000.00 for the rehabilitation of the gravel pit at 395 Manchester Avenue, owned by S. B. Enterprises Ltd. I Councillor Flewwelling asked why, as the gravel pit has been in operation, Council's approval is now being requested. to which Mr. Brown replied that performance bonds are current in the year for which they are applied and, in this particular case, the application was not made by the owner until almost the end of October, and advised his intent to submit to Council a detailed report on the above gravel pit in terms of its current status, h~w much more gravel should be extracted therefrom and remedial measures which must be carried out. Mr. Brown noted that the matter of gravel pits in the City is being reviewed with a report in this regard to be submitted to Council in early February 1987. (Councillor A. Vincent entered the meeting during the foregoing discussion.) I. Question being taken, the motion was carried. Read a letter from the City Manager submitting a report from the Building Inspector on the status of the retaining wall between Simpson Drive and RothesayAvenue which has been collapsing into Marsh Creek, which was questioned during Council's meeting of December 8, 1986; advising that, although the owner has not removed as much of the retaining wall as is felt appropriate, the Flood Risk Area By-Law would not require him to remove more than he has done to date and expressing the opinion that the general condition of the floodway in the vicinity of PFP Installations property is approximately in the same condition as prior to the By-Law's adoption with the only significant changes having resulted from this company's attempt to,remove some of the previous obstructions. . A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibbthat the City Manager's recommendation to receive and file the above report be adopted; however, the proposed motion was withdrawn with the consent of the mover and seconder during discussion of the regulation in the FlOOd Risk Area By-Law with respect to the removal of obstructions and Councillor Schermerhorn suggested that staff should submit a further report to Council on whether or not further action is required with regard to the floodway concerned, and the Mayor COncurred with Councillor A. Vincent's observation that, although there is no current problem caused by obstruction in the area, the problem will recur upon flooding conditions as the debris is still present on the site. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb 'RESOLVED that the above matter be referred o the City Manager for a further report to Council. Question being taken, the referral motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from the ity Manager advising that Vicmaur Limited, which entered in an agreement with he City on June 6, 1986 to develop the Sandalwood'Crescent Subdivision, has now ompleted part of the work which is estimated 'to be in 'the amount of $52,500.00, ith an estimated $70,000.00 of work yet to be completed, and recommending that, ursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the emaining work at Sandalwood Crescent Subdivision be ,reduced to $70,000.00 from he existing amount of $112,500.00 -- be received and filed 'and the recommendation dopted. Question being taken, the motion was carried. I Consideration was given to a letter from the City r1anager submitting a report from the ~eputy Commissioner' of HOusing, &,Renewal Services and Property Management relat1ng to the GRIP application of Mr; Thomas Smith for the Glenwood Park SUbdivision, advising that the initial grant is calculated to be $46 530.00 with the final actual grant to be available only upon completion of const;uction and assessment details and the terms of the grant will be included as part of a separate GRIP agreement and noting that Common Council authorized the execution of a subdivision agreement on December 15, 1986, 'and concurring with the recommendation of the Deputy Commissioner that the GRIP application be approved. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Schemerhorn I Seconded by Councillor Rogers RESOLVED that as recommended by the City anager, Common Council approve the GRIP application of Thomas Smith for Glenwood Park, with the estimated grant to be $46,530..00, and that the Mayor and Common Clerk be authorized to execute the GRIP agreement. Question being taken, the motion was carried. On motion of Councillor Schermerhorn' . Seconded by Councillor Knibb RESOLVED that the letter from the City ... ~ 126 Manager submitting a report from the Deputy Commissioner of Housing & Renewal Services and property Management advising that Rehabitat Inc., whiCh purchased the former Lancaster City Hall property upon approval by Council on October 20, 1986, does not anticipate that the survey plan separating out the adjacent playground area will be completed until mid-January and therefore will be unable to meet the closing date of December 31, 1986, and recommending that the closing date for the sale of the former Lancaster City Hall to Rehabitat Inc. be extended to January 31, 1987 -- be received and filed and the recommendation adopted. ' . Question being taken, the motion was carried with Councillor Rogers voting "nayl!. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a 20-foot sewer easement with an area of 1,608 square feet more or less be acquired over a property on LakeviewDrive owned by The Director Veteran's Land Act and occupied by Daryl S. Fraser for a price of $1,750.00 which includes his legal expenses. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager noting that Council in Committee of the Whole on March 24, 1986 approved the purchase of a second new ambulance which has now been received by the Regional Hospital, advising that the total cost of the ambulance was $34,726.35 and the City has received a grant from the Province of $13,000.00, leaving a net cost of $21,726.35, and recommending that approval be granted for payment of the invoice from the Saint John Regional Hospital in the amount of $34,726.35 -- be received and filed and the recommendation adopted. . (Councillor A. Vincent re-entered the meeting~) Councillor Rogers asked the number of ambulances at. the Saint John Regional Hospital and how many are in use to which Councillor Davis, a member of the Regional Hospital Board, replied that the four ambulances at the Hospital are used. Councillor MacDougall asked if a tender was advertised for the ambulance purchase to which Mr. Wilson replied that the Regional Hospital called tenders for the purchase and the amount above represents the low tender. Councillor M. Vincent asked if the grant of $13,000.00 is the maximum amount which the City can obtain from the Province to which Mr. Wilson replied that he is uncertain as to how the Province determines the amount and added that at one time the City received grants for half the amount of the ambulance cost. The Mayor asked if all municipalities are treated the same 'to which Councillor Davis replied that there is quite a variation whereupon the Mayor s~ggested that the City should again approach the Province in this regard and respecting the ambulance service as a whole on the basis that the Province should be paying the full amount of this medical service and to determine why the ambulance grant has decreased. Councillor Knibb asked if the above amount is part of the overall subsidy for which Council has budgeted to which Mr. Wilson replied in the affirmative providing that the ambulance rates are increased as recommend~d by the City Manager in a report to be considered later in this meeting. Councillor Knibb asked in whose name the ambulances are registered to which Mr. Barfoot replied that the ambulances are registered to; owned and operated by the Regional Hospital. ,Councillor Knibb suggested that, if Council decides to allocate one ambulance to a private group which made a'presentation to Council recently in Committee of the Whole, the Hospital will have to be told to return one ambulance to the City on the basis that the City has paid two-thirds of its cost to which Mr. Barfoot replied that it would be difficult to isolate one factor from the deficit in view of the fact that the City pays the deficit on the ambulance service, including the vehicle" maintenance, labour involved etc. Councillor A. Vincent suggested that staff should review the feasibility of using propane, rather than gasoline,operated,vehicles in the City. I . Question being taken, the motion was carried. I Consideration ,was given to a letter from the City Manager advising that seven proposals were received in'response to the City's r.equest for pro- posals for consulting services to assist in ,the development of a long-range plan for the City's information and data base requirements and that the Data Pro- cessing Steering Committee is recommending that the proposal from the DMR Group Inc. be accepted; also advising that the estimated cost of consulting services is $49,075.00, and recommending that DMR Group Inc. be appointed to provide consulting services in this regard. On motion of Councillor Schermerhorn I ,Seconded by Councillor, Knibb RESOLVED that as recommended by the City Manager, DMR Group Inc. be appointed to provide consulting services to assist in the development of an information management system. Councillor Flewwelling asked the composition of the Data Processing Stee:ing Comm~ttee to which Mr. Adam replied that. the Committee membership cons1sts of h1m and Messrs. Barfoot, Wilson, Robichaud and J. Johnson, Building Inspector. The Mayor commended staff on the video presentation shown to Council . " .~ JII"'" , 127 and staff earlier this date illustrating'peopleand technology working together within the City establishment. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb, RESOLVED that the letter from the City Manager submitting a report from the Commissioner of Finance and Manager of Data Processing Services with respect to the upgrading of the IBM System/36, advising that the proposed hardware purchase will ensure that the productivity gains and cost savings already achieved in some City departments will be able to be expanded and extended to other areas of the City, and recommending that the hardware listedfuerein be purchased from IBM Canada'Ltd. for $86,431.00, such amount excluding provincial sales tax -~ be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I . Seconded by Councillor Knibb RESOLVED that the le.tter from the City Manager submitting a report from the purchasing Agent regarding the tender for municipal castings, which was awarded by Council on December 15, 1986 to Saint John Foundry Ltd., advising that Mr. W. Dolan, Manager of the Foundry indicated that his company is prepared to comply with the City's request that the discount be extended for the full year of 1987 on condition that the major items in the list of products be ordered in minimum lots of 50 and that Mr. W. Butler, Chief Engineer of the Water Department, is able to meet this condition without undue prOblems, therefore, the discount will apply for the year, and addressing the matter of quantity delivery which was broached by Councillor Knibb -- be received and filed. I Councillor Knibb, in commenting on the quantity of municipal castings received by the City during January and February 1985 and 1986, asked why staff anti- cipates no need for castings before~the end of February 1987 to which Mr. Robichaud replied that the purchase of castings depends on the stock on hand and Mr. Hanlon added that stock levels at the present time are such that staff does not anticipate requiring any stock for the first three or four months of 1987,. Discussion ensued during which time Mr.' Hanlon clarified that, although past orders placed by the City with Saint John Foundry were in sufficient quantity, the Foundry delivered in small quantities and/or the City picked up castings in small quantities based on the Foundry's inability at that time to keep production up to the City's requirements, and the matter was broached regarding the option of Council to award tenders to local companies in instances where they do not submit the low tenders .and the Mayor suggested that Council should be provided with copies of the tendering procedure. Question being taken, ,the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letter from the City Manager submitting a report from the Deputy Commissioner of Housing & Renewal Services and property Management advising that, in accordance with Common Council resolution of December 15, 1986, the following subdivisions will qualify for GRIP funding: Duco Development, Highlands of Lancaster, Blue Heron, Bon Accord PH III Stage 1 and Hill- crest Village, and noting that at this point it is not possible to estimate the level of GRIP funds which will ,be available to each of these developments due to the lack of information on building permit values, servicing costs, etc. -- be received and filed. Question being taken, the motion was carried. (Councillors Schermerhorn and M. vincent withdrew from the meeting due to a possible conflict of inter~st.) I Read a letter from the City Solicitor advising that the pre-trial proceedings with regard to an action commenced by the City respecting the explosions and fires of April 1986 and the necessary examinations for discovery will be taking place early in the new year and that the costs associated with the services provided by consultants are part of the City's claim for recovery of costs, and recommending authorization for payment of the submitted invoices. On motion of Councillor Knibb I Seconded by Councillor Flewwelling , ' RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the following invoices with regard to the explosions and fires of April 1986, namely:- (1) SNC Inc. -$10,060.36, (2) William C. Viner - $3,787.61, (3) Water Management Services Limited - $8,077.38, and (4) Barry, O'Neil & Company - $16,945.09. . Councillor Knibb asked if additional information is available on the above invoices to which Mr. Rodgers replied that, although there are more details available for Council's review with respect to the SNC Inc. invoice, further information on the Viner and Water Management Services invoices would have to be requested from the firms concerned; however, !tr. T. O'Neil, Solicitor of the law firm of Barry, O'Neil & Company, upon submission of the invoices to the Legal Department, hqd no hesitation in saying that these expenses should be paid. It was noted that the reports of the City Manager and Norman E. Cooke regarding the explosion and fire were made public on September 8, 1986 and the Mayor suggested that Council should be updated in this regard. Question being taken, the motion was carried. ... ,~ 128 (Councillors Schermerhorn and 'M. Vincent re~entered the meeting.) On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-95 A Law To Amend The Zoning By-Law Of The City Of Saint John" insofar as it concerns re-zoning a p6rtion of ' the lot having L.R.I.S. Numbe~ 426486 on' Loch Lomond'Road at Hickey Road not zoned "sc" to "sc" Shopping Centre classification, and an'area of 'land containing approximately 4.5 acres (L.R.I.S. Number "-- 55008817 and part of L.R.I.S; Number 426486), from "sc" Shopping Centre to "B-2" General Business classification"be read a third time and enacted and the Corporate CbmmonSeal be affixed thereto: ".. ,AND'FURTHER that pursuant to Section 39 of the Community Planning Act, the ~aid"re-zoning be subject to an agreement which would (1) limit the development of the site to a hardware store as proposed by the applicant, (2) restrict the access to the street to those indicated in the applicant's proposal, '(3) require a 6 meter (20 foot) setback from Hickey Road of the lumber yard fence and the development and maintenance of a landscaped screen adjacent to the lumber yard suitable to the Deputy Commissioner of planning, (4) submission of plans to be approved by the Deputy Commissioner of Engineering which will indicate how storm water will be accommodated from the Loch Lomond Road frontage and along Hickey Road and construction by the applicant, (5) extension of curb, sidewalk on Hickey Road ,to the north edge of the lurnbercompound, (6) require that a letter of credit be received equal to the value of the work to be done and (7) require the granti'ng of necessary easements. I I The by-law entitled, "By-Law'Number C.P. 100-95 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. On motion of Councillor Knibb . Seconded by Councill?rRbgers '- , RESOLVED that the by-law entitled', "By-Law Number C.P. 100-96 A Law'To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at- 155 Mystery Lake Drive, from "RN-2" High-Rise Multiple Residential to "BR'" Business Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on condition that (a) in addition to the existing residential use of this building, the use of this building be restricted to one grocery store located on the second level, (b) the gross floor area of the grocery store not- exceed 400 square fee~, (c) signs advertising the grocery store be limited to one canopy/sign not exCeed1ng 12 square feet placed over the exterior entrance to the store and (d) t~e drivew~y?, parking, lots and lawns on this property are not to be changed without f1rst obta1n1ng the wr1tten approval of the Department of Community Planning and Development. ' ' I By-Law Of The by-law entitled, "By-Law Number C.P. 100-96 A Law To Amend The Zoning The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with the ~layor and Councillor Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED t~at the by-law entitled, 'ByLaw Number B-l09 Business Improvement Levy By-Law", be read a third time and nacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-l09 Business Improvement Levy By- read in its entirety. Mr. Wilson, replying to a query of Councillor SChermerhorn, clarifed that he amendment to the Business Improvement Area tax base for ,1987 does not affect the roposed levy of 9.5 cents per $lOO.OO'of assessment, and Councillor Knibb noted the resence in the ~ouncil Chamber of Mr. w. O'~lahony, Executive Director of the Saint ohn,Cent:-al ~us1ness,Development Corporation, and COmmended the Corporation for the est1ve llght1ng of K1ng Square. aw", was I Question being taken, the motion was carried. Read a letter f~om the, Common Clerk advising that, following the rocedure or am,;,ndments to ~heMun1cipal Plan, the necessary advertising and public Presentation edgard1ng the subm1tted application of Wayne Erb Builders Ltd have been comPPl t d that the requir d 't", , .' , , . e e 'tt b' ,e Wa1,lng per10d for Ob]ect10ns expired on December 17 1986 with wr1 en 0 ]ect10ns haV1ng been received. ' I On motion of Councillor Schermerhorn Seconded by Councillor Gould B ilders Ltd. for a Nunicipal Plan am~~~;~~~E~n~h;:_;~~i~~P~~c;:;~~r~~ :~y~~ ~~~on treet be referred to the Planning Advisory Committee for a report and recommendation . ,...,4 ,.... 129 and that the necessary advertising be authorized hearing to be held on February 2, 1987. , taken, the motion was carried. Question be1ng in this regard, with the public . I Read report of the Committee of the Whole (as follows) To the CO}1MON COUNCIL of the City of saint John The Committee of the Whole reports I Your Committee begs leave to report that,it there were present nayor l'layne and Councillors ?aV1s, MacDougall, Rogers, Schermerhorn',Vaughan, A. V1ncent submits the following recommendat10ns, namely:- That the Aquatic Centre Commission be requested to s~bsi~ize the saint ~~ndY Aquatic Club based on.the formula used for minor hockey 1n C1ty arenas, at thirds of the commercial rate to a maximum amount of $10,000.00. sat on December 15, Flewwelling, Gould, and M. Vincent, and 1986, when Knibb, your Committee John two- 2. charges That as recommended by the City Manager, the following ambulance user be adopted effective January 1, 1987: $75.00 for calls within the City of Saint John $75.00 plus $2.00 per mile both ways for calls outside the City of Saint John $75.00 for interhospital transfers. . Province of New Brunswick ,be, requested to inclu~e under Nedicare institutionalized patients requiring treatment 1n another hospital December 22, 1986, Saint JOhn, N. B. On motion of Councillor Knibb (sgd. ) Respectfully submitted, Elsie E. \'layne, C h a, i r r.r a n. I adopted. Seconded by Councillor Rogers RESOLVED that section 1 of the above report be . Question being taken, the motion was carried. A motion was proposed by Councillor Schermerhorn a~d sec~nded by Counc~llor MaCDougall that section 2 of the above report be adopted. D1Scus~10n ensu,;,d dur1ng which time Councillor Knibh expressed,oppositioll' to the 'proposed 1ncrease 1n ambulance rates on the basis that it will affect indigen~- persons as other ambulance users have a portion of the rate paid by insurance, and Councillor Vaughan expressed the understanding that the proposed rates are, in line with rates charged in other cities in the Province. The matter ofihterhospital transfer charges was broached and, upon several Council members expressing opposition to, the proposed increase on the basis that such a fee should be paid by t1edicare, the Mayor advised that Council will consider the ambulance rates in three motions. Mr. Wilson, replying to a query of Deputy Mayor Gould, advised that the Regional Hospital has informed the City that, if the ambulance rates do not increase, the 1987 deficit will be $255,000.00 and noted that $210,000.00 was provided in the City's 1987 budget on the basis that there would be either a;change in the service level or the rates and, according to Council's discussion with representatives of the Regional Hospital in Committee of the Whole on December 3, 1986, it appears as if the service level must be maintained; therefore, the proposed rate increase would reduce the deficit to slightly less than $200,000.00; therefore, in view of the ambulance purchase, if there is no rate increase, a deficit f $45,000.00 to $50,000.00 would result for which the City has not budgeted, and dded that he is unable to suggest to Council how the budget can be balanced without he propOsed rate increase. Councillor MaCDougall noted that a deficit of apprOXimately 0% would be'experienced even if ,the proposed rates are adopted and if all rates ' harged are collected and Suggested that the City should approach the Province for ssistance in this regard. Councillor rlacDougall also noted that Council did not dopt staff's recommendat.i,on for a rate increase in '1985 and that, while Saint John's mbulance servi~e is Superior to that of Fredericton and Moncton, the City's service as less expens1ve, and suggested that Council has three alternatives namely: (1) ecreas,;, ~he service, (2) increase the,rates to a r~asonable level co~parable to the the~ c1t1es, or (3) approach the Prov1nce to assume"a greater share of the ambulance erV1ce cost, ~articular~y interhos~ital transfer costs. Mr. Wilson, replying to a uerY,of Counc1l~or A. V1~cent, adv1sed that the Regional Hospital is of the opinion hat 1tS collect10n exper1ence with regard ,to ambulance fees is good on the basis that it cOl~ect~ approximately 35%, of all invoices; therefore, unpaid bills are not a large co~tr1but~ng factor to the ambulance deficit, and that such deficit is related to salar1es, ma1ntenance of the .vehicles, fuel, etc ;:', I I On motion of Councillor Schermerhorn . Seconded by Councillor MaCDOugall RESOLVED, that as recommended by the City user charge be adopted effective January 1, 1987: anager, the following ambulance' II.. ~ 1,30 $75.00 for calls within the City of Saint John. Question being taken, the motion was carried with Councillors Knibb and M. vincent voting "nay". . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the following ambulance user charge be adopted effective January 1, 1987: $75.00 plus $2.00 per mile both ways for calls outside the city of Saint John. Question being taken, the motion was carried with Councillors Knibb, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Flewwelling I' '.... Seconded by Councillor Gould , , RESOLVED that the recommendation of the C1ty Manager regarding a $75.00 ambulance user charge for,in~erhospital tra~sfer~ be laid. on the table pending the City's approach to the Prov1nc1al Government 1n th1s regard. AND FURTHER that section 3 of the above report be adopted. Question being taken, the motion was carried. The Mayor asked that a Council committee of Councillo~s ~avis, Knibb and, MaCDougall, with the Commissioner of Finance, approach the Prov1nc1al Government w1th regard to the above matter and report to Council. On motion of Councillor Gould Seconded by Councillor Vaughan . RESOLVED that Councillors Davis, Knibb and MaCDougall, with the Commissioner of Finance, meet with the ~rovincial Government regarding the matter of ambulance user charges for interhosp1tal transfers and report to Council. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn report be adopted. Seconded by Councillor M. Vincent RESOLVED that section 4 of the above Question being taken, the motion was carried. I On motion of Councillor Schermerhorn On motion. of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Human Development Council advising that the Information and Referral Centre has been granted funding to produce a handboOk/guide to be called "Reaching Out" for those experiencing ifficult economic times, which hopefully will be distributed free of charge to individuals in need of information on such items as government programs, personal ~ncerns, necessities, unemployment, counselling, and training, gnd requesting to meet 1th Common Council to seek assistance with the printing costs __ be received and a eeting be arranged with the Human Development Council. ' Question being taken, the motion was carried. I- On motion of Councillor Schermerhorn I .,,--' Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. D. Savoie advising of the lack of recreational activities in the Debly Subdivision and the subdivision adjoining it, and requesting Council's assistance in the completion of the ~aseball ~ield whic~ w~s st~rted last summer but not finished and to adopt a r~solut1~n allow1~g the ex~st~ng r1nk to be cleared of snow and maintained by the 1ty ~ur7ng the w1nter months -- be referred to the City Manager for a report to ounc11 1n two weeks. , The Mayor noted that staff has submitted a report on the above letter (COp1~S of which were distributed to Council memb~rs prior to the meeting) and ounc1l10r Vaughan suggested that, in the event Mr. Savoie is not aware of the Red . ,.... ,... 131 Head Community Centre volunteer association which is referred to in the submitte~ , staff report, a meeting should be arranged with the volunteer group and Mr: SaV01e 1n this regard. Mr. Brownell, replying to a query of Deputy Mayor Gould, adv1sed that an outdoor rink program is in place and, in this particular case, there is no standpipe which makes it difficult to start an outdoor rink in the area and that, with regard to Mr. Savoie's request for the City's assistance, the City is hesitant to get involved in assisting in providing outdoor rinks in areas involving ponds, lakes and streams for safety reasons. In response to Councillor Knibb's query concerning the maintenance of Lily Lake as an outdoor skating rink,Mr. Brownell noted that this area comes under the jurisdiction of the Horticultural Association and the City assists in flooding and scraping if requested. . I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the residents of Clark Road #2, Morna, below the intersection of Rockhill Roadway, requesting that this Road be given consideration when sanding, plowing and clearing culverts __ be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. The Mayor, referring to a prepared brief (copies of which were distributed to Council members at this time), reviewed the activities of the City of Saint John during 1986 and commented on the outlook for 1987. . Councillor Knibb extended congratulations to the newly-appointed members of t~e,Saint John Port Corporation as announced recently by The Honourable Gerald Merrithew, M1n1ster of State for Forestry, and Councillor A. vincent expressed the understanding that the employees of Mother's Restaurant (such matter having been broached at Council's last meeting) were issued their wages and benefits earlier this date. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. -- Vh/lr ~ Vh/f'tut Co on Clerk . I I . ..." 132 At a meeting of the Common Council, 'held at the City Hall in the City of Saint John, on Monday, the fifth day of January, A.D. 1987, at 7:00 o'clock p.m. . present' Elsie E. Wayne, Mayor Councillors Davis, Flewwelling,..Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent " -. and Messrs.,R.S. Clark,City;Manager; N. Barfoot, Assistant City Manag~r - Administration; C. Robichaud, Assistant, City Manager -Operations; F., Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; S.Bedford, Deputy Commissioner of Planning;' W.D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief;J~ Brownell, Assistant Director of Recreation; B. Steeves, Deputy Building Inspector; J. Levesque, Public Relations Manager; Ms. Y. 'Huntington-LeBlanc, Di,r,ector- of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I Reverend Ramon Hunston of The CalvarY,~emple offered the opening prayer. .. On motion: of Councillor Schermerhorn / -,-,' . Question being taken, the motion was carried. Her Worship the Mayor advised that The Honourable Omer Leger, Minister of Tourism, in conjunction with The Honourable Nancy Clark Teed, Minister of Health and Community Services, have requested her to announce that the City of Saint John has been awarded an amount of $46,185.00 which represents 60% of a feasibility study for Rockwood Park, and that the City has agreed to contribute $30,000.00 to the total amount of the feasibility study of $76,975.00. The Mayor called for a motion to accept the contribution with appreciation to The Honourable Ministers. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John accept the amount of $46,185.00 representing 60% of a feasibility study for Rockwood Park from the Province of New Brunswick with appreciation to The Honourable Omer Leger and The Honourable Nancy Clark Teed for their efforts in this regard. 17 -... Question being taken, the motion was carried. Mr. T. Bryce, Chairman of ,the 1987 Winter Carnival Committee of Hospitality Saint John, appeared before Council and, having introduced Mrs. D. Nicolle and Messrs. S. Fowler and P. Duncan who assisted the Committee, commented on the Winter Warmup Weekend to be held February 5 to 8, 1987. Mr. Bryce, in noting that the Irving Company, Maritime Beverage Ltd. and Labatts Brewery are major sponsors of this event, requested the City's assistance in this regard. . Mr. S. Fowler addressed Council concerning the events scheduled for the Winter Warmup Weekend during which time the Mayor noted that Council is to consider at this meeting the Great Canadian Lange Skate Challenge and suggested that Council could combine its efforts with the efforts of the Winter Carnival Committee in this event with Lily Lake to be the focal point for the Challenge. I Mr. P. Duncan displayed a button which was designed for the Winter Warmup Weekend which he presented to the Mayor. Her Worship the Mayor noted that the Winter Carnival Committee is requesting a grant to a maximum of $2,000.00 to assist with any deficit which may be incurred. On motion of Councillor Rogers I Seconded by Councillor Flewwelling RESOLVED that a grant to a maximum of $2,000.00 be approved to assist the Winter Carnival Committee of Hospitality Saint John with any deficit which may be incurred with regard to the Winter Warmup Weekend to be held February 5to 8, 1987. Question being taken, the motion was carried. . / /...4 ,....- 133 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting copies of documentation regarding a special tax assessment of historic property, expressing the understanding that in other areas the property tax on historic properties is frozen for a period of time, and recommending that this matter be referred to the City Manager and the Preservation Review Board for comment with a view to possibly requesting an amendment at the Provincial level to allow for special assessment of historic properties be received and filed and the recommendation adopted. I Councillor Davis, a Governor of Heritage Canada Foundation, commented on the Foundation's efforts to have the Federal Government recognize the fact that there is money in historic properties and, in referring to the submitted report on the impact of recent legislation on property tax rates prepared by Mr. Kenneth C. Jones in 1975, commented on the possible result of such tax application in the City of Saint John. Deputy Mayor Gould suggested that this matter could be a topic of discussion at the February.1987 Cities of New Brunswick Association meeting, as well as the subject of a resolution to FCM's 1987 Annual Conference scheduled for May 31 to June 3, 1987, and Councillor MacDougall, in re-iterating his suggestion that the Province should be requested to review the 1967 Equal Opportunity legislation, suggested that this matter, which is more specific to the City of Saint John than any other area in the Province, should be reviewed by the Province. Councillor Schermerhorn noted that Council must first take a position in this regard prior to approaching any other group, and Councillor Rogers, a member of the Preservation Review Board, commented on the Board's efforts with respect to historic properties. ,1 Question being taken, the motion was carried. . Read a letter from Mayor Wayne submitting a communique from the Federation of Canadian Municipalities requesting Council to ask the local Members of Parliament to give full support to the infrastructure program to be implemented by the Federal Government as requested by the Provinces and through which a large number of jobs will be created, and a copy of a report prepared by the City Manager's Office dated January 16, 1986 in this regard. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the Common Council of the City of Saint John request The Honourable Gerald Merrithew, Minister of State for Forestry and Mines, to give full support to the infrastructure program to be implemented by the Federal Government and that an updated copy of the report prepared by the City Manager's Office in this regard be forwarded to the Minister. I The Mayor asked Mr. Clark to review and update the submitted brief prepared by the City Manager's Office and forward a copy to The Honourable MIchael Wilson, Federal Minister of Finance, The Honourable Mr. Merrithew, The Honourable Bernard Valcourt, Minister of State for Small Businesses & Tourism, and the local Members of Parliament. Question being taken, the motion was carried. Read a letter from Mayor Wayne regarding the action commenced sometime ago by the City against Investors Ltd. and others claiming $34,500.00 as the demolition cost of two buildings located at the corner of Wellington Rowand union Street, noting that the last correspondence on her file dates back to 1982, and requesting an update at the next meeting as to what the Legal Department is doing in this regard. On motion of Councillor Vaughan I. Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the Legal Department for a report at Council's next meeting. Question being taken, the motion was carried. .1. " - Read a letter from Mayor Wayne noting that there still exists in the City some residences that do not meet the Minimum Standards By-Law, expressing the opinion that Council must ensure that all of the citizens live in accommodations which at least meet the minimum standards, and requesting at the earliest possible time (1) a teach-in for Council on the Minimum Standards By-Law, (2) a review by staff of the Minimum Standards By-Law to ensure that the City has the authority to take the necessary action to see that no one is renting apartments that do not meet the Minimum Standards By-Law and, if they are, that the City has the necessary powers to remove the tenants immediately and cause the necessary steps to be taken for the apartments to be closed until the necessary renovations are done, (3) if the City already has the power, a full explanation as to why these conditions still exist in the City, (4) a report on who on City staff is responsible for enforcing the Minimum Standards By-Law, (5) a report on how many staff the City has reviewing this situation throughout the City, (6) a report on whether the Department of Health works closely with the City in this regard, and (7) a report on whether or not there is a need for the Provincial policies in this regard to be reviewed and updated. I On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the above matter be referred to the City Manager for action in the near future. Question being taken, the motion was carried. . Consideration was given to a letter from Mayor Wayne advising that The Honourable Nancy Clark Teed, Minister of Health and Community Services, has confirmed that Dr. A. Davies is leaving Saint John to rejoin his family in Halifax, N.S., which once again leaves the City of Saint John without the provisions of a medical health officer and that ~ ~ ~ 134 T e Honourable M1n1ster has advised that steps are already underway to see what measures can be taken in both the short and long term to meet the City's needs, and concluding that Council will be kept informed in this regard as soon as the Minister has anything further to report. . Consideration was also given to a letter from Councillor MacDougall asking that Common Council urge the Minister of Health and Community Services to find a replacement for the position of district medical health officer for the City of Saint John. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above correspondence be received and filed and Council continue to pursue with the Minister of Health and Community Services the filling of this position with the Mayor to contact the Minister for an update on the matter for Council's next meeting. I Discussion ensued during which time Councillors MacDougall and A. Vincent commented on the need for the position of district medical health officer in the City and Councillor Knibb noted that, in the absence of a medical health officer, there are staff members who periodically investigate premises. I Question being taken, the motion was carried. Consideration was given toa letter from Mayor Wayne submitting copies of correspondence from Mayor Michel Legere of Hull, Quebec, and Mr. Michel Gauthier, Senior Project Manager of Winterlude, with regard to the Great Canadian Lange Skate Challenge to be held February 6 to 15, 1987; expressing the opinion that the City should accept the challenge and focus in on Lily Lake thereby giving an opportunity for the citizens to benefit in outdoor skating and working with the Horticultural Society to bring more attention to Rockwood Park and the available facilities in the City, and advising that she has requested Councillors Vaughan and M. Vincent to jointly review the potential of a special day on February 7 or 8. . consideration was given to a letter from Mr. James A. Durrell, Mayor of the City of Ottawa, Ontario, regarding the Great Canadian Lange Skate Challenge to be held as part of Winterlude '87, challenging the City of Saint John to get as many skaters out on an ice surface at the same time as the skaters from Ottawa on February 7, 1987. On motion of Councillor Vaughan Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John accept the Great Canadian Lange Skate Challenge. a Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the petition from residents of Millidgeville Estates, which was considered by Council on November 17, 1986, submitting a report from the Assistant City Manager - Operations responding to four of the concerns of the petitioners as follows: (1) street resurfacing and .concrete curbing and sidewalks, (2) a sign at the entrance of Varsity Street, (3) clean-up of land where City installed water pipes and (4) clean-up of land at entrance of Varsity Street, and noting that the fifth concern, that of the discharge of firearms, was the subject of a report by the City Solicitor to Council on November 24, 1986 with the City Solicitor requested to prepare the appropriate legislation for submission to the appropriate body in order to prohibit hunting within City limits -- be received and filed with items (3) and (4) to be referred for consideration in the 1987 Capital Budget. . Deputy Mayor Gould suggested that, in view of the minimal cost, the City should accommodate the residents in their request for signage on the basis that the developer is unable to provide same and the problems encountered by delivery trucks, taxis, etc. trying to locate the area whereupon the Mayor noted that Council in the past has not provided signage of this nature. Deputy Mayor Gould asked if the City in the past has provided signs to identify residential areas to which Mr. Clark replied that, although he is not aware of the City having done so, he would submit a report to Council in this regard. t Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Ken Biron, Biron Engineering Ltd., have been completed and that the required waiting period for objections expired on December 31, 1986 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. Ken Biron, Biron Engineering Ltd., for a Municipal Plan amendment and re- zoning of the former Dr. William F. Roberts Hospital School property at 1216 Sand Cove Road, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to held on February 2, 1987. . ~ ,....- " ., 135 Question being taken, the motion was carried. . Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports I Your Committee begs leave to report that it sat on December 22, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Deputy Mayor Gould be appointed to the Board of Directors of Saint John Industrial Parks Ltd. 2. That as recommended by the Nominating Committee, Mrs. Marion Elliot be reappointed to the Board of Commissioners of the Saint John Free Public Library for a three-year term effective January 1, 1987. I 3. That as recommended by the Nominating Committee, Messrs. Thomas Davidson, William T. Grant and Mrs. Mary Arseneau be appointed to the Planning Advisory Committee for a term of three years effective January 1, 1987. January 5, 1987, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn . adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section 2 of the above report be Question being taken, the motion was carried. I On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. lInayll. Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Robert McNamee, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, effective as of the date of his termination, the Board having been supplied with the required medical reports as to his permanent disability. Councillor MacDougall, a member of the Board of Trustees of the City of Saint John Pension Plan, questioned the procedure with respect to the calling of the December 22 meeting of the Board and the Mayor advised that she will discuss this matter accordingly. .1. . Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Board of Police Commissioners advising that the Saint John Police Force has found that parades held in the City fall into the following three categories: (a) parades are conducted with no one notified, (b) Common Council is notified, permission is granted but the Police Force does not receive notification and (c) the Police Force is notified and permission is granted; also advising that the first two categories have created problems for the Saint John Police Force as it is not aware or is made aware on very short notice that such parades are occurring, and recommending that (1) Common Council be requested to have the Common Clerk forward all requests for permission to hold a parade directly to the Chief of Police; and (2) Common Council instruct all persons who obtain the sanction of Common Council to hold a public function that they also require a parade permit and that such permit must be obtained from the Chief of Police -- be received and filed and the recommendation adopted. . Chief Riley, responded to queries of the Mayor, respecting specific instances here parades were conducted with no one notified and with regard to the lack of olice presence during the December 5, 1986 tree-lighting ceremony in front of City Hall despite the fact that the Police Department was notified accordingly prior to the event, and noted that, in accordance with the Parade By-Law, it is the Chief of olice and not Common Council who is authorized to issue parade permits. Question being taken, the motion was carried. ll... ~ 'l36 . On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the letter ,from the Rockwood Park Advisory Board recommending that all efforts be made to reestablish the Rockwood Park ski hill for next year if practicable -- be referred to the City Manager for consideration in the 1988 budget. . Councillor Vaughan noted that the feasibility study on Rockwood Park may suggest a purpose for which the hill can be used in the summer months thereby justifying the facility being in place for skiing during the winter months. Deputy Mayor Gould asked if the facility is closed or if persons are able to enter the park and ski on their own to which Mr. Brownell replied that it is the intent of the Recreation and Parks Department to keep the facility closed for safety reasons whereupon Councillor Flewwelling suggested that the property is public and therefore persons who wish to ski may do so at their own risk. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the memorandum from the Federation of Canadian Municipalities inviting Council to submit by the March 6, 1987 deadline resolutions on subjects of national municipal interest for national debate at the FCM's 1987 Golden Anniversary Conference to be held in Ottawa, Ontario, May 31 to June 3 and submitting a copy of the Conference Resolutions Procedures and Categorization and a sample resolution for information purposes -- be referred to the City Manager for submission of resolutions for discussion by Council in Committee of the Whole. I Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that authority be granted for payment of the invoice of the Federation of Canadian Municipalities, in the amount of $6,441.68, representing the City of Saint John membership fee for April 1, 1987 to March 31, 1988. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the memorandum from Provincial-Municipal Council Inc. responding to Common Council resolution of July 7, 1986 submitted to the Cities of New Brunswick Association meeting in October 1986 with respect to the establishment in New Brunswick of an adult cardiac catherization and cardiac surgery unit -- be received and filed and Council continue to pursue this matter with the Minister of Health and Community Services. J The Mayor commented on a public statement by a representative of the Moncton Hospital to the effect that the unit should be placed in Moncton due to that City's ability to accommodate patients in both official languages of the Province and expressed the opinion that linguistics should not be a reason to place the facility in one place or another. Discussion ensued during which time Councillor M. Vincent suggested that there should be a resolution of Council that the cardiac surgery unit should be placed in Saint John and Councillor Davis, a member of the Saint John Regional Hospital Board, suggested that Council should co-ordinate its efforts in this regard with the Regional Hospital and ensure that the Premier and the Minister of Health and Community Services recognize that Council wants this unit in Saint John and also that Council obtain resolutions of support from the neighbouring municipalities. Deputy Mayor Gould suggested that the Mayor appoint a Council committee to examine this matter and submit for Council's consideration a suitable motion expressing Council's position for the location of the cardiac surgery unit in Saint John. . Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the Mayor appoint a committee of Council to review the above matter and submit for Council's consideration a resolution expressing Council's position with respect to the location of a cardiac surgery unit in the City of Saint John. I The Mayor asked Deputy Mayor Gould and Councillors MacDougall, Davis and M. Vincent to form the above-mentioned committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Centenary-Queen Square United Church requesting Council to make every effort . ~ II""" ,J-37 to find expense Manager regard. a solution to the Lancaster sewage lagoon problem that will not be at the of ' the remaining saints Rest saltmarsh -- be received and referred to the City for consideration with the other correspondence previously submitted in this , , . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from N. W. Brenan & Sons, Ltd. expressing an interest in purchasing the lot adjacent to 85 Paradise Row as Brenan's Funeral Home on Paradise Row is in need of additional parking space -- be referred to the City Manager for consideration. Question being taken, the motion was carried. Read a letter from The Association of Kinsmen Clubs requesting Council to place in the February 1987 edition of the National KIN Magazine a message of support to the valuable work performed by Kinsmen during the past year and submtting an order form listing the sizes of messages available along with the cost. I Deputy Mayor Gould proposed a motion which was seconded by Councillor Rogers that the above matter be referred to the Public Relations Manager for a recommendation to Council whereupon Councillor Schermerhorn noted that Council, in its consideration of such a request on January 20, 1986, adopted a resolution to the effect that, although Council is appreciative of the community service work performed by The Kinsmen Association, it could not comply with the request for advertisement placement in the event such action would set a precedent; whereupon the proposed motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from The Association of Kinsmen Clubs be received and filed and the Association be advised that, while Council is appreciative of the Kinsmen Club and all other service clubs in the City for their community service work, Council is unable to comply with its request for advertisement placement in the KIN Magazine in the event a precedent could be set in this regard. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ,I' .~ Seconded by Councillor Flewwelling RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of K. & M. Matsuo Ltd. for dining room and lounge licenses with respect to premises at 517 Westmorland Road will be held on January 9, 1987 -~ be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . ~ w: Yknju4 Co n Clerk I, 'I , , . ...... 138 , At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of January, A.D. 1987, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D.Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; T. Breen, Deputy Police Chief; R. MCDevitt, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent: J. Gallagher" Chief Accountant; E. LeBlanc, Insurance CO-Ordinator; J. Levesque, Public Relations Manager; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Nunford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend D; Blackmore of Bethany Pentecostal Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Gould , RESOLVED that minutes of the meeting of Common Council, held on January 5, 1987, be approved. Question being taken" the motion was carried. Her Worship the Mayor extended a message of sympathy to the family of the late Dr. Hugh P. Whalen, a former member of Common Council and an educator in the City, who passed away on January 8, 1987. On motion of Councillor Gould Seconded by Councillor MacDougall RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Dr. Hugh P. Whalen. Question being taken, the motion was carried. Councillor Vaughan asked that two letters from the City Manager (copies of which were forwarded to Council members as information items), one with regard to Festival by the Sea, the other concerning Atlantic Canada Innovators of the Year, be added to the agenda for consideration at this meeting, and Councillor Schermerhorn asked that the City Manager's letter (a copy of which was forwarded to Council members as an information item) relating to recreation improvements on Old Black River Road, which was the subject of a letter to Council from Mr. D. Savoie on December 22, 1986, be added to the agenda. On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. consideration was given to a letter from Mayor Wayne regarding the discussion of Council in open session on December 22, 1986 with respect to the City's tendering procedures and awarding tenders to the low tender versus the local tenderer, submitting a letter from the Canadian Construction Association expressing concern that the City of Saint John is considering applying a local preference in the award of its contracts and stating that the Canadian Construction Association strongly opposes the application of regional preference policies in any form and at any level of government within Canada. consideration was also given a letter from the City Manager commenting on the matter of subcontracting on projects tendered by the City and on the status of the Tendering Practices Committee, which were questioned by Council in open session on November 10, 1986; submitting, in accordance with Council's request of December 22, 1986, copies of the tendering procedures for the purchase of ,services and the tendering procedures for the purchase of goods, as well as a broChUre' entitled "How To Sell to ,the City of Saint John", and a copy of a report previously submitted 'to Council on August 8, 1983 with respect to local preference purchasing, the issues in the latter report still being the same today; expressing the opinion that the tendering procedures for, the City appear to be operating smoothly at this time; however, when problems develop or changes are required to bring procedures up to date so that goods and services can be procured as economically as possible within an open competitive bidding and tendering system, changes will be recommended and made, and concluding that the City's Purchasing Department is looked upon as a leader in this region with respect to municipal purchasing and staff is continuously vigilant to ensure that this reputation is maintained. , ~ . I 'I . I ~, . ,I I . ~ I""'" ]39 Consideration was also given to a letter from Saint John Construction Association Inc. requesting Council to stand by its earlier resolutions to support accepting the low bidder provided it meets all of the requirements as a qualified contractor or supplier and concluding that the Association would like to feel that the City would continue with the policy that was recommended by the the committee, chaired a number of years ago by Mr. J. Arthur Flood, which participated in developing the present tender policy of the City of Saint John. . On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the above correspondence be received and filed. 'I Councillor Knibb expressed the opinion that there should be no indication on record of any procedures Council may have with respect to tendering nor to indicate that Council will always consider the low tender because, if the latter is the case, there is no need for an elected Council and added that Council, in every tendering case, should take staff's advice and possibly reject such advice if Council feels there are considerations, such as performance or quality, which gives reason to consider another tender. Councillor MacDougall expressed opposition to the above motion on the basis that Council should adhere stringently to the recommendations in the submitted correspondence and carryon with the stated policy of the City with regard to the tendering procedures and that it is important for persons outside the City to be aware of the procedures and to know that their tenders will be received and the procedures followed. Deputy Mayor Gould stressed the importance of, in view of tenders being received which do not meet the specifications due to the omission of bid deposits, etc., the language in the tender documents being clear and concise, and 'Councillor Rogers suggested that the December 15, 1986 Council vote awarding the tender for municipal castings to a 'local company should not give the indication that the City is altering its policy with respect to local firms. Mr~ Hanlon, replying to a query of the Mayor, noted thatstaff'consistently recommends the low tender which meets the specifications. With regard to the matter of subcontracting, Councillor Vaughan suggested that the contractor should be required to list on the tender form the subcontractors to ,be used with any changes to be approved by Council and Councillor A. Vincent suggested that, if a change in subcontractors results in a monetary gain, the City should be the recipient of same and asked why the City, as a member of the Saint John Construction Association, does not utilize the bid depository of the Association. The Mayor alluded to the possibility that municipal castings may be being supplied through a branch of the local foundry in either St. Stephen, N.B.; or Calais, Maine, U.S.A., and asked for a report at the next meeting in this regard and also for a report on the matter of subcontracting as broached by Councillors Vaughan and A. Vincent. . (Councillor A. vincent entered the meeting during the foregoing discussion.) I Question being taken, the motion was carried with Councillors MacDougall and Schermerhorn voting "nay". Read a letter from Mayor Wayne submitting a letter from Jocelyne Maurice, President of N.B. - P.E.I. Branch of the Canadian Public Health Association, submitting two resolutions which were adopted with respect to smoking in the workplace and a smoking ban in indoor public places. ' Her Worship the Mayor noted that the above correspondence includes two resolutions for Council's consideration and suggested that, pending provincial legislation enabling municipalities to enact smoking control by-laws, the above matter should be referred to the City Manager and City Solicitor. . On motion of Councillor Flewwelling the City Manager and City Solicitor. Question being taken, the motion was carried. I Read a letter from Mayor Wayne submitting a copy of a letter received from former Councillor Ralph Poley; who has undergone heart surgery in Halifax, Nova Scotia, recently; and a copy of his letter to the Editor of the Evening-Times Globe which covers some of the points Council,was attempting to make during discussion on January 5, 1987 of the proposed cardiac surgery unit, as well as a copy of an article by Dr. G. Stiles which appeared in the local newspape~, and expressing the opinion that it is imperative that this information be forwarded to the Premier of the Province and The Honourable Nancy Clark Teed, Minister of Health and Community Services. Councillor Schermerhorn noted that Mr. Poley's letter was forwarded to The Honourable Nancy Clark Teed and suggested that, in forwarding a copy of same to the Premier, ,'~the letter should also be copied to the Members of the Legislative Assembly and that Council should forward a letter in support of'Mr. Poley's letter to The Honourable Minister. I On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the above correspondence be forwarded to the Premier of New Brunswick and the Members of the Legislative Assembly and that a letter expressing Council's support of Mr. Poley's letter be forwarded to The Honourable Nancy Clark Teed, Minister of Health and Community Services. Councillor MaCDougall, Chairman of the Council Committee appointed by the MaYOr,O? Janu~r~ 5, ~987 to submit for Council's consideration a resolution expressing Counc1l s pos1t10n w1th respect to the location of a cardiac surgery unit in Saint ~ 'C.~-:.~$"-:;::- =,~._ \..~ _<c.="'-~-;: ~- ~,;.; "" .;.. "-'- -;;- ~ 140 e committee's Intent to submit a resolution at Council's next meeting. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from St. pius X Parish Council regarding the need for an overhead illuminated crosswalk sign at the crest of Somerset Street hill and recommending that this matter be referred to the appropriate staff for action -- be received and filed and the recommendation aaopted with a copy of the Traffic Engineer's letter to St. pius X Rectory in this regard to be forwarded to staff. Her Worship the Mayor advised that earlier this date she received a copy of a letter from Mr. J. Griffin,- Traffic Engineer, to St. pius X Rectory indicating that there is no problem with the area in question whereupon Mr. Clark requested that tpe above matter be referred to staff for review and a report at the next meeting. Councillor Knibb asked the approximate cost of erecting the crosswalk sign to which the Mayor replied that such cost would be $4,000.00 and added that a copy of Mr. Griffin's letter is also to be forwarded to the City Manager. =1 On motion of Councillor M. Vincent 'I' Question being taken, the motion was carried. Seconded by CouncillorSchermerhorrr RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Rolf Spangenberg, Chairman of the the Saint John Participaction Challenge Committee, requesting the reappointment of Councillor Vaughan as ,Council's representative on this committee for 1987, and recommending Councillor Vaughan's reappointment -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Saint John Symphony regarding the City's financial contribution for the fiscal year 1986-87, requesting that the City of Saint John reconsider a significant increase in the amount of money it is prepared to grant to the Orchestra and offering to appear before Council at its convenience to discuss the matter further -- be referred to the grants committee. On motion of Councillor Flewwelling I Question being taken, the motion was carried. Seconded by Councillor Vaughan RESOLVED that the letter from Councillor Flewwelling recommending that traffic l~ghts should be placed at the intersection of Manchester Avenue and Manawagonish Road in view of a hazardous condition which exists at this intersection caused by vehicles parking on the west side of Manawagonish Road near the store which makes it difficult for motorists to get a clear view of traffic travelling north on Manawagonish Road -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Flewwelling requesting that the Traffic Branch publicize the proper truck routes in the City as it has been reported by citizens that, after 6:00 o'clock p.m., large trucks loaded with pulp use Union Street as the route to the pulp mill on the east side, and it has also been reported that the old Westfield or River Road, from Martinon to Manawagonish Road, which he believes has been designated as a non-through truck route, is, again being used asa truck route -- be received and filed and the truck routes in the City be the subject of a public advertisement. Question being taken, the motion was carried. I On motion of Councillor Vaughan Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor Vaughan regarding the exterior appearance of the City Hall building at the Shoppes of I City Hall Level, suggesting that, because the City Hall building is a focal point in , . the downtown core of the City, the owners of the shops on the second level of the building whose premises have windows facing the foot of King Street should be requested to improve the appearance of their windows by, for example, hanging drapes, and recommending that the City Manager discuss this matter with the landlord of the City Hall building and report to Council -- be received and filed, and the recommendation adopted. Question being taken, the motion was carried. . i .j ~ ".... '.~' ,...,.', ~.,. ::- 141 On motion of Councillor Schermerhorn . Seconded by Councillor M. vincent RESOLVED that the letter from the City Manager submitting a report from the Director of Tourism noting that a total of twenty-two Canadian events were included in the recently-announced American Bus Association Top 100 Travel Events in North America for 1987 with Festival by the Sea being the only New Brunswick Event to make the list and that Loyalist Days was the only New Brunswick event of the eight Canadian events which were named to the Annual Super Events list for 1987 -- be received and filed. \ I Question being taken, the motion was carried. On motion of Councillor Knibb Manager Insight 1986 -- Seconded by Councillor A. vincent RESOLVED that the letter from the City extending congratulations to Her Worship the Mayor on being named by Atlantic Magazine as one of the seven outstanding Atlantic Canadians for the year be received and filed and Her Worship the Mayor be congratulated. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager submitting a report from the Director of Recreation and Parks regarding recreation improvements in the Old Black River Road area advising that the Recreation Association has applied under the Department's Community Development Program for the development of the ball field at Red Head and the development of an alternate location for an outdoor rink and that Mr. D. Savoie is now completely informed of the plans to develop the area -- be received and filed. Question being taken, the motion was carried. ,On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Downey's Ltd., in the amount of $18,252.40 plus tax, be accepted for the supply of a van for the Recreation and Parks Department. I Councillor Knibb asked if there has been a change in policy in that vans were previously donated by service clubs to community centres to which Mr. Nicolle replied that, although the Legion has provided a van to the Carleton Community Centre for a number of years and the two other vans donated by service clubs have been replaced, the van in question is for the community centre on Somerset Street which had to be taken out of service because it had gone beyond usefulness. Mr. Nicolle concluded that the Department has two vans at the present time, one of which is almost ready to be taken out of service. Councillor Vaughan suggested that unsuccessful tenderers who, for example; are rejected due to the omission of a bid deposit, should be notified of the reason for rejection. Question being taken, the motion was carried. On motion of Councillor. Schermerhorn . .Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender for work clothing, from the date of award until November 30, 1987, be awarded to Fairville Department Store at the prices quoted for Brotherhood products as indicated in the submitted bid summary. Councillor Vaughan asked if, in view of a problem in 1986 with the recommended tenderer in the supply of work boots, staff is satisfied with the quality of the product tendered to which Mr. Hanlon replied in the affirmative. ,Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for equipment rental be awarded in accordance with the recommendation contained in the submitted bid summary. I Mr. Robichaud" replying to a query of Councillor Flewwelling, explained the inspection procedure of rental equipment, and Councillor MacDougall questioned the recommendation in the submitted report. that, in view of the fact that 8 of the 17 tenderers did not include with their bids proof 'of insurance and/or Worker's Compensation coverage which in most tenders are required only from the successful bidders, the absence of these forms be ruled as informalities and waived, the latter to which Mr. Hanlon explained that the requirement for the inclusion of such documents in the tender submission was inadvertently included in the tender specifications whereas such documentation is normally required only from the successful bidders. Discussion ensued regarding the frequency of renting certain of the equipment, the procedure followed when equipment, for which"no tender is awarded,' is required, the amount of equipment rented in 1986 compared to the anticipated amount in 1987 and the method hereby it is determined that equipment should be purchased rather than rented. . Question being taken, the motion was carried. ~ 142 , On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Fire Chief,' the warrant of Mr. Douglas Wall, who has resigned from the Saint John Sa1vage Corps & Fire Police, be cancelled and that the City's appreciation be conveyed to Mr. Wall for his 28 years of service on the Salvage Corps & Fire Police. Chief McDevitt- advised 'that, in response to Councillor Rogers' question respecting the number of members in the Corps, he would report to Council next week in this regard. ' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Old provincial Building - Exiting & Fire Alarm Systems Shamrock Construction Ltd. Original value of contract Total work done,' Estimate Number 5 Retention payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated January 8,' 1987 Final holdback release $13,229.88 $81,474.00 88,199.20 Nil 74,969.32 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager concurring with the recommendation of the Commissioner of Community Planning and Development in his submitted report with respect to consultants for the preparation of the Millidgeville Secondary Plan, which was discussed in committee of the Whole on November 10, 1986, having been broached by Councillor Rogers in open session on July 21 and September 29, 1986; and stating that it is important that this plan be proceeded with as quickly as possible. ' On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, DPA Group Inc. be engaged to prepare the Millidgeville Secondary plan for a total fee of $46,500.00. ""llIl . <I '\1 . I Councillor Vaughan asked if staff anticipates that secondary plans will also be prepared for the east, west and south sections of the City to which Mr. Bedford replied that, although the Municipal Development plan approved in 1973 included a requirement to have follow-up secondary plans for each area of the City, a very limited number of secondary plans is in place at the present time; however, the proposed motion will initiate a secondary plan program and, as work on the Municipal Development Plan proceeds in 1987, it is hoped that additional secondary plans will follow. Deputy Mayor Gould suggested that input should be obtained from the residents in the area concerned to which Mr. Bedford replied that staff anticipates having a public meeting within two weeks with at least two additional meetings in the community as the process proceeds. Councillor Rogers asked the anticipated date of completion . to which Mr. Clark replied that it will be conveyed to the consultant that, upon the commencement of the 1987 building season in April or May, the City hopes to be in the position of having at least the framework and major elements of the Millidgeville Secondary plan available so that judgement can be made with respect to subsequent development in the area. ' Question being taken, the ~otion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the letter from the City Manager submitting a report from the Deputy Commissioner of Planning with regard to Common Council resolution of May 20, 1986 accepting the proposal of Marshall, Macklin, MonaghanjMott, Myles, Chatwin to carry out the Rockwood Park Planning and Feasibility Study, submitting copies of correspondence dated January 2, 1987 in which the Province of New Brunswick offers, to participate with the City of saint John in this Study and provide the requested funding, such'offer including several conditions as indicated; and recommending that the Mayor and Common Clerk be authorized to execute an agreement with the Province of New Brunswick on behalf of the City of Saint John -- be received and filed and the recommendation,adopted. ' Councillor M. vincent asked if, in view of the delay in the above study since it was proposed in May 1986, the C:j.ty Manager is satisfied that the Study can be completed by October 31, 1987 as indicated in the submitted correspondence to which Mr. Clark replied that the date reflects the time delay and that he has been advised that the study can be ,completed by October 31. Question being taken, the motion was carried. I I . ...4 II""" ;;.,. ... :..... { 143 On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding the request of the Muslim Association of New Brunswick for ditching and additional street lighting in the area of 1100 Old Rothesay Road, which was considered by Council on December 8, 1986, advising that the drainage problem referred to was created by the owner of the lot and the owners or developers of the site are responsible for maintaining adequate drainage such as a ditch adjacent to the road which would properly direct runoff to the nearby creek and, with respect to street lighting, this area has been examined and additional street lighting has been installed as the area warrantted upgrading -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I' Total $ 66,578.00 109,469.00 183,909.00 $359,956.00 (1) Fire (2) Automobile (3) Comprehensive, General Liability I Councillor Schermerhorn questioned the exclusion of pollution coverage to which Mr. Wilson, in explaining that the City was uncertain of what coverage it had in the past for sudden and accidental pollution and that no claim had ever been made under the coverage, advised that Commercial Union decided not to provide this coverage. Councillor Flewwelling asked that Council be provided with a list of City equipment and vehicles and their location and Mr. wilson advised that the City has approximately the same number of vehicles in 1987 as in 1986, that being approximately 340, and that the number indicated in the submitted correspondence is the number in the fleet in September or October at the time the insurance company was provided information in this regard, which was prior to the annual City auction, and that the insurance company will be provided with an exact list of the vehicles to be insured and the City will pay accordingly; therefore, the premium will be approximately $3,600.00 lower than indicated. The Mayor suggested, in view of Mr. Robichaud's indication that most vehicles in the City fleet do not have municipal license, that the matter of municipal license plates should be investigated. Mr. Wilson, replying to a query of Councillor MacDougall, advised that the City has a separate malpractice policy for fire fighters who operate the Rescue Squad and that the cost of errors and omissions coverage compared to the coverage does not make having it worthwhile and that, in effect, the City is self-insuring for anything which might arise from a claim of that nature. Councillor A. Vincent questioned the premium for fire insurance compared with the 1986 rate of $81,739.00 to which Mr. Wilson explained that the decrease in premium is due in part to buildings sold by the City and the fact that the rate is also down from 1986. . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John . The Committee of the Whole reports Your Committee begs leave to report that it sat on January 5, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent andM. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Grants Advisory Board, the following groups be awarded grant monies as indicated:- I, (a) Kidney Foundation of Canada - Kidney Patient Symposium April 25 to 26, 1987 - $500.00 (b) Canadian Institute of Public Health Inspectors National Convention, July 5 to 10, 1987 - $300.00 I . (c) Wesleyan Women's Convention - Atlantic' Division Regional Convention, October 23 to 24, 1987 - $1,000.00 (d) St. Peters Council,Catholic Women's League provincial Conference, May 1 to 3, 1987 - $300.00 (e) N. B. Nursing Home Association - provincial Conference May 13 to 16, 1987 - $300.00 (f) Atlantic provinces veterinary Conference Regional Conference, June 20 to 25, 1987 - $100.00 . (g) Canadian Physiotherapy Association National Congress, June 9 to 13, 1987 - $750.00 (h) Gideons International in Canada provincial Conference, April 5, 1987 - $200.00 l. ", 144 . , (i) Institute of Public Administrators'of Canada National Conference, September 1 to 4, 1987 - $2,000.00 (j) Atlantic Golf Superintendents Association National Conference, March' 8 to 11, 1987' - $1,000.00 Atlantic provinces Ready ,Mix Concrete Association Regional Conference, March 2'6 to 28,1987 - $500.00 Canadian Roofing Contractors - Annual'National Convention, May' 3 to 6,1987 - $1,000.00 . (k) (1) Canadian Association of Medical Radiation Technologists National 'Conference;' May 17 to 22, 1'987'- $900.00 (n) Atlantic provincial Library Association Regional Conference, May 28 to 31, 1987 - $500.00 'J (m) (0) Canadian Association of Occupational Therapists National Conference, June 3 to 5; 1987 - $750.00 (p) National Federation of Nurses' Unions National Conference, June 9 to 11, 1987 - $600.00 1 (q) Canadian Association of Optometrists - National Biennial Congress" August 4 to 8, 1987 - $1,200.00 - (r) Canadian Nuclear Association - International Conference June 14 to 18, 1987 - $600.00 (s) John Howard Society - National Meeting June 19 to 21, 1987 - $200.00 (t) N. B. Hospital Association,- provincial Conference June 21 to 23, 1987 - $800.00 . (u) Atlantic Regional Canadian Addiction Foundation Conference - National Conference, April 26 to 30, 1987 - $500.00 (v) Saint John'Kinette Club, Local Meeting April 11, 1987 - Nil~ January 12, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E.' Wayne, C h air man. On motion ,of Councillor,Schermerhorn I Seconded by Councillor Rogers RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers , RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A. for Saint John Harbour, expressing agreement with the opposition expressed in the correspondence received by Council and copied to the Members of the Legislative Assembly to retail establishments being open for business on Sundays and advising that he will strongly oppose any interference in the Legislative Assembly with the Days of Rest Act ~- be received and filed with appreciation. Question being taken, the motion was carried. Councillor A. Vincent asked the number of persons who can work in a retail establishment before it is considered a store to which Mr. Rodgers replied that there are numerous exceptions to the Days of Rest Act, one being the number of employees, and expressed the understanding that the number is three employees. . On motion of Councillor Schermerhorn ~I '. Seconded by Councillor MacDougall RESOLVED that the letter from Saint John Branch No. 14 of The Royal Canadian Legion advising that the matter of housing conditions in the Lower Cove area of the City was considered at a recent meeting of its Executive Committee at the January General Meeting, expressing endorsement and commendation for the excellent efforts of Saint John Non-Profit Housing Inc. in this regard and urging Council to endorse and support, to the greatest possible extent, steps being taken by Saint John Non-Profit Housing inc. and similar organizations to provide adequate housing in this area of the City -- be received and filed with appreciation. I Councillor Rogers suggested that a copy of the above letter should be forwarded to Saint John Non-Profit Housing Inc. whereupon the Mayor asked Councillor Knibb, a member of Non-Profit Housing, to take such action. Question being taken, the motion was carried. . j ,.... ~ 145 On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. B. Ritchie of Century 21 - Parker Real Estate Limited, regarding the request of residents of Manners Sutton Road for water and sewerage services, which was considered by council on November 10, 1986, submitting documentation from the residents of Manners Sutton Road who are not presently receiving water and sewerage services, and suggesting that the solution to the problem is an active effort by the City to extend the present sewage line to encompass all residents of the road -- be referred for consideration in the 1987 Capital Budget. I Councillor Schermerhorn noted that the previous letter regarding the above matter was referred to the 1987 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn .,~ and that Council meet in Legal Session. Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned Question being taken, the motion was carried. . Vh'7'W YA<_kd Common Clerk !/ ~L . I, I . llrr... " 146 , At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of January, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling,. Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Mal'\ager - Administration; C.Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; P. Groody, Commissioner of Human Resources; T. Totten, Deputy Commissioner of Finance; R, G. Riley, Chief of Police;R. McDevitt, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Father Patrick Coyne of Stella Maris Church offered the opening prayer. ,On motion, of Councillor Schermerhorn Seconded 'by ,Councillor Rogers , RESOLVED that minutes of the meeting of Common Council, held on January 12, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 2nd Lakewood Girl Guides and members of the Christian Youth for Christ of the First Wesleyan Church and briefly explained the Council meeting procedures. Her Worship the Mayor commented on the Charles I. Gorman Memorial Meet and the N. B. Outdoor Speedskating Championships being presented by the Major Tournament Committee and the Saint John Amateur Speedskating Club at Lily Lake on January 24, 1987, and read two proclamations, one proclaiming January 21, 1987 to be Cold Turkey Day in the City of Saint John and encouraged all citizens who smoke to stop smoking for the day, the other proclaiming the week of January 25 to 31, 1987 to be VON Week in the City of Saint John in recognition of the contribution made by the members of the Victorian Order of Nurses community health team. The Mayor recognized the presence in the Council Chamber of Mr. B. Chipman, President of the Victorian Order of Nurses, who presented the Mayor with a token of appreciation on behalf of the Order. Her Worship the Mayor extended a message of sympathy to Mr. Barfoot and his family on the death of his father. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that two items Which were considered by Council in Committee of the Whole earlier this date, one concerning the Lily Lake skating event on January 24, the other being resolutions for submission to the Cities f New Brunswick Association meeting, be added to the agenda for consideration at his meeting. Question being taken" the motion was carried. Councillor Rogers extended a message of sympathy to the family of the late Robert E. Mason, a City employee, who passed away on January 18, 1987. The Common Clerk advised that the necessary advertising was completed with egard to the proposed re-zoning of an approximate 2.8 acre parcel of land located n the northeast corner of Molson Avenue and Sand Cove Road (L.R.I.S. Number 386755), rom "I-I" Light Industrial to "RM-l" Three-Storey Multiple Residential classification, o permit the construction of a 24-unit garden home development, as requested by anford M. Thompson Construction Company Limited, and that two letters were received ith regard to the proposed re-zoning, one from Victor and Isabel Jones expressing pposition to the proposal, the other from Carmel M. Murphy, on behalf of the group hich originally opposed Mr. Thompson's application for a 30-unit townhouse development t 780 'Sand Cove Road, expressing acceptance of 24 units upon the conditions as tated. Consideration was given to a letter from the Planning Advisory Committee oting that modifications were made to clause (f) of the Committee's recommendation o satisfy condition (1) of the submitted letter from Carmel Murphy and that lause (a) was modified to specifically refer to the elevations proposed by the pplicant as requested in condition (2); however the Committee did not accept the arguments made in conditions (3) and (4) of the letter regarding sidewalks and appearance and elevation, respectively, and recommending that the approximate 2.8 acre parcel of land located on the northeast corner of Molson Avenue and Sand Cove Road (L.R.I.S. Number 386755) be re-zoned from "I-I" Light Industrial to "RM-l" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which would (a) Ilimit the development of the site to 24 units generally in accordance with staff proposal dated January 9, 1987 and including the elevations proposed on the plans received January 12, 1987, with the detailed site and landscaping ~lan to ~ . I 1. . -1- / ./ .- . ',I , ~ I, . ~ II""" 147 be approved by the Deputy Commissioner of Community Planning, (b) require water and sewer servlces in municipal services easements, acceptable to the Deputy Commissioner of Engineering, (c) require power, telephone and cable television service for each unit placed underground in public utility easements, (d) require an internal storm water collection system, approved by the Deputy Commissioner of Engineering, connected to the municipal storm sewer on Molson Avenue, (e) require the installation of concrete curbs, sidewalks and extension of asphalt to the curb on both street frontages, (f) require the extension of the storm sewer on Molson Avenue in accordance with General Specifications of the Engineering and Works Department, and completed prior to the occupancy of the units, or September 1, 1987 whichever comes first, if not already constructed by the City as part of the 1987 Capital Budget, (g) require a letter of credit equal to the value of off-site work required and (h) require that the first building permit be issued for the development by December 31, 1987. Mrs. Carmel Murphy of 929 Rocky Bluff Terrace appeared in support of the above application for re-zoning and, referring to her previously-submitted letter, commented on the following conditions upon which the group, which was originally originally opposed to Mr. Thompson's development, will accept the proposed development of 24 units: (1) the extension of the storm sewer on Molson Avenue in accordance with General Specifications of the Engineering and Works Department and completed prior to the occupancy of the units, (2) elimination of the Sand Cove Road exit on the basis that there is a definite traffic hazard due to the existing blind curve in the road and the C.P.R. crossing and that such an exit would provide an easy short cut for westbound traffic on Sand Cove Road to Bleury Street, (3) that no sidewalk be installed along the Sand Cove Road boundary of the proposed development in view of the proximity of the development toa dangerous curve on Sand Cove Road immediately to the east of the development and the CPR right-of-way along the eastern boundary of the development which would create a danger to pedestrians along the southerly boundary of the development on Sand Cove Road; however, a crosswalk on Sand Cove Road at Molson Avenue is considered a necessity, (4) the addition of gables to the units to improve their appearance and the redesign of the exterior elevation as shown on the proposal submitted to Planning Staff on January 12, 1987,and the addition of a large number of trees and shrubs as shown on the Staff Proposal of January 9, 1987, and no reduction in the green area as indicated on the present proposal and (5) that there be no derogation from the proposal which is for no more than 24 two-bedroom garden homes. Mrs. Murphy urged Council to become immediately concerned with the lack of proper recreational facilities for children and youth in, the Sand Cove Road area during consideration of all land use and re-zoning proposals for the area and acknowledged the co-operation of Council, the residents concerned and Mr. Thompson in contributing to the agreement which has been reached between the parties in relation to this proposed development. . I I- . (Councillor A. Vincent entered the meeting during the foregoing presentation.) I With regard to a second access to the proposed development off Sand Cove Road, Mr. Brown noted that, while such access is not mandatory, it is preferred and Mr. Clark concurred that, although one point of access is acceptable, a second access is desirable in terms of snow removal, emergency access, etc. Councillor Vaughan suggested that the residents' request for a crosswalk on Sand Cove Road at Molson Avenue could be added to the conditions of re-zoning, and Councillor Davis asked if staff concurs that a sidewalk along the Sand Cove Road boundary of the proposed development would be a hazard as suggested by the residents to which Mr. Brown noted that, being a collector street, Sand Cove Road requires a sidewalk. Councillor Davis asked what would be required of Mr. Thompson if a sidewalk were not installed on Sand Cove Road to which Mr. Clark replied that a guarantee of landscaping would be required to avoid an undesirable situation and the criteria for determining the need of a sidewalk was explained by Mr. Robichaud. . Mrs. Allison Hannah of 830 Cherry Tree Lane addressed the matter of a sidewalk along the Sand Cove Road boundary of the proposed development in view of the residents' opinion that it would pose a hazard for pedestrians. ~ Councillor A. Vincent asked if, in view of Council having denied an application\ of Manford M. Thompson Construction Limited for the property in question on December 1, 1986, the above application is properly before Council to which Mr. Rodgers replied in the affirmative and that Council is proceeding in order, and discussion ensued during which time Mr. Rodgers advised that, if the subject application were not in order, he would have so advised Council during its consideration of same on December 15, 1986 at which time the application was referred to the Planning Advisory Committee and the advertising was authorized for this public hearing. I Councillor Flewwelling proposed a motion that Council approve the method of development as outlined in the above-mentioned letter from Mrs. Carmel M. Murphy whereupon Councillor Knibb proposed a motion, which was seconded by Councillor Davis, that Council adopt first reading according to staff requirements. Councillor Flewwelling clarified that his motion is to adopt the Planning Advisory Committee's recommendation as amended by the submitted letter and the Mayor, in noting that Councillor Flewwelling has the floor, clarified that his motion is the first reading of the Zoning By-Law amendment for the garden home proposal subject to the sidewalk on Sand Cove Road and the second exit being eliminated. I On motion of Councillor Flewwelling . Seconded by Councillor MacDougall RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning an approximate 2.8 acre parcel of land located on the corner of Molson Avenue and Sand Cove Road (L.R.I.S. Number 386755), from "I-I" Light Industrial to "RM-l" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act in accordance with the recommendation of the Planning Advisory Committee with the exception that the requirement for a sidewalk on Sand Cove Road and a second exit be eliminated, be read a first time: AND FURTHER that a crosswalk be placed on Sand Cove Road at Molson Avenue. Upon Councillor Vaughan's suggestion that a crosswalk on Sand Cove Road be required, Councillor Davis noted that such matter has nothing to do with the ?roposed development. ~ ~ .148 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Davis and A. Vincent voting "nay". . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning an approximate 2.8 acre parcel of land located on the corner of Molson Avenue and Sand Cove Road (L.R.I.S. Number 386755), from "I-I" Light Industrial to "RM-l" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act in accordance with the recommendation of the Planning Advisory Committee with the exception that the requirement for a sidewalk on Sand Cove Road and a second exit be eliminated, be read a second time: 'I AND FURTHER that a crosswalk be placed on Sand Cove Road at Molson Avenue. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. I Question being taken, the motion was carried with Councillors Davis and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. . Question being taken, the motion was carried. (Councillors Davis and Schermerhorn withdrew from the meeting.) Following a brief recess, the meeting continued. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John support the Charles I. Gorman and N. B. Outdoor Speedskating Championships to be held at Lily Lake on January 24, 1987, and the Great Canadian Lange Skate Challenge on February 7, 1987. Question being taken, the motion was carried. I (Councillor Schermerhorn re-entered the meeting.) Consideration was given to a letter from Councillor Flewwelling regarding traffic routes for trucks and to a letter from the City Manager in response to Councillor Flewwelling's request on January 12, 1987 that the proper truck routes in the City of Saint John be publicized. (Councillor Davis re-entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the above letter from Councillor Flewwelling regarding traffic routes for trucks, which was discussed at Council's last meeting, recommending that Council have the appropriate by-laws reviewed in order to ensure that they can be enforced be received and filed and the recommendation adopted. . Discussion ensued during which time Councillor A. Vincent, in noting that there are only two locations to which pulp trucks should be travelling, asked why such trucks would utilize residential streets and, suggested that, in view of the possibility that truck drivers are not familiar with the City, maps indicating the truck routes should be left with the pulp mills and given to the Police to distribute to truck drivers. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above letter from the City Manager regarding Councillor Flewwelling's request of January 12, 1987 that the proper truck routes in the City be publicized, noting that truck routes were established under the Traffic By-Law in 1975 with the intent being to direct trucks with a gross weight of 7,300 kilograms (8 tons) to use the major arterial street network and signs have been installed at strategic locations along the network to guide truckers; however, a provision in the By-Law does allow trucks to leave the truck route for a delivery point which is not on the ,truck route provided the truck uses the shortest access route for this purpose; also noting the designated truck route in the central core of the City and in West Saint John, and concluding that the truck route situation has been discussed with the Police Department which will be monitoring truck traffic and will take appropriate action as required -- be received and filed. I . Question being taken, the motion was carried. ~ r I 149 Read a letter from Councillor Flewwelling requesting that, becuase he has been questioned several times in the past few weeks by citizens concerning the hiring policy of the City of Saint John, this policy be explained publicly in open session of Council. Councillor Flewwelling questioned the hiring policy, particularly with regard to the education requirements, to which Hr. Groody replied that the policy is basically to hire the most competent, well-motivated, responsible persons possible who are available within the City with preference given to residents of Saint John and, although there are no firm rules with regard to educational standards, the policy has been to hire the best people available and during the last year, for example, four new persons were added to the outside workers group all of whom had grade 12 or better, plus additional qualifications, such as a welding certificate, etc., and in the Fire Department six new persons were hired in 1986 and three in 1987 to date, each of whom has grade 12 or better; therefore, education has been a factor in the selection process. Councillor Flewwelling expressed the opinion that persons with experience could be equal to persons with a higher education level and Mr. Groody replied that staff reviews all factors. . I On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the above letter from Councillor Flewwelling be received and filed. . Councillor A. Vincent asked if Mr. Groody is responsible for hiring civilians in the Police Department to which Mr. Groody replied that the responsibility of the Human Resources Department is for all other areas except the Police Force which is the re- sponsibility of the Saint John Board of Police Commissioners and that the Local No. 486 jobs within the Department are presently staffed by the Police Force personnel. Councillor A. Vincent asked why the last four civilian positions were filled by non-residents of the City and why a position of switchboard operator was filled by a person from Fredericton to which Mr. Groody re-iterated that the Human Resources Department does not administer staffing for the Police Force, and Chief Riley confirmed that the persons hired for the positions were processed by the Department's Staffing Officer with the best-qualified candidates employed and expressed the understanding that some recent adverse publicity occurred in a local newspaper with regard to the hiring of one person to work on the communication centre. Councillor MacDougall questioned the propriety of this discussion and Chief Riley, in response to Councillor A. Vincent's request for a report including the names and addresses of the persons employed, advised that this is entirely a matter for the Saint John Board of Police Commissioners and the Chief of Police and suggested that, if this matter is referred to the Board, it will be explained. On motion of Councillor Vaughan I Seconded by Councillor Rogers RESOLVED that the above matter be referred to the Saint John Board of Police Commissioners for a report to Council. Question being taken, the referral motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following resolutions be adopted for submission to the Cities of New Brunswick Association meeting to be held in Saint John on February 13 and 14, 1987:- (1) WHEREAS the Provincial Department of Transportation has retained maintenance jurisdiction over certain major highways across cities; . AND WHEREAS visitors to the Province receive a major impression as to the attractiveness of the area from the way in which open spaces are maintained; AND WHEREAS the Province has not maintained the land- scaping of the areas surrounding these highways or has not landscaped some of these areas at all; .1 AND WHEREAS in some cases the municipalities have them- selves had to carry out this work in order to complement their own responsibilities in creating an attractive environment: THEREFORE BE IT RESOLVED that the Provincial Department of Transportation be asked to place a greater priority on suitable maintenance of the landscaped areas of highways within cities. I (2) WHEREAS changes of society have continuously enlarged the role of government, particularly the Provincial Government; AND WHEREAS the increase in government employment is concentrated within Fredericton; AND WHEREAS the services provided to citizens of the Province can often be more readily done on a regional basis: . THEREFORE BE IT RESOLVED that the Province accelerate its program of regionalizing Provincial services with particular emphasis On establishing employment within all the cities of New Brunswick. ~ 'i/..~ 150 (3) WHEREAS it has long been recognized that municipalities which border on a city derive many services from that city without sharing in the cost thereof; . AND WHEREAS the Province has recognized this to some extent; AND WHEREAS the recent adjustment of the Unconditional Grant Formula by the Province is a partial acknowledgement of this problem; AND WHEREAS notwithstanding this adjustment, the municipalities surrounding a city not only enjoy substantially lower tax rates than the City but also enjoy substantially lower tax rates than other municipalities of the same size existing in isolation: I THEREFORE BE IT RESOLVED that the Province be requested to further examine this differential with a view,to_ equalizing such rates and transferring more of the cost of regional services from the central city to the whole benefiting area. I (4) WHEREAS the Province is placing increased emphasis on the development of comprehensive waste management programs; AND WHEREAS public input on sites for controlled waste disposal areas for New Brunswick has been strongly against the proposed locations; AND WHEREAS unless the Province is able to establish such locations, the municipalities will be left with the controlled wastes in their own disposal areas: . THEREFORE BE IT RESOLVED that the Province be encouraged to continue its initiatives in waste management for the benefit of all New Brunswickers. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the following resolution be adopted, namely:- WHEREAS Saint John Shipbuilding Limited is Manager and Prime Contractor for the $3.85 billion Canadian Patrol Frigate Project; I AND WHEREAS this Project has brought sophisticated management techniques along with the latest design and building methods to Saint John and New Brunswick and whereas this carrying of this program brings a lasting benefit to the whole Province; AND WHEREAS the Federal Government is now considering the award of contracts for the next six frigates in the program; AND WHEREAS Saint John Shipbuilding Limited has the manpower, skills, resources and commitment to carry out the entire new phase of the program: . THEREFORE BElT RESOLVED that the Common Council of the City of Saint John supports the initiative of Saint John Shipbuilding Limited for the next six frigates and requests the Province to continue with its full support. Question being taken, the motion was carried. ,- '--~ On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Rockwood Park Golf Course Irrigation Expansion Atlantic Irrigation Services Ltd. Irrigation expansion Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 6, 1987 Final holdback release I, $86,950.00 77,130.26 Nil 65,560.72 $11,569.54 Question being taken, the motion was carried. . ~ II""" - 15,' On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of December 15, 1986 concerning the sale of property on Tisdale Lane to Wayne Doucette be amended by extending the date for completion of the sale from February 28, 1987 to on or before August 28, 1987, with all other wording of the resolution to remain unchanged. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, contract 87-1, Rothesay Avenue Operations Complex Phase II, be awarded to the low tenderer, Rocca Construction Ltd., at the tendered price of $807,635.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Councillor Vaughan asked if Council is guaranteed that the contractor and subcontractors will be using the specified material approved by the architect's specifications to which Mr. Robichaud stated that he will certainly give that assurance and, respecting the Mayor's observation that there will be no extras on the above contract, he replied that he could not say there would be absolutely no extras in view of the fact that the City, not necessarily the contractor, may request same; however, what the City has specified and what the contractor has bid on will not be changed and will be constructed unless for a good reason the City feels changes are required at which time staff will come back to Council. Councillor A. Vincent asked the name and amount of the bid of the mason contractor to which Mr. Robichaud replied that it is Saint John Bricklayers at a price of $105,000.00 and that, as this is the specified subcontractor, the City expects this subcontractor to perform the work and that no other subcontractor will be on the site for this purpose without City approval. The Mayor asked the company tp install windows to which Mr. Robichaud replied that the company is Consolidated Aluminum of Saint John. . Question being taken, the motion was carried. r'.',. ' Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports I Your Committee begs leave to report that it sat on January 12, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the City of Saint John sponsor one student for the Shad Valley Summer Program, for a total cost of $3,100.00, such program being a university-based, four-week program for grades 11 and 12 high school students held through the Canadian Centre for Creative Technology on the campuses of the Universities of New Brunswick, British Columbia, Calgary, Manitoba and Waterloo, beginning June 28, 1987. 2. That as recommended by the City Manager, the freehold interest in Lot 858 Dukes Ward, 232 Duke Street, be sold to the lessee, Andrew Bruce Malcolm, for the price of $1;900.00, representing 50% of the appraised value. . 3. That as recommended by the City Manager, the lease dated December 21, 1961 between the City and David Creamer for a property described as Lot 4 Block 17 Bridge Street (L.R.I.S. Number 373845) be cancelled and that the required notice of the cancellation be prepared and executed by the Legal Department. I 4. That as recommended by the City Manager, (1) the necessary advertising be authorized for the closing of the portion of Woodlawn Avenue lying between the property at 2 Jardine Street and the path leading from Jardine Street to Tisdale Lane, forming a rectangle of approximately 30 feet by 60 feet, (2) upon successful closing of the street, the closed portion be sold to Mrs. Susan Winter for a price of $1,000.00 plus all costs associated with the closing and transfer, the parcel to be transferred to be added to Mrs. Winter's property at 2 Jardine Street, and (3) the deposit of $500.00 received from Mrs. Winter to be used as a partial payment when the property is transferred to her or to be returned if the street closing is not completed. I 5. That as recommended by the City Manager, the City acquire the property at 13 Spar Cove Road from Margaret Bailey under the following terms: (1) the purchase price to be $20,000.00, (2) the sale to take place on or before February 27, 1987, (3) Miss Bailey to be given a lease on the property until May 31, 1987 at a total rental of $1.00 and (4) the lease to specify that Miss Bailey will be responsible for all expenses associated with the property except taxes, that the City will carry no fire insurance on the building and will do no repairs and, if emergency repairs are required, they will be completed at Miss Bailey's expense. 6. That as recommended by the City Manager, the old chemical truck be turned over to the Grand Bay Fire Department without the winch and other equipment which is needed by the City. . January 19, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. ..... ,., 152 . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 1 of the above . report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above I. report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Schermerhorn. . Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion: was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on December 1, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- . 1. That the following recommendation of the Nominating Committee be adopted, namely:- that the following persons be appointed to the Saint John Fundy Region Development Commission for a term to expire December 31, 1988: G. Forbes Elliot, William G. Bartlett and Walter Flewelling. January 19th, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. .il On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) I, To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on December 22, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- . - , ~ ,... ~53 . 1. That as recommended by the Nominating Committee, Messrs. Harry Gaunce and James White be appointed to the Saint John Port Development Commission for a two-year term from January 1, 1987. 2. to the 1988. That as recommended by the Nominating Committee, Mr. John Emmerson be appointed Saint John Fundy Region Development Commission for a term to expire December 31, January 19, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendations therein be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of George Clifford, an employee of the Fire Department, in accordance with Section 9(1) of the City of Saint John Pension Act, effective as of the date of his termination, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of Daryl S. Fraser with regard to 377 Lakeview Drive showing the 6.1 meter wide municipal services easement. Question being taken, the motion was carried. I Consideration was given to a letter from the Planning Advisory Committee recommending that' (1) Common Council assent to the subdivision plan of Bon Accord Subdivision Phase 3, Stage 1, prepared in accordance with the plan adopted by Common Council resolution of January 12, 1977 pursuant to Section 39 of the Community Planning Act except that the width of Nairn Crescent shall be 60 feet and (2) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of required services and to include a condition that the Developer shall seek an amendment to the Plan adopted by Section 39 resolution such that the two twelve-unit apartment building shall be deleted and the land developed with tWO-family buildings. Her Worship the Mayor noted that the proper motion is to authorize the proposed amendment to the Section 39re-zoning for a public hearing in this regard. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that authority be granted for the necessary advertising with regard to the above-proposed amendment to the Section 39 re- zoning, with the public hearing to be held on March 2, 1987. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I, Seconded by Councillor Vaughan RESOLVED that the letter from The Honourable Robert C. Jackson, Minister of Municipal Affiars and Environment, regarding Common Council resolution of August 5, 1986 requesting that the Building Inspector and the Assistant City Manager - Operations be designated as persons who may exercise the powers set out ,in Section 190.1 of the Municipalities Act; designating, pursuant to subsection 190.1(2) of the Municipalities Act, Mr. John Johnson, Building Inspector, and Mr. Charles RobiChaud, Assistant City Manager - Operations, together with such persons as ay subsequently occupy those offices from time to time, for the purposes of removing or demolishing any buildings, structures, obstructions, or encroachments upon any streets within the City pursuant to the authority conferred by that section on condition that all such actions shall be taken at the sole risk and expense of the City of Saint John and that, should any action or application to the court be required in pursuance of those powers, the action or application will be styled in the name of the Minister's designate, rather than in the name of the Minister's Office -- be received and filed ith appreciation. ' I, Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Louis E. urphy, M.L.A. - Saint John Harbour, regarding Common Council resolution of December 8, 1986 concerning the traffic pattern at the intersection of Greenhead and Dever Roads and the request for a flashing light at the Lancaster Baptist Church -- be received and iled. Deputy Mayor Gould suggested that Mr. Murphy be provided with a copy of the esults of the traffic surveys carried out in the above area on which Council based its revious decision. .... ~ 154 , Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that authority be granted for payment of the invoice of the Cities of New Brunswick Association, in the total amounts of $9,734.36, representing 1987 Association dues and the Provincial-Municipal Council warrant, in the amounts of $1,537.00 and $8,197.36, respectively. Question being taken, the motion was carried. On motion of Councillor Davis I Seconded by Councillor Flewwelling RESOLVED that the letter from Rose M. Hamilton and the letter from: _~. Jeanne R. Haycock, President of Alexandra Senior Citizens Club, regarding the removal of snow from bus stops and sidwalks -~ be referred to the City Manager. Mr. Robichaud advised that staff recognizes that there is a major problem with snow at bus stops and advised that, if there are no major problems, all divisions will react to cleaning bus stops on the morning of the second day after,a snow storm; however, he is arranging a meeting with Saint John Transit Commission to discuss this matter fully so that all concerned will be aware of staff's proposal and, if the proposed action is not adequate, staff will require direction. The Mayor suggested that staff should give consideration to a snow removal process whereby the snow is plowed into the middle of the street for subsequent removal thereby providing access to parking meters, bus stops, etc. r- ; 1 Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mrs. Joan Parfitt regarding the infill housing at 125 and 101-103 Mecklenburg Street and 266-268 Duke Street, noting that the format seems to have changed in the field of housing when variances are requested by the Planning Advisory Committee without any input by those concerned except at the last minute when they received letters telling what was to happen in their neighbourhood, and suggesting that Councillor MacDougall, who has lived in the South End for many years and chaired the residents association meetings in the 1970s, could suggest some form of communication rather than letters forwarded at the last minute stating what is going to happen adjacent to one's residence -- be referred to the City Manager. I Councillor MacDougall suggested that consideration could be given to appointing a South End resident to the Board of Saint John Non~ Profit Housing Inc. and also that representatives of the South End area should form a South End improvement association similar to the group which existed in the 1970s which would assist in bridging the communication gap between the City and the residents. Deputy Mayor Gould referred to a residence in the area concerned to which Mrs. Parfitt alludes in the above letter which is in deplorable condition and asked if consideration is being given to removing this building. Mr. Todd replied that, if the building being referred to is one of those included in the photographs submitted by Mrs. Parfitt in the above letter, it is his understanding that arrangements have been made to rehabilitate this building. The Mayor suggested that Deputy Mayor Gould's query with regard to parking which is broached in the above letter should be referred to the Saint John Parking Commission and added that she, the City Manager and Mr. Todd will be meeting this week with representatives of the South End with regard to the housing matter. Councillor Rogers, a member of the Saint John Preservation Review Board, commented on the question of allowing a particular historic building to be restored on a traditional 40 foot lot thereby creating a problem with regard to parking vehicles, such matter referred to in the above letter. . On motion of Councillor Vaughan I; , ' Question being taken, the motion was carried. Seconded by Councillor Flewwelling RESOLVED that staff be requested to submit an up-to-date report on the status'of the building at 139 , Mecklenburg Street. Question being taken, the motion was carried. I Councillor A. Vincent asked for a status report from the City Manager on the possibility of locating premises for the Korean Veterans Association. On motion of Councillor Gould adjourned. Seconded by Councillor Flewwelling RESOLVED that this meeting be . Question being taken, the motion was carried. ~o~~ifd ...4 ~ 155 At a meet1ng 0 t e Common Counc1, e John, on Monday, the twenty-sixth day of January, Sa1nt . present Elsie E. Wayne, Mayor Councillors Davis, Fle~velling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; D. J. French, Director of Personnel Administration and Planning; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Reverend R. B. Stockall of the Mission Church of St. John The Baptist offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on January 19, 1987, be approved. Councillor A. vincent asked when the reports, which he requested at the above meeting, with regard to the hiring policy of the Police Department and respecting premises for the Korean Veterans Association, will be submitted to Council to which the Mayor replied that the former information will be submitted to Council in Committee of the Whole and Mr. Clark advised that staff will attempt to have a report on the latter matter available for the next meeting. Question being taken, the motion was carried. I Her Worship the Mayor advised that the statistics quoted on the City's population, which was the subject of a recent local radio broadcast, do not represent the final count of the population of Saint John and that Statistics Canada will release a final population report in April 1987. Her Worship the Mayor announced that the Rochester American Hockey League Team will be in Fredericton and Moncton for games the week of March 12 to 19 and that, through the efforts of the Major Tournament Committee, the team members will stay in Saint John during that week during which time they will assist the City's minor hockey group with clinics, and commended the members of the Major Tournament Committee for their efforts in this regard. (Councillor Rogers entered the meeting during the foregoing remarks.) Her Worship the Mayor commented on the Charles I. Gorman Memorial Meet and the N. B. Outdoor Amateur Speedskating ChampionShips held at Lily Lake on January 24, 1987, and commended the Hilton International Saint John which was the recipient of the Hilton International Maurice Reymond Award of Excellence for the year 1985; and read a proclamation the week of January 26, 1987 to be Junior Achievement Week in the City of . Consideration was given to a letter from Councillor MacDougall expressing the pinion that, during the past few weeks, the patients or residents of Courtenay House on road Street have been caused undue and undeserved discomfort; advising that, being familiar with the care given the residents of Courtenay House, he concurs with the bservations made public by Dr. Phillips, one of the attending physicians, and recommending that the Mayor approach the Minister of Health requesting a committee of three to arbitrate his disupute, one member to be appointed by the Minister of Health, one member to be ppointed by Council and one member to be appointed by the Special Care Home Association, nd that, in the meantime, residents and staff be reassured that no further changes will ake place until the findings of this committee are made known. Councillor MacDougall proposed a motion, which was seconded by Councillor Vaughan, that the above recommendation be adopted whereupon Deputy Mayor Gould suggested that, as he does not have detailed knowledge on the subject of special care homes and although the proposed resolution may assist in resolving the problem, the Mayor should approach the Minister of Health and Community Services and offer the City's assistance thereby allowing the Minister to determine how the City can assist and advised that he would be reluctant to support the portion of the proposed motion indicating that residents and staff be reassured that no further changes will take place until the findings of the committee are made known. The Mayor expressed concern with regard to the proposed motion and asked for direction from the City Solicitor insofar as liability is concerned with regard to the portion of the resolution referred to by Deputy Mayor Gould to which Mr. Rodgers expressed the opinion that, from a legal standpoint, he sees no problem with the resolution if the latter part is clarified to the point that Council requests the Minister to grant the reassurance and that Council is not making such reassurance to the residents and staff concerned. Discussion ensued during which time Councillor MacDougall expressed his willingness to change the proposed motion in whatever way necessary to assist in the situation and the Mayor suggested that she could approach the Minister and determine if there is anything Council can do on a local level to assist the two parties in resolving the problem, whereupon Councillor MacDougall withdrew the proposed motion. I I . ~ ~ 156 On motion of Councilior MacDougall Seconded by Councillor Gould RESOLVED that Her Worship the Mayor approach the Minister of Health and Community Services to determine what, if any, action the City can take locally to assist the two parties in resolving the above matter. . Question being taken, the motion was carried. The Mayor advised that she will report to Council on the above matter following her approach to the Minister. On motion of Councillor MacDougall I Seconded by Councillor Rogers RESOLVED that the letter from Councillor MacDougall noting that, for some time, now' except for three' days ,aweek, the Archives section of the New Brunswick Museum has been closed to the public which should be unacceptable to the citizens of the Province and the City, and that staff and the facilities are overworked on the days the Museum is open; and recommending that the Province be urged to provide the same level of archive service at the Museum as is,: provided in the Archives in Fredericton, the latter being open six days a week -- be received and filed and the recommendation adopted. ,_." I The Mayor advised that earlier this date confidential information was brought to her attention regarding the above matter and suggested that, as it is her intention to submit same to Council in Committee of the Whole later this date, Council may wish to table, the above matter until its next meeting. On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week pending discussion of the above-mentioned information. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a letter from the Commissioner of Community Planning and Development regarding the building at 441 Olive Street, the demolition of which was authorized by Common Council resolution of February 18, 1985 and the subject of an agreement approved by Common Council resolution of March 25, 1985 which provided for the demolition of part of the building and the renovation of the remainder with the owner to provide a $3,000.00 deposit to ensure the performance of the work; advising that the owner has now requested that the deposit be refunded and recommending that, as the owner has substantially complied with the agreement as outlined on the submitted Schedule A and the building is no longer considered to be dangerous by the Building Inspector, the deposit be refunded -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager advising that staff has examined the request by Councillor Flewwelling on January 12, 1987 for traffic signals to be located at the intersection of Manawagonish Road and Manchester Avenue and estimated that $132,000.00 is required for work related to this intersection, including concrete curb and sidewalk on the south side of Manawagonish Road between pickard Street and Kierstead Road and traffic signals at the intersection of ManawagonishjManchesterjKierstead, with an estimated cost of $39,000.00 required to upgrade concrete curb and sidewalk on the north side of Manawagonish Road between Birch and pickard Streets, and concluding that both of these projects will be included in the preliminary proposals for the 1987 Capital Budget which will be submitted for Council's consideration early in March be received and referred to the 1987 Capital Budget for consideration. . I Councillor Knibb expressed opposition to the above motion on the basis that it is too costly a project for an intersection that is working reasonably well and that there are no traffic figures to indicate that there is a problem in the area, and during discussion Mr. Robichaud confirmed that the above situation is not considered to be an extremely serious problem. I: Question being taken, the motion was carried with Councillor Knibb voting "nay". Read a letter from the City Manager submitting a report from the Assistant City Manager - Operations, including the response which the Traffic Engineer had previously forwarded to the President of St. Pius X Parish Council, with regard to a request from the Parish Council for an illuminated cross-walk on Somerset Street near St. Pius Church, which was the subject of a letter from the Mayor to Council on January 12, 1987; advising that the Chief of Police concurs with the submitted report and that, with the addition . ~ II""" 157 of a double-face pedestrian crosswalk sign as recommended by staff and with the present good standard of street illumination in this area, there is no safety reason for upgrading this particular pedestrian crossing, and concluding that, as the Traffic Engineer points out, pedestrian crosswalks function very well when there is direct and positive communication between pedestrian and motorist and, if the pedestrian clearly indicates the intention to cross, the motorist will respond. . I Councillor Knibb proposed a motion, which was seconded by Councillor Flewwelling, that the City Manager's recommendation to receive and file the above report be adopted. Councillo~ A. Vincent asked if staff visited the area in question to which Mr. Robichaud replied in the affirmative and that the standard engineering criteria was applied which indicates that there is no problem in the area concerned and noted that staff's recommend- ation is that only that a double-face pedestrian crosswalk sign be added in the area. Councillor Davis suggested that, as Somerset Street is part of the ambulance route to the Regional Hospital, caution must be exercised so as not to create a hazard by giving a false sense of security to pedestrians by marking a crosswalk in an area as a protection against a speeding ambulance, and Councillor MacDougall suggested that the double-face pedestrian crosswalk sign should be installed as recommended by staff following which the situation can be monitored for six months to determine if the problem is resolved, and Councillor Schermerhorn suggested that St. Pius X Church should be requested to monitor the situation and advise the City accordingly. 'I On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the above letter from the City Manager be received and filed and the St. Pius X Parish Council be requested to monitor the situation for six months and advise Council accordingly. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-97 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximate 2.8 acre parcel of land located on the northeast corner of Molson Avenue and Sand Cove Road (L.R.I.S. Number 386755), from "I-I" Light Industrial to "RM-l" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to an agreement in accordance with the recommendation of the Planning Advisory Committee in its report to Council on January 19, 1987, with the exception that the requirement for a sidewalk on Sand Cove Road and a second exit be eliminated. The by-law entitled, "By-Law Number C.P. 100-97 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. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on January 19, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan andA. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Grants Advisory Board, a grant in the amount of $2,000.00 be approved for the 1987 Canadian Firefighters Conference with an amount of $4,000.00 to be guaranteed to cover any operating deficit which might occur in the hosting of this Conference. .1 2. That as recommended by the Nominating Committee, Mr. Lloyd Goldsmith and Mrs. Constance Erb be appointed to the Saint John Parking Commission for a term to expire December 31, 1988. 3. That as recommended by the Nominating Committee, Mr. Peter G. Murray be appointed to the Saint John Fundy Region Development Commission for a term to expire December 31, 1988. I 4. That as recommended by the Nominating Committee, Council adopt the Saint John Board of Trade's recommendation that Mr. Edward Reevey be reappointed to the Saint John Port Development Commission for a term to expire December 31, 1988. 5. That as recommended by the City Manager, Council approve the submitted 5-year plan for. capital improvements on Provincially-designated highways. . 6. That with regard to the offer to sell to the City the former location of the Home for the Blind on Manawagonish Road for a price of $462,000.00, Council adopt the recommendation of the City Manager that Cathy Burhoe, the Real Estate Agent who approached the City concerning the possible acquisition of the former Home for the Blind, be advised that the City has no interest in the acquisition at the present time. 7. roperty land and That as recommended by at 321 Princess Street, cancelling the lease. the City Manager, the City acquire full title to the known as Lot 4, Block E Queens ~ard, by re-entering the .... '158 8. That with regard to the request of Crescent Valley Community Church to purchase one acre of land adjacent to the Church's property on the corner of Somerset Street and the new road to the Hospital, Council adopt the recommendation of the City Manager that Crescent Valley Community Church be advised that it is City policy that land to be sold will be developed in a particular manner within a specific period of time and, since the Church has no firm proposal for the use of this land, the City is unable to comply with its request at this time. .1 January 26, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. Seconded by Councillor Schermerhorn RESOLVED that section 1 of the '1 On motion of Councillor Knibb above report be adopted. . ._,1, 0"_-:-.'" If, Question being taken, the motion was, ,carried. Seconded by Councillor Vaughan RESOLVED that section 2 of the I On motion of Councillor Flewwelling above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 3 of the . above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 5 of the above 'I. -= report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 8 of the I above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Tourism Advisory Commission recommending that Mr. Neil Hornsby, Manager of the Delta Hotel, be approved as the replacement on the Tourism Advisory Commission for Mr. Michael Brake, who has been transferred to Toronto -- be received and filed and the recommendation adopted. I. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. R. A. Corbett, M.P. Fundy-Royal, submitting a copy of his statement before the . ~ II""" 159 House of Commons on November 27, 1986 with regard to the inquiry by the Canadian Tariff Board into the import of raw sugar and advising that he shares Council's concern regarding the negative effect the possible imposition of a 25 cent floor price could have to the Saint John economy -- be received and filed with appreciation. . t Councillor Rogers asked the status of the above matter and the need, if any, for more public attention to be drawn to the situation to which the Mayor replied that, in view of the denial of the corn farmers and wheat growers request for an extension from March through until June in order to make further representation to the Tariff Board, the Tariff Board must present its findings to The Honourable Mr. Wilson, Federal Minister of Finance, by March 27, 1987 fOllowing which the Federal Cabinet has two weeks to deal with the matter with the decision to be made public, and she commented on the City's efforts, through the City Manager's Office, to assist citizens in forwarding letters to the Prime Minister in this regard. Question be~ng taken, the motion was carried. On motion of Councillor Knibb , , I Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor John N. Brittain of the Village of East Riverside-Kingshurst, N; B., endorsing the City's position with regard to the proposed tariff on raw sugar -- be received and filed with appreciation and included in the submission to the Federal Government. Question being taken, the motion was carried. On motion of Councillor Rogers . Seconded by Councillor Schermerhorn RESOLVED that the letter from the law firm of Barry, O'Neil & Company, solicitors for a number of businessmen and property owners situate on Prince William Street between Princess and Duke Streets, reminding Council of the interest of their clients in having their area redeveloped, which was expressed in previous letters to Council, dated May 5 and May 29, 1986 and considered in Committee of the Whole on May 20 and June 2, 1986, respectively; requesting Council to seriously consider the continued redevelopment of Prince William Street to Duke Street in the 1987 Capital Budget and, if it appears that this area may not be the subject of redevelopment in 1987, the opportunity for their clients to appear before Council to present their arguments for the completion of the redevelopment of Prince William Street, the reasons for which are adequately set out in their May 5, 1986 letter -- be referred to the City Manager for consideration in the 1987 Capital Budget. I Councillor Knibb suggested that, in view of the $7 million being expended to renovate Saint John High School, it would be in order for the redevelopment of Prince William Street to extend to Queen Street, although in his opinion there are other more urgent projects which Council must consider in the 1987 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the letter from the Saint John Chapter of the UNBSJ Alumni congratulating the City on its initiative in promotiong the formation of the joint Saint John City - UNBSJ Advisory Committee, which had been recognized in the Gillies report to the City -- be received and filed with appreciation. Question being taken, the motion was carried. . On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from Lower Cove Housing Co-Op Inc. expressing support of the principle of infill housing as proposed by Saint John Non-Profit Housing Inc. and suggesting that Council must maintain a dialogue ith the public, including the various community groups responding to housing issues, in order to generate the necessary spirit of community improvement -- be received and filed ith appreciation and that a copy be forwarded to Saint John Non-Profit Housing Inc. Councillor Rogers questioned the status of the residential parking permit atter and asked if the City is aware of the standard of the specific housing referred to in the above letter to which Mr. Rodgers noted that the residential parking permit is the subject of a petition to the Provincial Legislature for an amendment to the Parking Commission Act, and Mr. Johnson advised that, although he is not familiar with the specific roperty to which reference is made, he will contact the group in this regard. Question being taken, the motion was carried. I The Mayor expressed appreciation to the President of Canada Mortgage and Housing Corporation and the Chairman of the Board of the Corporation for their co-operation and ssistance with regard to maintaining housing programs in the City of Saint John. On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City f Saint John express appreciation to Canada Mortgage and Housing Corporation for ensuring he retention in Saint John of housing programs and a full complement of CMHC Office taff members who have been so important in the development of housing in the City of aint John. ... " '- 160 . Councillor A. vincent asked that a copy of the above resolution be forwarded to Mr. G. Merrithew, Federal Minister of State for Forestry and Mines, who was of assistance in this matter. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. '1 YA4Aff ~ V);//~ mmon Clerk <' I . I ~ . ,I, I~ . ~ ",... 161 At a meeting of the Common Council, held at the City Hall in the City of saint John; on Monday, the second day of February, A.D. 1987, at 7:00 o'clock p.m. . present Arthur L. Gould, Esquire, Deputy Mayor Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; J. Levesque, Public Relations Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism; Mrs. M.Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I, Archdeacon H. C. Quinn of St. Luke's Church offered the opening prayer. Deputy Mayor Gould asked that the City Manager's letter regarding the Korea Veterans Association, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Deputy Mayor Gould referred to a letter from the City Manager (copies of which were distributed to Council members in Committee of the Whole earlier this date) concerning Her Worship the Mayor's trip to London, England, from January 31 to February 4, 1987, to participate in a number of high-profile activities associated with Saint John's forthcoming World Chess Festival, and submitting a copy of her itinerary, and asked for a motion to add the item to the agenda. ,I On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above-mentioned item be added to the agenda and received and filed. Councillor Flewwelling advised that the Province is contributing 60% of the cost of the above promotion. Question being taken, the motion was carried. . Deputy Mayor Gould read a proclamation proclaiming February 7 to 14, 1987 to be Bowl for Kids week in the City of Saint John and urged all citizens to support this Big Brothers/Big Sisters Campaign. Councillor M. Vincent expressed appreciation to the persons involved in the Charles I. Gorman Memorial Meet and the N.B. Outdoor Amateur Speedskating Championships held at Lily Lake on January 24, 1987, and advised that the Major Tournament Committee will be submitting a final report in this regard. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on January 26, 1987, be approved. I, ~ Question being taken, the motion was carried. Deputy Mayor Gould advised that the City Manager has requested that his letter regarding the winter and summer maintenance agreement for Provincial highways be withdrawn from the agenda for further review of the amounts shown therein. On motion of Councillor A. Vincent -I Seconded by Councillor SChermerhorn RESOLVED that the above-mentioned item be withdrawn from the agenda. Question being taken, the motion was carried. . It was noted that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 40 Canon Street (L.R.I.S. Number 26373), measuring approximately 38 feet wide by 72 feet deep, from Medium Density Residential to District Centre Commercial classification and (b) re-zoning the same parcel of land from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the continued use of the existing building for offices and apartments, as requested by Wayne Erb Builders Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the above application not be approved. ... 162 1 . Mr. Wayne Erb appeared in support of the above application and advised that the main reason for applying for the re-zoningof the property was related to a sign which the Company erected a few months ago and that, following the Planning Advisory Committee meeting during which the application was discussed, he removed the sign in question. Mr. Erb also advised that the company occupies approximately 700 square feet of the building at 40 Canon Street and has been operating in this location for approximately 8 years, employing between six to eight persons between the hours of nine a.m. and five p.m. Mr. Erb also advised that the Company maintains the property in good repair and, although the adjacent property is not owned by the Company, the Company ensures that this property is kept clean. Mr. Erb concluded that, at this point in time, it is a matter of being able to maintain his livelihood by carrying on his business as the sign is no longer an issue as it has been removed. . ~I' ,- Deputy Mayor Gould noted that the Planning Advisory Committee was also concerned about the lack of parking and the operating of a business in a residential area and, with regard to the matter of parking, Mr. Erb advised that his Company occupies one of six apartments in the building and, in his opinion, any parking problem would not be alleviated by the absence of his Company in view of there being only him and one other person in the office during the working office and there is no overnight parking required. Councillor Knibb asked if, in fact, Mr. Erb is withdrawing the application to which Mr. Erb replied in the affirmative. I Councillor Knibb proposed a motion, which was seconded by Councillor MacDougall, that Council dispense with any further discussion of the above matter and proceed with the next item of business in view of the applicant withdrawing the application. Discussion ensued regarding the status of Mr. Erb's company in view of the requested withdrawal of his application to which Mr. Brown replied that presently the use of the property is contrary to the provisions of the Zoning By-Law and, in effect, the use should not be continuing; therefore, in the event the application is withdrawn, the City should proceed to have the use stopped and Mr. Erb, in expressing his awareness of the possibility that the use of the property could be stopped, expressed the hope that the City would have compassion for a small business which has been operating without causing any problems on the subject site for eight years until the sign became an issue. Mr. Brown noted that Mrs. Shelly Walker, who owns 50% of the other neighbouring properties in the area, forwarded a letter of objection to the Planning Advisory Committee, a copy of which is submitted with the above correspondence, and Mr. Rodgers expressed the opinion that, in view of the fact that Council does not have Mr. Erb's written request to withdraw the application, Council does not have to grant his request to withdraw the application at this time and suggested that Council continue with and complete the public hearing following which the matter should be tabled to allow staff to review the circumstances surrounding the non-conforming use question in the event Mr. Erb can take other action, whereupon the proposed motion was withdrawn with the consent of the mover and seconder. Discussion continued regarding the possibility of Mr. Erb relocating his business, and Councillor Davis noted that, as indicated in the above correspondence, Canon Street was part of a study of the valley area completed in 1981 at which time redevelopment of the area for commercial purposes was not proposed and questioned the feasibility of Council taking contrary action. Councillor A. Vincent proposed a motion that this matter be laid on the table for six months and Mr. Erb meet with City staff whereupon Deputy Mayor Gould asked the City Solicitor's direction on what action Council should take to achieve what Councillor A. Vincent is proposing. ~r. Rodgers, in noting that the application would lapse if no action is taken six months from the date of the first advertisement, re-iterated his suggestion that this matter should be tabled for one week to determine the question of noh-conforming use of the property and to allow Mr. Erb an opportunity to submit a letter requesting withdrawal of the application in order to have a document on record to this effect. . 01 . On motion of Councillor A. Vincent Seconded by Councillor M. vincent RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. ,I' ........ On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received .!ind filed. Question being taken, the motion was carried. , It eas noted that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan; to redesignate a 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S.Number 395863), the former Dr. William F. Roberts Hospital School site, from Major Institutional to District Centre Commercial classification and (b) re-zoning the same parcel of land from "IL-2" Major Institutional to "ID" Integrated Development classification, to permit the development of the Maritime Opportunity Centre which will include a trade centre, a training school (with accommodation), meeting rooms, offices and craft production areas in the existing building, as requested by Mr. Ken Biron, Biron Engineering Ltd., and that no written objections were received in this regard. . ~ II""" 163 Consideration was given to a letter from. the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Development Plan be amended to redesignate the 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863) from Major Institutional to District Centre Commercial classification and (2) the same parcel of land be re-zoned from "IL-2" Major Institutional to "ID" Integrated Development classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which would (a) limit the development of the facility to the existing building involving a combination of the following uses: (i) permanent display and exhibition space, (ii) offices and meeting rooms, (iii) educational/training facilities, including associated residential accommodation, (iv) research facilities and electronic production areas, (v) craft production areas and (vi) the existing semi-detached dwelling; (b) require the submission of detailed site plans indicating landscaping, paving, signage and parking areas to the Deputy Commissioner of Community Planning and approval thereof prior to any modification to the site features; (c) require,the provision of parking spaces in a quantity which would be required in a "B-2" General Business zone as each phase of the project is developed and (d) specifically prohibit the development of other commercial ,uses on those portions of the site that are not presently developed. . I~ I; Mr. Ken Biron, President of Biron Engineering Ltd., appeared in support of the application and advised that it is the intention and desire of Maritime Opportunity Centre Inc. to add something beneficial and attractive to the community for all citizens with the use of its permanent product displays and that it is hoped that this Centre will enhance trade in the Saint John area. Mr. Biron also advised that the Centre will have both cultural and educational aspects and should also be a tourist attraction to the area. . Councillor Rogers requested clarification of the reference in the submitted correspondence to apartments and associated residential accommodations to which Mr. Biron replied that, on the basis that many large corporations wish to provide intensive training courses for their employees away from offices and families and in an environment whereby they have the employees' undivided attention for approximately 12 hours a day, the former Dr. Roberts Hospital School already has facilities therein which will accommodate such live-in training sessions and also there is a duplex dwelling on the premises, one unit of which is rented with the other unit accommodating a live-in superintendent. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863), from Major Institutional to District Centre Commercial classifi- cation, be read a first time. Law". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863), from Major Institutional to District Centre Commercial classifi- cation, be read a second time. Law". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By- . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By~ Law of the City of Saint John insofar as it concerns re-zoning the 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863), from "IL-2" Major Institutional to "ID" Integrated Development classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. On motion of Councillor Schermerhorn I, Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John insofar as it concerns re-zoning the 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863), from "IL-2" Major Institutional to "ID" Integrated Development classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. ... 164 l . It was noted that the necesary advertising was completed for the proposed vesting in the City of the fee simple of the so-called "fire lane" or "service lane" lying south of Rothesay Avenue between Marlborough and Rockwood Avenues and that no written objections were received in this regard. No person was present to speak in connection with the said proposal. .' On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the fee simple in the so-called "fire lane" or "service lane" situate, lying and being in the Parish of Simonds (now the City of Saint John) in the County of Saint John and Province of New Brunswick and shown on a plan of Eastmount SUbdivision dated July 10, 1915 and prepared by Smith & Turnbull, Civil Engineers and Land Surveyors and beginning on the northeasterly sideline of Rockwood Avenue at a point distant one hundred feet (100') measured in a southeasterly direction from the intersection of the said northeasterly sideline of Rockwood Avenue and the southeasterly sideline of Rothesay Avenue, thence in a northeasterly direction along the rear of lots fronting on Rothesay Avenue to the southwesterly sideline of Marlborough Avenue, thence in a southeasterly direction to the rear line of lots fronting on Wellington Street, thence in a southwesterly direction along the said rear line to the said northeasterly sideline of Rockwood Avenue, thence in a northwesterly direction fifteen feet (15') more or less to a place of beginning, the above-described lands intending to be an undesignated lane approximately fifteen (15') wide between two tiers of lots comprising block 2 on the plan of Eastmount Subdivision aforesaid filed in the Saint John County Registry, Office as File 12, number 51, vest in the said City of Saint John pursuant to the provisions of "An Act To Authorize The City Of Saint John To Discontinue Or Temporarily Close Up Public Streets In The City Of Saint John When Necessary" (New Brunswick Statutes 56 Victoria 1893, Chapter 41 as amended), subject to any easements to the same expressly granted to or otherwise acquired by adjoining lot owners. I I) . Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to remove the Stage 2 designation on Schedule 9-A of the Plan with respect to a parcel of land containing approximately 83 acres located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (L.R.I.S. Number 326884), to permit re-zoning of the parcel from "RS-l" One- and Two-' Family Suburban Residential to "RR" Rural Residential classification so that it may be developed with a subdivision with minimum lot area of 1.25 acres and be serviced by individual wells and septic tank, as requested by Mr. Thomas E. Secord. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, regarding what, if any, action the City can take locally to assist the two parties in resolving the dispute with respect to Courtenay House on Broad Street, which was the subject of a resolution on January 26, 1987, expressing appreciation to Council for its obvious interest and concern about the well-being of special care residents and, in noting that the Department of Health and Community Services in accordance with the Family Services Act has the responsibility to ensure that citizens are provided appropriate support services and care, assuring Council that this is one of her priorities and that, although the situation with Courtenay House is most unfortunate, on the advice of the Department of Justice, her Department is proceeding according to the law -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne advising that St. Matthew's Presbyterian Church on Douglas Avenue is experiencing parking problems and, although it is the Church's intent to make permanent arrangements for parking to the rear of the Church, changes must be made to the driveway before such parking can be provided; therefore, the Church is requesting the City's assistance in allowing parking in the area during the times of the outreach program which is held on Tuesday and Wednesday evenings from 7:00 o'clock p.m. to 10:00 o'clock p.m.; also advising that there is a problem with snow removal on Douglas Avenue and that it is Reverend MacKenzie's intent'to forward a letter to her office with suggestions for Council's consideration for 1988's snow removal operations, and requesting that Council give consideration to assisting the Church with the necessary approval for parking to ensure the success of the worthwhile programs the Church is offering in the North End area -- be referred to the City Manager for a report and recommendation. I ;;;-""', .1 Chief Riley, replying to a query of Deputy Mayor Gould, confirmed that, although parking is permitted in the area between 10:00 o'clock a.m. and 2:00 o'clock p.m. on Sundays, the area is a no-parking zone otherwise and, should the City attempt to make an exception to this practice, there would be no end to the persons who would request similar exceptions to the law which, of course, the Police Department cannot make and that it is Council's decision on whether or not to amend the Traffic By-Law to provide for the parking requested. Councillor A. Vincent advised that Archdeacon Quinn has offered free parking at St. Luke's Church as a temporary solution to the problem. . ~ ,...- 165 Question being taken, the motion was carried. On motion of Councillor A. Vincent . Seconded by Councillor MacDougall RESOLVED that the Common Council of the City of Saint John express appreciation to Archdeacon H. C. Quinn for his offer of temporary parking at St. Luke's Church to St. Matthew's PreSbyterian Church. Question being taken, the motion was carried. On motion of Councillor Rogers I f Seconded by councillor Flewwelling RESOLVED that the letter from Councillor Rogers requesting an update on the status of the Lower West Side Neighbourhood Plan, which was presented to Council by the Lower West Side Neighbourhood Committee on March, 7, 1983 and brought to Council's attention again by the Mayor on July 7, 1986 at Wh1Ch ~lme the, matter was referred to the City Manager and appropriate staff to carry out the 1nstruct10ns of Council in this regard and report to Council on their findings -- be referred to the City Manager for an updated report. Mr. Clark advised that, in view of the many items currently under review by the Commissioner of Community Planning and Development, he is unable to advise when a full report on the above matter will be available; however, he will attempt to submit a report at the next Council meeting in this regard. Question being taken, the motion was carried. On motion of Councillor Rogers I. Seconded by Councillor Knibb RESOLVED that the letter from Councillor Rogers regarding the problem of Dutch Elm disease in the City, on which Mr. B. Sheridan, Assistant Director of Parks, reported verbally to Council on August 5, 1986, requesting, due to increased public inquiries in this respect, a full report on those trees which have been affected by Dutch Elm disease, including information on trees which may have to be cut down for other reasons -- be referred to the City Manager for an update in this regard. Councillor Davis asked the status of the spruce budworm situation at Loch Lomond and referred to a problem with sugar maple trees to which Mr. Robichaud suggested that Mr. Sheridan, who has expertise in forestry matters, could be requested to review this matter. Question being taken, the moton was carried. On motion of Councillor Rogers I Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor Rogers regarding the traffic problem at Simms Corner, which was the subject of Council resolutions of September 29 and October 27, 1986, requesting an updated report on this situation in order for this matter to be referred to the 1987 Capital Budget -- be referred to the City Manager for an updated report on this situation. Mr. Clark advised that it is his intention to include the above matter for consideration in the 1987 Capital Budget. Question being taken, the motion was carried. I. Read a letter from the City Manager submitting a report from the Deputy Commissioner of Housing & Renewal Services and Property Management relating to the GRIP application of Manford Thompson Construction Co. Ltd. for Blue Heron Park, advising that the initial grant available is calculated at $96,150.00 with the final actual grant to be available only upon completion of construction and assessment details; noting that Common Council resolution of January 26, 1987 authorized the execution of a subdivision agreement and that, including this application, the total budget commitment to date for the GRIP Program is $1,716,816.00 reSUlting in the potential development of 364 lots, and concurring with the Deputy Commissioner's recommendation that Council approve the GRIP application of Manford M. Thompson Construction Co. Ltd. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the GRIP application of Manford Thompson Construction Co. Ltd. for Blue Heron Park with the estimated grant to be $96,150.00, and that the Mayor and Common Clerk be authorized to execute the GRIP Agreement. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the possibility of providing City accommodations for the Korea Veterans Association, which was questioned by Council on August 5, 1986 and January 19 and 26, 1987, advising that staff has been in contact with the Association regarding its requirements and there is no unoccupied space in City buildings which would be available for this use and that the Association has been advised that its request will be placed on file in the event space becomes available -- be received and filed. . Question being taken, the motion was carried. t.... ~ 166 Read a letter from tfie City Solicitor regarding the proposed expropriation of the Murray & Gregory property at Falls View Park, which was discussed in Committee of the Whole on January 26, 1987, submitting the appropriate resolution for Council's consideration. . On motion of Councillor Schermerhorn . Seconded by Councillor Davis RESOLVED that the City Solicitor or his designate be authorized and instructed to institute and proceed with the expropriation of the fee simple interest in the lands fronting on the St. John River and identified as Area-l and Area-2 on the submitted sketch for the purpose of establishing a public park adjacent to the Reversing Falls Rapids together with a parking area: I AND FURTHER BE IT RESOLVED that the City of Saint John by its agents and/or employees enter upon the lands identified as Area-l and Area- 2 on the submitted sketch to ascertain its suitability for the purposes for which the expropriation is required and make such surveys as are necessary pursuant to Section 5(1) of the Expropriation Act, Chapter E-14, R.S.N.B. 1973, and amendments thereto: AND FURTHER BE IT RESOLVED that in order to facilitate the expro-"', priation the City Solicitor or his designate be authorized to commence appropriate proceedings to resolve any questions of ownership of the lands identified as Area-l and Area-2 on the submitted sketch: II AND FURTHER BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute all documentation required in the expropriation proceedings. Councillor Flewwelling referred to the possibility that an easement exists which allows the City the use of the property concerned to which Mr. Rodgers replied that the third section of the above motion authorizes the appropriate proceedings to obtain an interpretation from the Court as to the effect of the grants in the mid-1950s on the original 1927 deed. . Question being taken, the motion was carrled with Councillor A. Vincent voting "nay". Read a letter from the Common Clerk submitting a resolution from Legal Session of Council on January 26, 1987 regarding settlement of a claim for demolition costs at 72 Ropewalk Road. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Solicitor, the sum of $1,500.00 be accepted from Mrs. Irene o. Wright in full settlement of the City's claim against her for demolition costs at 72 Ropewalk Road, and that the Mayor and Common Clerk be authorized to execute on behalf of the City any legal documentation approved by the Legal Department as being necessary to effect this settlement. I Question being taken, the motion was carried. r Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on December 22, 1986, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn', Vaughan and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, the following appointments be made to the Environment Committee for a two-year term from January 1, 1987: Dr. Evan Pugh Dr. John Acker Mrs. Anna Boyle Mr. Eric L. Teed Mr. Morris Selick Nominee from the Saint John Construction Association Nominee from The Saint John District Labour Council Nominee from the Saint John Building & Construction Trades Council. I I February 2, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above report be received and filed and the recommendation therein be adopted. . Question being taken, the motion was carried. ~ "...- 167 Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on January 26, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommend- ations, namely:- 'I 1. That as recommended by the City Manager, Common Council resolution of April 28, 1986 which approved the option of Teron International Urban Development Corporation Ltd. for a Lease/Purchase Agreement respecting Site "D" Water Street, be amended by: (1) changing the date for cons.truction start from January 1, 1987 to July 1, 1987, (2) changing the date for construction completion from January 1, 1988 to July 1, 1988 and (3) changing the date for the commencement of the lease from January 1, 1987 to July 1, 1987. 2. That a grant in the amount of $5,000.00 be approved for The Saint John Symphony. " 3. That as recommended by the City Manager, Council confirm that the administration of the subleases for the Market Square Parking Garage, the Trade and Convention Centre and the Library, and for the operation of the Market Square Parking Garage, is assigned to The Market Square Corporation until further notice. 4. That with regard to the matter of ambulance charges for interhospital transfers, which was tabled by Council on December 22, 1986, Council adopt the recommendation of the City Manager that the ambulance charge for interhospital transfers be increased to $65.00 immediately with a further increase to $75.00 on January 1, 1988. I. 5. That with regard to the offer to sell to the City the land at 143 Britian Street, Council adopt the recommendation of the City Manager that 030514 N.B. Ltd. be advised that the City has no interest in the acquisition of the land at 143 Britain Street at the present time. 6. That with regard to the offer of Archie Colpitts Ltd. to sell to the City all or part of a 14-acre parcel of land on Golden Grove Road near Mystery Lake, Council adopt the recommendation of the City Manager that Archie Colpitts Ltd. be advised that the City is not interested in acquiring any of the 14 acres of land on Golden Grove Road at the present time. I 7. That with regard to the request of N. W. Brenan & Sons Ltd. to purchase a parcel of land on Paradise Row to develop for parking purposes, this Company be advised that the City is unable to confirm at this time whether or not such property is available for sale and will so advise in the near future. February 2, 1987, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C ha-i'r man. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be Question being taken, the motion was carried. . On motion of Councillor Knibb adopted. Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be "nayll . Question being taken, the motion was carried with Councillor A. vincent voting On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Knibb RESOLVED that section 3 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Vaughan RESOLVED that section 4 of the above report be Question being taken, the motion was carried with Councillors Flewwelling, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn . adopted. Seconded by Councillor Knibb RESOLVED that section 5 of the above report be Question being taken, the motion was carried. ~ ~ J68. On motion of Counciltor Knibb report be adopted. Seconded by Councillor Rogers RESOLVED that section 6 of the above . Question being taken, the motion was carried. On motion of Councillor Knibb above report be adopted. Seconded by Councillor MacDougall RESOLVED that section 7 of the Councillor Schermerhorn suggested that the last portion of the above motion should read that this Company be advised that the City is unable to confirm at this time whether or not such property is available for sale "but will so advise in the near future, rather than "and will so advise in the near future", with which the mover and seconder concurred. Councillor A. Vincent questioned the former ownership of the property in question and asked if it is the site of the former Mission Church Manse and suggested that this matter should be tabled for one week and Council be provided copies of a map of the area concerned. I On motion of Councillor A. Vincent I Seconded by Councillor Flewwelling RESOLVEDthat the above matter be laid on the table for one week and Council be provided copies of a map of the area concerned. Question being taken, the tabling motion was carried with a majority of the Council members present voting "yea". . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the sum of $2,214.00 be accepted ,in lieu of land for public purposes with regard to the Whelly Estate Subdivision at 2550 Loch Lomond Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Volunteer Centre, Inc., a United Way Agency recruiting volunteers for over one hundred organizations in Saint John, requesting Council's endorsement of April 1987 as Volunteer Month and asking if Council members would be interested in participating in a one-time volunteer assignment to be done during the week of March 29 to April 4, 1987 -- be received and filed and Council support Volunteer Month in the City of Saint John as requested. I Question being taken, the motion was carried. Councillors Vaughan and M. Vincent, co-chairmen of the Great Canadian Lange Skate Challenge, to be held on February 7, 1987, commented on this event. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of Rita Pearl Russell for the re-zoning of property at 625 Dunn Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 2, 1987. On motion of Councillor Schermerhorn I ~- Question being taken, the motion was carried. Seconded by Councillor M. Vincent RESOLVED that the notices from the Liquor Licensing Board advising that the applications of Saint John Steak House Inc. for a lounge license and Murphy Restaurants Ltd. for dining room and lounge licenses, with respect to premises at North Market harf and One Market Square, respectively, will be heard on February 6, 1987 -- be received and filed. ,I Question being taken, the motion was carried. Councillor Rogers asked for Council's consideration of a matter concerning a by-law regarding on-street parking. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above matter be . added to the agenda for consideration. Question being taken, the motion was carried. ~ ,.....- 169 (Councillor M. Vincent withdrew from the meeting.) . Councillor Rogers, in commending City work crews for their efforts during the weekend snow storm, suggested that the City's Public Relations Manager should inform the media of the snowplowing procedures with suggestions to residents on how they might be able to assist the City in alleviating problems caused by street parking during the winter months. On motion of Councillor Rogers I Seconded by Councillor A. vincent RESOLVED that the above matter be referred to the City Manager and appropriate staff for a full report on ways to improve the existing by-laws with regard to street parking during the winter months. Councillor A. Vincent suggested that the City Solicitor should request from the City solicitor in Halifax, Nova Scotia, a copy of Halifax's by-law in this regard and discussion ensued regarding the weekend snow plowing operations, problems with on-street parking during the winter months and the City's former by-law in this regard. Question being taken, the motion was carried. . On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that City staff and the members of Local No. 18, C.U.P.E., be commended for their efforts during the snowstorm on the weekend of February 1, 1987. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~cf!f;J{~/ I . I I, . ~ ~ 170 . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday,the ninth day of February, A.D. 1987, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, city Manager; N. Barfoot, Assistant City Manager - Administration; C. RObichaud, Assistant City Manager - Operations; J. Brown, Commissioner of Community Planning and Development. S. Bedford, Deputy Commissioner of Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; J. Levesque, Public Relations Manager; Miss M. Conley, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I ;~ . Reverend Seth Crowell of St. James Anglican Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the copy of a letter to the Premier from Mr. Louis E. Murphy, M.L.A. (copies of which were forwarded to Council members as an information item), regarding the cardiac surgery unit -- be added to the agenda for consideration at this meeting. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded 'by Councillor Flewwelling , ' , RESOLVED that minutes of the meeting of Common Council, held on February 2, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor advised that, contrary to recent newspaper and radio broadcasts, Council has not received a report from the Saint John Board of Trade with regard to salaries of the Mayor and Councillors and that, although the Common Council agenda of this date indicates a 3:00 o'clock p.m. presentation by the Board in Committee of the Whole, such presentation did not occur due the unavailability of the Board's Chairman and that it is possible that the Chairman will be available to present a report to Council later this date. I ~ Her Worship the Mayor commented on her trip to London, England, from January 31 to February 4, 1987, to participate in a number of high- profile activities associated with Saint John's forthcoming World Chess Festival and confirmed that, although a recent local newspaper headline indicated that the World Chess Festival may not be secured for Saint John, the City has a signed contract for this event and that the visit to London was for the purpose of attempting to have a video made and an interview with the World Chess Champion which was achieved. . Her Worship the Mayor commended Councillors Rogers and Vaughan for their efforts at Lily Lake during the Great Canadian Lange Skate Challenge of February 7 and Councillor Vaughan advised that the City of Saint John was successful in the Challenge over Ottawa/Hull which challenged Saint John in the event and expressed appreciation to those who assisted in making this event a success. Consideration was given to a report from the City Manager (copies of which were distributed to Council earlier in this meeting) submitting a report from the Commissioner of Human Resources outlining the goals and rationale of a proposed reorganization of the City's senior administrative personnel; advising that, with the benefit of a year of experience and study with the City, he is comfortable in proposing to Council some modest restructuring of the organization and some realignment of the duties and responsibilities of some of the senior staff, such proposals expanded by the Commissioner of Human Resources in his said report and reflected in the submitted organizational chart; and submitting four recommendations for Council's consideration. I I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council adopt the new organizational structure as contained in Figure #1 in the submitted report from the Commissioner of Human Resources. . ~ r- 171 ., Councillor A. Vincent advised that he would like time to study the above report in view of just having received a copy thereof whereupon the Mayor expressed regret that Councillors A. Vincent and M. vincent were not in attendance at the private meeting of Council on February 6, 1987 during which time documentation relating to this matter was discussed. . IInayll. Question being taken, the motion was carried with Councillor A. Vincent voting On motion of Councillor Schermerhorn I' Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the personnel cited in the submitted Appendix "A" be formally reaffirmed in their current positions and further that the appointments of those individuals to new positions be adopted as follows: I 1. City Manager 2. Common Clerk 3. Chief of Police 4. Deputy City Manager 5. Assistant City Manager (Operations) 6. Acting Assistant City Manager (Community and Economic Development) 7. Commissioner of Human Resources 8. Commissioner of Finance 9. City Solicitor 10. Fire Chief 11. Commissioner of Environment and Infrastructure Services 12. Executive Director of Saint John Port Development Commission 13. Director of Economic Development 14. Director of Saint John Visitor and Convention Bureau 15. Acting Director of Community Planning 16. Building Inspector and Acting Director of Technical Services 17,. Director of Housing and Property Management 18. Director of Engineering 19. Director of Supply & Services 20. Director of Water and Sewerage Services 21. Director of Works Operations 22. Director of Recreation & Parks 23. Director of Communications and Public Relations I. I Ronald S. Clark Mary Munford Ronald Riley Nicholas Barfoot Charles Robichaud John Brown Paul Groody Daryl Wilson Frank Rodgers Ronald McDevitt Claude MacKinnon Ralph Murray Vacant Yvonne Huntington-LeBlanc Stephen Bedford John Johnson William Todd Stuart Armstrong Shayne Galbraith William Butler Murray Jamer C. E. (Nick) Nicolle Joel Levesque Deputy Mayor Gould, in expressing agreement with the above resolution having clarified that he has no conflict of interest with regard to the person in the position of Director of Communications and Public Relations to whom he could be considered to be related and referring to the appointment of Mr. MacKinnon to the position of Commissioner of Environment and Infrastructure Services, stated that he will vote for the motion as presented but it must be plainly understood in the case of number 11 that all staffing actions are mutually satisfactory to all concerned. The Mayor asked the City Manager if he had an opportunity to meet with staff affected in the reorganization to discuss what was being proposed to which Mr. Clark replied in the affirmative. The Mayor advised that, having had a legal opinion as to whether or not the necessary changes can be made, such legal opinion is that Council has the authority to do so. With regard to the reference in Appendix "B" to the effect that Mr.,John Brown's appointment is subject to a review at the end of six months, Mr. Clark explained that the six-month period relates to the incumbent rather than the structure and that, although Mr. Brown can provide the City with the necessary strategic and conceptual leadership, a person should be engaged to assist him in this regard and the Mayor noted that Mr. Bedford is being appointed as Acting Director of Community Planning in the event that Council should decide to divide the planning and economic development functions again at which time Messrs. Brown and Bedford would revert to the positions of Commissioner and Deputy Commissioner, respectively. Discussion ensued regarding the reporting order as indicated in the submitted organizational structure. . I "nay". Question being taken, the motion was carried with Councillor A. Vincent voting On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the changes as indicated in the submitted Appendix "B" be approved as follows:- 1- That Nicholas Barfoot be appointed Deputy City Manager; Tha t John Brown be appointed Acting Assistant Ci,ty Manager, subj ect to a review at the end of six months; '- Services; That Claude MacKinnon be appointed Commissioner of Environment and Infrastructure That Stephen Bedford be appointed Acting Director of Community Planning; . That John Johnson be appointed Acting Director of Technical Services; That William Todd be appointed Director of Housing and Property Management; That Stuart Armstrong be appointed Director of Engineering; That Shayne Galbraith be appointed Director of Supply and Services; ~ 172 ~ Services; That William Butler ~e appointed Director of Water and Sewerage That Murray Jamer be appointed Director of Works Operations; . And that Joel Levesque be appointed Director of Communications and Public Relations: AND FURTHER that, if any of the individuals in the foregoing appointments fall ,under the provisions of Section 74 of the Municipalities Act, the provisions of that section will continue to apply to their new positions. Councillor M. Vincent asked how many of the above positions fall under Section 74 of the Municipalities Act to which Mr. Rodgers replied that two of the above positions fall under Section 74, Messrs. Johnson and MacKinnon. ~I' Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the new organizational structure as contained in Figure #1 of the City Manager's report and the submitted report from the Commissioner of Human Resources become effective as of February 17, 1987. I Councillor A. vincent asked for a legal opinion on the propriety of members of the Police Force, who are shown on the submitted organizational structure as reporting directly to the Police Commission, receiving the City's share of their pension contribution if they are not employed by the City. Mr. Rodgers replied that the members of the Police Force are employees of the City of Saint John, incaccordancewiththe New Brunswick Police Act which makes the Board of Police Commissioners responsible for policy of the Force and acts in place of the municipality with respect to carrying out such policy; however, the city controls the budget and the Police Officers are still employees of the municipality. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- I 1. Shillington Road - Water and Sewer - Contract #86-10 Master Enterprises Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated January 28, 1987 Final holdback release $ 12,579.30 $ 60,513.65 63,096.83 Nil 50,517.53 2. Prince Edward Street - Water and Sewer - Contract #86-19 Master Enterprises Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 26, 1987 ~ Final holdback release . $228,432.00 218,210.49 Nil 171,368.67 $ 46,841.82 I 3. Installation of Chlorine Gas Detectors Bob Jeffery Electrical Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated January 27, 1987 Final holdback release 'I $ 6,370.00 5,398.00 Nil 4,564.50 $ 833.50 4. Prince William Street Reconstruction Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated February 2, 1987 Final holdback release $585,312.00 555,747.23 Nil 472,385.15 $ 83,362.08 . ~ ,... , " 173 5. Concrete Work 1986 - Phase II Nautilus Construction & Rentals Ltd: Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for paymept, Progress Estimate Number 4, dated February 4, 1987 Partial holdback release $243,655.80 273,374.11 2,040.00 232,367.99 . $ 38,966.12 6. Lakeview Drive - Concrete Curb and Sidewalk Construction Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated February 4, 1987 Partial holdback release $212,919.00 200,792.93 1,250.00 170,673.99 $28,868.94 , I Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager regarding the application of Wayne Erb Builders Ltd. for a Municipal Plan amendment and re-zoning of property at 40 Canon Street, which was the subject of a public hearing on February 2, 1987 with no readings given, submitting a report from the Commissioner of Community Planning and Development advising that, although Section 40 of the Community Planning Act allows the continuation of a non-conforming use contrary to zoning regulations, the use must have been permitted at that location prior to becoming prohibited which is not the case in this instance as no permit was requested or issued for the office of Wayne Erb Builders Ltd. which was established on the property in question in 1978 and that, if this property is not re-zoned, the applicant will have to discontinue the use of the office; however, a six-month period is considered reasonable under the circumstances to permit the applicant to find a new location, and recommending that the request to withdraw the application be granted. Consideration was also given to a letter from Mr. Wayne Erb of Wayne Erb Builders Ltd. acknowledging withdrawal of his application for a Municipal Plan amendment and re- zoning of property at 40 Canon Street, advising that his company has begun a search to acquire suitable rental space and requesting a six-month periOd of grace to do so. On motion of Councillor Schermerhorn be received and filed: Seconded by Councillor Knibb RESOLVED that the above letter from the City Manager I AND FURTHER that the request of Wayne Erb Builders Ltd. to withdraw the application for a Municipal Plan amendment and re-zoning of 40 Canon Street be granted. Councillor Vaughan expressed the understanding that the City will work with Mr. Erb to which Mr. Brown replied that on February 10 staff intends to contact Mr. Erb and offer assistance in the relocation of his business. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the above letter from Mr. Wayne Erb of Wayne Erb Builders be received and filed. . Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Counci'llor Schermerhorn RESOLVED that the letter from the City Manager regarding the Committee of the Whole recommendation, which was tabled in open session of ebruary 2, 1987, with respect to N. W. Brenan & Son Ltd.'s request to purchase land on aradise Row, submitting a report from the Deputy Commissioner of Housing & Renewal Services nd Property Management submitting a copy of a map of the area as requested and advising that, upon review of the available records on the property, (1) the property was owned by the former Mission Church until 1965 when it was sold to Ernest and Brigitte Sperl, (2) the property was acquired by the Saint John Real Estate Co. Ltd. in 1966 and the company ame was changed to Saint John Loan Company in 1975 and (3) the City purchased the property n April 30, 1980 in conjunction with the property at 250 Rockland Road and the land at he rear of 250 Rockland Road as part of the land assembly in one area, and recommending hat the Committee of the Whole recommendation be taken from the table and adopted -- be eceived and filed: I AND FURTHER that with regard to the request of N. W. Brenan & Sons Ltd. to urchase a parcel of land on Paradise Row to develop for parking purposes, this Company be dvised that the City is unable to confirm at this time whether or not such property is vailable for sale but will so advise in the near future. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager ubmitting a report from the Commissioner of Community Planning and Development advising hat, with regard to Council's request of February 2, 1987 for an update on the status of he Lower West Side Neighbourhood Plan, the recommendations of the draft Plan have been eviewed and it is proposed that the Planning Branch prepare a report which will address .... ~ 174 . the status of each of the recommendations made in the Plan and the means of their implementation where appropriate, such report anticipated to be available for Council's review by June 1987 -- be received and filed. Question being taken, the motion was carried. . On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the copy of the letter from Mr. Louis E. Murphy, M.L.A. - Saint John Harbour, to Premier Richard Hatfield, expressing support to the location of the proposed cardiac surgery unit in the City of Saint John --bereceived and filed and Mr. Murphy be thanked for supporting Common Council in this regard. Question being taken, the motion was carried. "1=' : : , On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan,By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863), from Major Institutional to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the by-law entitled, "By-Law Number C.P. 100-98 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 32-acre parcel of land at 1216 Sand Cove Road (L.R.I.S. Number 395863),' from "IL-2" Major Institutional to "ID" Integrated Development classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions: (a) the development of the facility be limited to the existing building involving a combination of the following uses: (i) permanent display and exhibition space, (ii) offices and meeting rooms, (iii) educational/training facilities, including associated residential accommodation, (iv) research facilities and electronic production areas, (v) craft production areas and (vi) the existing semi-detached dwelling; (b) detailed site plans to be submitted to the Deputy Commissioner of Community Planning indicating landscaping, paving, signage and parking areas and approval thereof prior to any modification to the site features; (c) parking spaces to be provided in a quantity which would be required in a "B-2" General Busines,s ..zon,e ,as eacJ;l,pha,se"of the project is developed; and (d) the development of other commercial -uses on those portions of the site that are not presently developed be prohibited. I The by-law entitled, "By-Law Number C.P.'lOO-98 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read i'n its entirety. Question being taken, the motion was carried. . Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports I Your Committee begs leave to report that it sat on February 2, 1987, when there were present Deputy Mayor Gould and Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers,Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the thirty-foot wide parcel of land lying between Daly's Convenience Store and Taylor Avenue, which is leased to Thomas and Valerie Daly, be sold to Daly's Stop N Shop Ltd. for a price of $3,000.00. I: 2. That as recommended by the City Manager, (1) Laubach Literacy of Canada be leased approximately 1,116 square feet of space in the Old provincial Building, being on the second floor of the entrance at 39 Princess Street, under the following terms:- (a) rental to be $4,464.00 per year, (b) this group be given a grant of $2,154.00 to reduce the rental to $2,310.00 per year payable in advance at the rate of $192.50 per month, (c) the lease to be for a one-year periOd commencing March 1, 1987 and (d) the rental to commence May 1, 1987 allowing Laubach Literacy of Canada 2 months free rent in exchange for cleaning and painting of the premises; and (2) the Unity Club be leased approximately 334 square feet of space on the Canterbury . ~ "...- 175 Street level of the Old Provincial, building, under the following terms: (a) rental to be $2,400.00 per year, (b) the Club be given a grant of $2,100.00 to reduce the rental to $300.00 per year payable in advance at the rate of $25.00 per month and (c) the lease to be on a month-to-month basis commencing March 1, 1987. . I. 3. That as recommended by the City Manager, the parcel of land on the corner of Somerset and Barker Streets, shown,patterned on the submitted map and being a portion of L.R.I.S. Numbers 25502 and 30759, be transferred to The Saint John Loan Company Limited under the following terms and conditions:- (1) the purchase price to be $36,000.00 and be payable on transfer of title; (2) the purchaser be given an option to purchase the land at this price until July 31, 1987 at a cost of $2,000.00 with the option to be signed within 30 days of approval by Common Council; (3) before the option is exercised (a) a development plan and any required changes to the Zoning By-Law and/or Municipal Development Plan must have been completed and (b) a quieting of title must have been completed for the portion of the original parcel being retained by the City; (4) the $2,000.00 option cost is not returnable if the applications as noted in Clause (3) are not submitted by April 30, 1987; (5) on the exercise of the option (a) a further payment of $2,000.00 will be made, (b) transfer of title will take place within 30 days of the date the option is exercised and (c) the $5,000.00 held to guarantee the quieting of title will form part of thee purchase price on closing; (6) the City will retain the right to reacquire the property for the purchase price if the land is not developed as specified on the development agreement within a period of 18 months from the date of transfer of the property and (7) any applications made for changes in the Zoning By-Law and/or the Municipal Development Plan will be dealt with in the normal manner and the City's agreement to sell neither explicitly nor implicitly obligates the City to amend the documents. I February 9, 1987, Saint John, N. B. (sgd.) Respectfully submitted, Arthur L. ,Gould C h air man. On motion of Councillor Schermerhorn . adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 2 of the above report be Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question bei~g taken, the motion was carried with the Mayor voting "nay". On' motion "of Councillor .Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mr. Frank McKenna, Leader of the Opposition of the Province of New Brunswick, submitting a copy of his letter to the editors of several newspapers on the current hearings on sugar before the Canadian Tariff Board in which he proposes that New Brunswickers support the development of a workable sugar-beet stabilization plan for western farmers which would eliminate the threat to the Lantic Sugar Refinery in Saint John -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I, Seconded by Councillor Gould RESOLVED that the memorandum from Provincial- Municipal Council Inc. submitting a response from The Honourable Nancy Clark Teed, Minister of Health and Community Services, to a resolution originating from the City of Saint John to the Cities of New Brunswick Association requesting either an amendment to the ,. Municipalities Act to provide for municipal regulation and control of private ambulances or for the proclamation of the appropriate sections of the Ambulance to provide Province- wide regulation and control of such ambulance services, advising that, if the response is not satisfactory, Council can direct its comments to Mayor George Rideout, President of the Cities of New Brunswick Association -- be received and filed and Council follow-up on this matter in three months. ,I Que.stion being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City of Saint John Retired Members' Association expressing concern with regard to the hiring policy of the City, suggesting that the employment opportunities with the City of Saint John should go to local people first and only as a last resort should non-residents be given preference and that any employee now employed should have the opportunity to advance in the ranks and, when promotions occur, qualified employees presently engaged should be considered first or employee unrest will be the end result, and requesting Common Council to publish its hiring policy guidelines so that the ground rules to be gainfully employed with the City of Saint John will be known -- be received and filed. ~ ,., 1-76 . Deputy Mayor Gould noted that Mr; Groody responded to the above matter in open session of Council on January 19, 1987 and suggested that a copy of same be forwarded to the Retired Members' Association. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Helen Stewart regarding the matter of installation of water and sewerage services to 'the Boylan Road and Flecknell Avenue area, which was considered by Council on September 8, 1986 and referred to the City Manager for consideration in the 1987 Capital Budget, noting several problems in this regard and requesting Council's attention to same -- be referred to the 1987 Capital Budget discussion. I Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Her Worship the Mayor distributed to the Council members copies of a pamphlet highlighting the activities scheduled for the Third Annual St. patrick's Week Celebration in ,Saint John commencing March 7, 1987. I ~ Councillor MacDougall commended the members of the New Brunswick Rink on winning the Canadian Pepsi Junior Men's Curling Championship on February 7, 1987 and, in noting that this is the third generation of the Mr. Herman Sullivan family of Saint John to compete in this sport, suggested that Council should commend this family for its involvement in curling. On motion of Councillor MacDougall Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to the members of the Mr. Herman Sullivan family of Saint John for their achievements in curling. . The Mayor advised that she would forward a letter to the Sullivan family. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. I (IJuur!:.ic~ . I' I . ~ ".... 177 At a meeting of the Common Council, held at the City Hall in the City of Saint JOhn, on Monday, the sixteenth day of February, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - .( Messrs. R. S. Clark, City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Commissioner of Community Planning and Development; S. Bedford, Deputy Commissioner of Planning; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; M. Hanlon, Purchasing Agent; J. Adam, Data Processing Manager; B. Sheridan, Assistant Director of Recreation; J. Levesque, Public Relations Manager; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on February 9, 1987, be approved. Question being taken, the motion was carried. . Her Worship the Mayor; in noting that the City Manager returned from Brussel~ Belgium, the evening of February 15 having met with the International Federation for World Chess, advised the dates for the World Chess Festival in Saint John have been confirmed for January 23 to February 21, 1988, such dates having been changed from November 1987 to allow the world's top chess players, including the current world champion, to attend and also advised that, while in Brussels, a commitment was obtained from the top-ranked grand masters in chess to attend the Festival in Saint John. Councillor Flewwelling suggested that, due to the absence of the Loyalist Man symbol from the promotional material distributed to delegates of the February 13- 14 Cities of New Brunswick Association meeting in Saint John despite Council's discussion in open session on March 17, 1986, the Loyalist Man symbol should be included in the City's promotional material. ,I (Councillor A. Vincent entered the meeting during the foregoing remarks.) On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that a copy of a letter from the Secretary of the Board of Trustees of the Sussex Health Centre to the Provincial Minister of Agriculture (a copy of which was forwarded to Council members as an information item), regarding an advanced cardiology unit in Saint John, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. :1, Mr. Donald W. Hackett, President, and Mrs. Linda Forestell, General Manager of the Saint John Board of Trade, were present in the Council Chamber, and Mr. Hackett, referring to a report on a review of the salaries of the Mayor and Councillors of the City of Saint John (which was tabled in Committee of the Whole on February 9 pending presentation at this meeting), advised that at Council's request of September 8, 1986, the Board of Trade established a committee to carry out this review; commented on the expertise of the membership of the committee, the Committee's research in the areas of payment in other jurisdictions, trends in payment, salary versus expenses, time commitments, belief in an ideal and job descriptions for the Chief Magistrate and Councillors, which led to the opinion that the Mayor and Councillors must be paid a reasonable salary to offset some of the time commitments, not to replace lost wages, with the term "salary" used in full recognition that it consists of two elements, namely' two- thirds of the amount paid representing salary and one-third being an allowance incidental to the discharge of the elected official's duties, and recommended that (1) following review of the time commitment required, the responsibilities assumed, the amount paid to mayors of other municipalities and salaries paid to other elected officials and in the private sector, the salary paid to the Mayor be set at $35,000.00 effective immediately; (2) having considered salaries paid to councillors in other jurisdictions, the time requirements and responsibility involved, Councillors' salaries be established at one-third of that paid the Mayor, with the Deputy Mayor to receive twenty-five per cent more than the Common Council salary rate in recognition of the additional responsibility ssumed; and (3) the Salary By-Law contain a new provision which mandates each Council in its third year in office to undertake a review process for recommendations and a ecision on any increase in salary to take effect at the beginning of the term of ffice. Mr. Hackett referred to the submitted by-law summarizing the Committee's ecommendations and noted that all members of the Board of Trade Salary Review Committee igned the submitted report with Mr. Allan J. Levine of The Saint John District Labour ouncil dissenting with respect to the recommendation on salary for the Mayor on the asis that the proposal outlined in the report respecting a base salary and an hourly ate for extra hours should be adopted. . ,I ',' . Her Worship the Mayor expressed appreciation to Mr. Hackett and the other embers of the Committee for their efforts in the preparation of the above report, and discussion ensued during which time Mr. Hackett responded to Council queries concerning the possibility that pay for lost wages would result in attracting a better calibre of candidates for municipal elections to which Mr. Hackett noted that persons serve long .... 178 1 . hours with no remuneration on City commissions and that, although the Committee is of the opinion that there is a need to pay an amount to offset the time commitment involved and that salary is not the prime motivator for candidates, it would not be proper to attempt to attract candidates by virtue of salary; the Committee's intent with respect to the time its recommendations for salary should be implemented to which Mr. Hackett advised that the Committee's intention is that its recommendations be for this point in time, with Council to review salaries as many times as it wishes before the end of its term and, in any event, to review the salaries prior to the next Council; the Committee's composition insofar as representation from labour is concerned to which Mr. Hackett explained that the Board's intent in choosing committee members was not necessarily to get an official view from the organization they represented but rather to get a broad cross-section of people who are community-minded arid could bring a perspective to the review and that Mr. Levine is considered to be familiar with the labour field generally and not specifically because of the office he holds; Her Worship the Mayor thanked Mr. Hackett for his presentation and advised that Council would render a decision in this regard later in the meeting. . I: ~- . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting correspondence from the National President of the Institute of Public Administration of Canada regarding the Vanier Medal 1987, noting that March 31, 1987 is the closing date for nominations for the award -- be referred to the Nominating Committee with Council members to forward recommend- ations concerning nominations to the Committee. I The Mayor asked Council members to submit any recommendations with regard to the above by next week. Question being taken, the motion was carried. . Consideration was given to a letter from Councillor MacDougall advising that there are more than one hundred serious cardiac cases awaiting admission to hospitals outside the Province of New Brunswick and noting that Saint John continues to be without the services of a public health medical officer. ' The Mayor asked for a motion for Council to contact the Minister of Health and Community Services for an update on the matter of the public edical health officer. On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the Minister of Health and Community Services be asked. for an updated report on the matter ofa ublic medical health officer for the City of Saint John. ,I ~-~. Question being taken, the motion was carried. The Mayor requested that the above information with respect to the umber of cardiac cases awaiting admissions be forwarded to the Premier and he Minister of Health. On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the above-mentioned 'nformation be forwarded to the Premier of New Brunswick and the Minister of ealth and Community Services. . Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the copy of the etter from the Board of Trustees of the Sussex Health Centre to the Minister f Agriculture expressing support to the establishment of an advanced cardiology nit at the Saint John Regional Hospital -- be received and filed and the ussex Health Centre be thanked for its support. .1 .~ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by he City Manager, authority be granted for payment of the following construction rogress certificate, namely:- I ,-- U.N.B.S.J. Canada Games Irrigation System Holmes Irrigation Inc. Irrigation system Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated February 10, 1987 Final holdback release $34,400.00 22,868.00 Nil 19,437.80 . $ 3,430.20 ~ I""" 179 Mr. Clark confirmed that the Canada Games Foundation has contributed $30,000.00 to the above project. . Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- I 1. School Park Development Beaconsfield Sports field Maritime Sod Ltd. Beaconsfield Sports field Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated February 10, 1987 Final holdback release $87,038.00 97,253.21 Nil 82,665.23 $14,587.98 I Councillor Rogers noted that the Kiwanis Club assisted the City in the above project and, with respect to the amount of extra charges not accounted for on the submitted summary of changes, Mr. Sheridan explained that such amount relates to variations in quantities with respect to installation of fencing post holes, rock excavation and water removal,additional asphalt and granula "B" requirements and advised that future reports of this nature from the Recreation and Parks Department will be submitted in the same format as those submitted to Council by the Engineering and Works Department. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for providing electrical maintenance at all City pumping and treatment facilities for a two-year period be awarded to James Arthurs Electrical Contractors Ltd. at the rates quoted. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended, by the City Manager,the tender of George Byrne Plumbing & Heating Co. Ltd. be accepted for providing plumbing services to non-City-owned property for a periOd of 24 months. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John . The Committee of the Whole reports Your Committee begs leave to report that it sat on February 9, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve the submitted Rules and Regulations governing the Saint John Sports Hall of Fame. I, 2. That as recommended by the City Manager, the land on Kierstead Road, shown on the submitted map and being a portion of L.R.I.S. Number 413799, be sold to Glenwood Construction Ltd. under the following terms:- (1) the purchase price to be $9,000.00, (2) the City will retain an easement over the portion of land shown on the plan to allow access to the sewer lines, (3) the City will have an option to reacquire the land for the purchase price if it is not developed within a period of one year from the date the property is transferred, (4) the City will be responsible for all survey and subdivision costs, (5) tpe property will be transferred on or before March 31, 1987 and (6) a development plan showing the exact location and type of building must be approved prior to the transfer of title. I February 16, 1987, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C ha i r man. On motion of Councillor Knibb adopted. Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be . Question being taken, the motion was carried. " ~ 180 l . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED tnat section 2 of the above . report be adopted. Question being taken, the motion was carried. Councillor A. Vincent asked if Council should consider at this time, or at the next meeting, the appointment of Mr. Thomas Drummie, Q.C., as the City's nominee to the Conciliation Board in the matter of the Local No. 61, C.U.P.E., contract dispute, which was discussed in Committee of the Whole earlier this date, in view of an article in the local newspaper in which the Chairman of the Saint John Board of Police Commissioners indicated that Mr. Drummie was appointed and on the basis that action taken by Council in Committee of the Whole must be approved in open session. The Mayor suggested that it is in order for Council to add the item to the agenda; however, the City Solicitor has advised Council that such action is not necessary. , On motion of Councillor A. Vincent I, Seconded by Councillor Knibb RESOLVED that the above-mentioned matter be added to the agenda for consideration at this time. Question being taken, the motion was carried. The appropriate wording for a resolution was considered and Mr. Rodgers suggested that Councillor A. Vincent, in his motion, use the word "nominate" rather than "appoint" and come forward with the name of the person to be nominated to the Conciliation Board, which is appointed by the Minister of Labour. . On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that Common Council confirm that Mr.' Thomas Drummie, Q.C., from the firm of Clark ,Drummie & Company, is the City's nominee to the Conciliation Board in the matter of the Local No. 61, C.U.P.E., contract dispute. Councillor MacDougall noted that the advice given Council is that the Province makes the above appointment whereupon the Mayor expressed the understanding that a letter has been received from the Province in this regard and, upon Councillor A. Vincent's observation that the Minister of Labour appointed the City's representative to the Board as the City failed to do so within the specified time, Mr. Rodgers replied that the Minister did not make the appointment because Council failed to do so as Council made its nomination in Committee of the Whole. The Mayor read a portion of a letter which she advised was addressed to Mr. Thomas B. Drummie, Q.C., from J. Armand Thomas, Director of the Industrial Relations Branch, such letter indicating that, on the recommendation of the City of Saint John, The Honourable J. W. Mombourquette, Minister of Labour, has appointed Mr. Drummie to be a member of a Conciliation Board being established to deal with matters in dispute between the City of Saint John and Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., and enclosing a copy of Mr. Drummie's appointment. ' I' Question being taken, the motion was carried. Councillor A. Vincent asked that the letter which the Mayor read in part be filed with the Council records and suggested that such letter should have been given to Council in Committee of the Whole whereupon the Mayor noted that the Chief of Police passed her the letter immediately prior to her reading same to Council. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Preservation Review Board regarding Common Council resolution of January 5, 1987 with respect to the possibility of a special assessment of historic properties, advising that, while a detailed study has not been completed, the Preservation Review Board unanimously supports some form of tax assessment incentive for Trinity Royal and that this proposal will be examined and a report prepared by the Heritage Planner -- be received and referred to the City Manager. I Councillor Rogers, a member of the Preservation Review Board, asked when a heritage planner will be hired to which Mr. Brown replied that a position is being developed on four candidates who were interviewed locally and that, although staff has no particular person in mind at this time, it is anticipated that a person will be on staff the first of April. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Saint John Preservation Review Board reporting on recent steps taken toward a comprehensive policy on signs and awnings in Trinity Royal on the basis that the Board is finding it a necessity, both from a fairness and from an enforcement standpoint, to have guidelines that assist the Board in making decisions and treating applications in a consistent manner; advising that, after careful review of submissions solicited from architects and communications .' ~ JI""" _,.~>.2 :...' >.,5'" '.' ~'..' 181 . I I . 'I . I I . ~- consultants for the development of standards for signs and awnings in Trinity Royal, the publication of these standards in a brochure and the preparation of an explanatory slide show, the Board selected Ray and Elizabeth Bradbury to do the work at a total study cost of $9,000.00 which includes the study and printing the brochure; and concluding that it is planned that the work will be carried out under the supervision of the Heritage Planner who is expected to be hired this spring with the study proposed to commence in April 1987 for completion by August 1987 be received and referred to the City Manager. Councillor Schermerhorn asked who is responsible for the above cost to which Mr. Clark replied that such cost was adopted in the 1987 operating budget. Councillor Schermerhorn asked if the successful tenderer is from Saint John to which Mr. Bedford replied that, although the architects are from a community outside the City, Hunter Public Relation, a local firm, is providing certain skills required and Councillor Rogers confirmed that the architects are from Hampton, N.B. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Joseph Owens, Co~co-ordinator of One Step Further, an organization established at 205 Charlotte Street on January 12, 1987 to meet the emergency needs of over 100 families with the major undertaking being to provide ,low-cost food to over 100 families in the form of a food club; requesting assistance in the amount of $500.00 in order to obtain premises on Church Street for this project and advising that funding is also being sought from other sources and from that time on this operation would become self-supporting by its members be received and this group be invited to meet with Council in Committee of the Whole in the near future to explain its operation to Council. Councillor A. Vincent suggested that the above group should be requested to submit a copy of its last year, audited statement to which the Mayor, in noting that this group has just been established, concurred that the group should be requested to submit a breakdown of its finances. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mr. Harold E.Wright requesting, on behalf of residents of Chipman Hill, that Council rename the section of Prince William from King Street to Union Street as Chipman Hill on the basis that, for almost 200 years, this section of the Street was known as Chipman's and later Chipman Hill in recognition of Ward Chipman's mansion at the head of the hill, which is now the site of the YMCA, Ward Chipman having written the City Charter and, in addition, there are other references to Chipman Hill as noted -- be referred to the City Manager and the Preservation Review Board for a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Nora W. Cole advising that, since the east side of Sydney Street was paved the latter part of October and early November 1986, the sidewalk in front of her residence at 194 Sydney Street is now higher than the vestibule floor which allows rainwater to enter, and suggesting that the City should ,resolve the problem -- be referred to the City Manager for investigation and a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. David S. Campbell expressing the opinion that Pine Street is in deplorable condition all winter due to the lack of sanding and salting -- be referred to the City Manager for investigation and a recommendation to Council. Councillor Rogers expressed the understanding, based on discussion with Mr. M. Jamer of the Works Operations, that Pine Street is priority four on the list of street priorities and suggested that, if Pine Street has not been plowed accordingly, action should be taken to do so and that, if it has been plowed as a number four priority, Mr. Campbell should be so advised. Mr. Robichaud, replying to an observation of Councillor A. Vincent that he did not know the Ci,ty had priority streets, noted that, although a year ago there were ten street priorities, there are now four and that it is his intent to submit a report to Council in this regard. Councillor A. Vincent, in commenting on a situation in the Forest Hills area which involved an abandoned vehicle interferring with snowplowing operations and the lack of authority of the Police to have such vehicles towed away, asked when staff plans to prepare for Council's consideration a by-law in this regard. Question being taken, the motion was carried. ,On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Zone Representative for the New Brunswick Broomball Association requesting, on behalf of the Saint John City & District Ladies Broomball League, a grant to assist in hosting the Provincial Broomball Tournament for 1987 in Saint John -- be referred to the grants committee. Question being taken, the motion was carried. ,., 182 n mot10n 0 Seconded by Councillor Gould RESOLVED that the application of Cadillac Developments Ltd. for the re-zoning of property at 371 Manchester Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 16, 1987. . Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the report presented by the Saint John Board of Trade Committee on its review of the salaries of the Mayor and Councillors of the City of Saint John be adopted effective March 1, 1987 and that Council adopt the recommendation of the Committee that Common Council in the third year of its term recommend salaries for the incoming Council. 1 Councillor Vaughan, in noting that she considers the amount paid to Councillors to be an allowance to cover expenses rather than a salary, noted that preparation for Council meetings is only a portion of the work ,required by Council members and that much time is involved in committee meetings and other functions. Councillor Knibb spoke in opposition to the proposed motion and suggested that any Council member who had wanted to earn a higher stipend than that already in existence should have so declared to the electorate and suggested that this matter should be referred to the electorate to decide whether or not it wishes to elect a councillor who is going to increase the stipend. Councillor MacDougall ,advised that he will not support the above motion but that he would support that the report be effective for an incoming Council. Councillor Davis made the observation that the above motion represents a minimal amount of money for either the City or for each Councillor and suggested that Council should show its appreciation to the Committee by accepting its recommendations. Deputy Mayor Gould suggested that salary was not a major issue to election candidates and is unlikely to be so now and, in advising his intent to vote against the motion, expressed the opinion that the salary of the Mayor is an entirely different matter in view of the time commitment required. The Mayor asked that the above motion be considered in two portions as she would like an opportunity to vote for an increase in salary for the Councillors but does not want to vote on a salary increase for the Mayor whereupon Councillor Vaughan noted that the motion is to adopt the full report and, in her opinion, the Mayor's position is full-time and the proposed increase is in order. The matter of voting on the matter as two separate issues was considered further following which Councillor Schermerhorn clarified that Council is to vote on the above motion. I =' . I' Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Flewwelling, Gould, Knibb and MacDougall voting "nay". The Mayor asked if Council would separate the above motion. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above recommendation regarding the Councillors' salary be adopted. Question being taken, the motion was lost, a tie vote having been created with Councillors Flewwelling, Gould, Knibb, MacDougall and A. Vincent voting "nay". . Councillor Schermerhorn commented on the delay in traffic exiting from the public parking area at the Saint John Regional Hospital, particularly on weekends, due to the availability of only one exit toll gate and, in noting that the other exit gate is not staffed, asked that the City Manager contact Mr. K. Tingley at the Regional Hospital to determine if the problem can be resolved. The Mayor suggested that Councillor Davis, Chairman of the Regional Hospital Board, discuss this matter with Mr. Tingley and submit a report to Council at its next meeting. I' On motion of Councillor MacDougall Seconded by Councillor the City of best wishes 1987 Canada Saint John, the host of for success to the City Winter Games. Gould RESOLVED that the 1985 Canada of Sydney, Nova the Common Council of Summer Games, extend Scotia, the host of the I Question being taken, the motion was carried. Councillor A. Vincent asked the status of the staff report, requested by Council on February 2, 1987, with regard to a by-law on street parking during the winter months to which Mr. Robichaud replied that all legislation concerning on-street parking is being reviewed, two meetings have been held with the Chief of Police and his staff in an attempt to establish a technique to handle the existing problems and that a recommendation will be submitted to Council following staff's review. . On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that this meeting be adjourned. ~ ~ 183 Question being taken, the motion was carried. . ~~~r I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of February, A.D. 1987, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - -I . Messrs. R. S. Clark, City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Acting Assistant City Manager; S. Bedford, Acting Director of Community Planning; W. D. Todd, Director of Housing and Property Management; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; B. Sheridan, Assistant Director of Recreation; J. Levesque, Director of Communications and Public Relations; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend Dr. R. B. Smith, Rector of the Church of St. James the Less, offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that minutes of the meeting of Common Council, held on February 16, 1987, be approved. Question being taken, the motion was carried. -I Her Worship the Mayor welcomed to the Council Chamber members of the Leaders In Training Corps of the Saint John Boys and Girls Club and briefly explained the Council meeting procedure, and read a proclamation proclaiming March 1987 to be Kidney Month in the City of Saint John. Councillor M. Vincent noted that Shelley Vaughan and Mark Lackie of Saint John, members of the New Brunswick Speedskating Team, will,be competing this week at the Canada Winter Games in Syndey, Nova Scotia, and suggested that Council should extend best wishes for success to these two competitors. On motion of Councillor M. Vincent . Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend a message of support and best wishes to the Saint John athletes competing in the Canada Winter Games. The Mayor referred to the telegram fowarded to Sydney, Nova Scotia, the host of the Canada Winter Games (a copy of which was forwarded to Council members as an information item), and concurred with Councillor M. Vincent's suggestion that Councillor Vaughan, who will be attending the Winter Games, extend the above message on behalf of Council. I Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Knibb RESOLVED that the letter from Councillor Davis advising that, with regard to the matter of parking at the Saint John Regional Hospital which was questioned at Council's last meeting, several corrective measures were taken to speed up the check-out of vehicles, one being the opening of another check-out booth during specific hours, another being the placement of a person outside the booth to advise people the amount owed and request them to have their fee ready, and concluding that the administration of the Hospital will continue to seek the advice of professionals in the parking field in order to lessen the stress and annoyance caused by this problem -- be received and filed. . Councillor Davis, Chairman of the Regional Hospital Board, advised that, since preparing the above letter, he received information from Mr. Tingley of the Regional Hospital referring to a traffic delay at the Hospital on February 15, 1987, and advising that there had been no previous indication that traffic on weekends was a problem and, in view of the number of vehicles processed through the existing main toll gate on other Sundays, February 15 appears to be an isolated incident caused by one or more factors such as the number of visitors who coincidentally left for their ~ ~ 184 vehicles at the same time, visiting was heavier due to the previous period of inclement weather, or the feeder line may have been slowed by several timid drivers who would not edge their car into the main line; however, the 153 vehicles which passed through the main gate is approaching optimum flow thus providing evidence that the individual and equipment concerned were not at fault, and that the second gate will remain open for several weeks to ensure efficient flow of traffic. The Mayor asked Councillor Davis to provide Council members with a copy of this information in their March 2 Council kits. Discussion ensued regarding the imposition of a parking fee on visitors to the Regional Hospital and the possibility of constructing an enclosed passageway or providing a shuttle bus service from the visitors' parking lot to the Hospital. . Question being taken, the motion was carried. 1 Consideration was given to a letter from Councillor M. vincent regarding a group home to be established in the Josselyn Subdivision, requesting that the appropriate staff assess this matter and attempt to be in a position to provide answers on questions that will be raised at this session of Council. Consideration was also given to a letter from the Saint John Branch of John Howard Society of New Brunswick Inc. advising of its contract with the Department of Social Services to operate a group home at 4 Josselyn Road for young offenders under the Young Offenders Act, such facility to handle a maximum of six young people at one time, two of whom could be females; expressing the opinion that, having been advised by the Planning Department that the property is zoned so as to allow the operation of this facility provided it falls within the definition of group home set out in the Zoning By-Law, the operation does come within that definition; also advising that, while a building permit will be applied for in order to renovate the property, no need is anticipated at this time for any approvals from either the Planning Advisory Committee or Common Council; however, because of the sensitive nature of these facilities and the public outcry which attended the opening of the Centre for Youth Care facility on Douglas Avenue, the Board of Directors would like to keep Council informed as to what it is doing, and submitting a copy of a Community Impact Study dealing with the effect of locating correctional group homes in residential neighbourhoods to assist Council members in the event it is necessary to deal with this matter in their capacity as elected officials. I~ . Her Worship the Mayor, in noting the presence in the Council Chamber of a group of citizens, suggested that they should not be optimistic with regard to Council's input in the above matter because there is no action Council can take in this regard. Discussion ensued during which time Mr. Bedford confirmed that the subject area of the Josselyn Subdivision is zoned "RS-:2" which permits the placement of a group home therein and that a building permit is required for the proposed renovation of the building; Mr. Rodgers expressed the opinion that Council has no authority to instruct the Building Inspector not to issue the necessary building permit and that the Building Inspector is obliged to issue the permit if the applicant meets the conditions which, in this case, appear to be met; Mr. Bedford confirmed that the Planning Branch was involved in discussion of this matter with respect to fulfillment of the conditions under which the application would be approved with the major request being to have the John Howard Society ensure that the use fulfills the definition of a group home as contained in the Zoning By- Law and that correspondence has been received to confirm this, therefore, from a zoning perspective, staff's requirements have been met; Chief Riley commented on the nature of the criminal offences and circumstances which could lead to the placement of young offenders in a group home and clarified that the authority for such matter rests only with the courts; the matter of a lack of communication with the residents of the area concerned was broached as were matters pertaining to other zones which permit group homes, Council's previous involvement in a group home placement on Douglas Avenue and the Provincial Government's role in designating group homes. J- . On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the Minister of Health and Community Services and the Minister of Justice be asked to give their very careful attention to the above matter and to reconsider the proposed placement of a group home in the Josselyn Subdivision. Discussion continued regarding the lack of communication with the residents concerned about the placement of a group home in their area. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Saint John Branch of John Howard Society of New Brunswick Inc. regarding the operation of a group home in the Josselyn Subdivision be received and filed. I, Question being taken, the motion was carried. (Councillor Vaughan withdrew from the meeting) On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the Planning Branch be instructed to submit for Council's consideration a proposed Zoning By-Law amendment whereby group home placement in "RS-2" zones would require Council approval. . ~ r'"" 165 The Mayor noted that the City Solicitor will submit to Council his previous report regarding group homes. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- I 1. Park Enhancement - Chain Link Fencing - 1986 G. W. Fence Limited Chain link fencing - 1986 Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated February 18, 1987 Final holdback release $52,283.85 49,548.90 Nil 42,116.57 J $ 7,432.33 Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) TO the COMMON COUNCIL of the City of Saint John '. The Committee of the Whole reports Your Committee begs leave to report that it sat on February 16, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Mr. Frank Boers be appointed to the Saint John Parking Commission for a term to expire December 31, 1988. I IJ 2. That as recommended by the Nominating Committee, Messrs. Thomas O'Neil, Donald Royal and Edward Bates be appointed to the Power Commission for a term of three years effective February 15, 1987. 3. nominated Gallagher That as recommended by for appointment to the who has resigned. the Nominating Committee, Mr. Douglas Vincent be Regional Assessment Review Board, replacing Mr. John 4. That as recommended by the City Manager, the following application for a grant under the Water Pollution Control Grant Program be approved for submission to the provincial Department of Municipal Affairs and Environment by February 27, 1987:- (1) Lancaster Lagoon wastewater treatment facility - $4,348,000.00 representing 80% of the total cost. I. 5. That as recommended by the City Manager, the following applications for 1987 Stimulation Grants be approved for submission to the provincial Department of Municipal Affairs and Environment by February 27, 1987:- (1) Central Business District Revitalization - $525,000.00 representing 50% of the cost; and (2) Works Department Complex - $650,000.00 representing 50% of the cost. ' February 23, ,1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above 1- report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers adopted. Seconded by Councillor Knibb RESOLVED that section 2 of the above report be I IInayll. Question being taken, the motion was carried with Councillor Davis voting On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. .... ~ 186 .. ~ . Quest10n be1ng taken, the mot10n was carried. On motion of Councillor Schermerhorn e Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the 1986 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. 1 Mr. Wilson advised that, with regard to the reference in the above report of an actuarial valuation report as at December 31, 1984 which showed the existence of an unfunded liability of $5,036,000 at the valuation date and the engagement of Eastern Canada Services Ltd. to perform an actuarial valuation as at December 31, 1986, it is expected the latter will be received by the end of February 1987; Deputy Mayor Gould asked if the Board has an indexing policy for pensions to which Mr. Wilson replied in the negative and added that, in the past when the fund showed a surplus, the Trustees have seen fit to provide an increase in pensions, however, there is nothing in the Pension Act to provide for continuing indexing; and Councillor A. vincent asked if the Board of Trustees took any action with regard to Council's previous suggestion that consideration be given to withdrawing financial investments in companies doing business in South Africa to which Mr. Wilson replied that this was considered by the Board of Trustees and discussed with the Investment Manager and the Board still gives the Investment Manager full discretion to maximize the rate of return for participants of the Pension Plan. I: =- . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Board of Trustees of the City of Saint John Pension Plan advising that the following civic employees will reach the compulsory retirement age in 1987, namely:- Theodore F. Jarvis, Engineering and Works, Department; George R. Fudge, Engineering and Works Department; and Gregory J. Brown, Fire Department be received and filed. Question being taken, the motion was carried. '''--'I-~ c~> On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Gerald M. Baxter, an employee of the Engineering and Works Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Gould e> Seconded by Councillor Flewwelling RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Frank Martin, an employee of the Engineering and Works Department, in accordance with section 9(1) of the city of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. =1' On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. R. A. Corbett, M.P. Fundy-Royal, submitting a copy of his letter to the Executive Director of the Reference Branch of the Tariff Board of Canada regarding the raw sugar inquiry undertaken by the Board, noting that he does not support any action which will result in the closure of the Lantic Sugar refinery and has made his position known both to the Tariff Board of Canada and to the House of Commons ~- be received and filed with appreciation. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of The Hardman Group Limited, as agents for PIC Realty Canada Limited on behalf of Prince Edward Square, for an amendment to Common Council resolution of May 8, 1972 under Section 39 of the Community Planning Act with regard to the . ...4 ~ 187 property at 20 Prince Edwar oa 1ng oc over t e existing loading pad, New Brunswick Liquor Commission premises at Prince Edward Square be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 30, 1987. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from C.U.P.E. Local 813 requesting that, in keeping with the establishment by the Canadian Labour Congress of April 28 as labour's official Day of Recognition for workers killed, injured or disabled on the job, Common Council proclaim April 28 as an annual official Day of Recognition for the sacrifice of such workers and also requesting that the City call for a one- minute cessation of work at. 11:00 o'clock a.m. on April 28 in recognition of such workers be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. -I On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letter from Barbara Cowan and Libby Shackleton, Co-Chairs of Women's Symposium, advising that, at the request of the Aitken Bicentennial Exhibition Centre and the New Brunswick Advisory Council on the Status of Women, this group has been planning events to enhance two exhibits which will be at the Centre from mid-April to mid-June 1987 with Saint John being the only City in Atlantic Canada to receive the exhibits on this tour,. such exhibits tracing women's lives in social, cultural and work spheres from the mid 1800s to this century; also advising that a weekly series of lectures and a symposium related to the exhibits have been planned to begin April 21 and April 24, respectively; and requesting the support and assistance of the City to see this project to fruition and that an appointment be scheduled to discuss in further detail the plans for this event -- be referred to the grants committee with an appearance of this group to be scheduled in Committee of the Whole. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~I ~, Seconded by Councillor Rogers RESOLVED that the letter from the District 20 Youth Choir requesting financial assistance with regard to a planned musical tour to the Province of Quebec from May 6 to 10, 1987 -- be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Match Co- Ordinator of the volleyball community of Saint John, the hosts for the premier appearance of the National Women's Volleyball Team from Canada in a match against the National Women's Team from South Korea, requesting that the City of Saint John host a reception for the approximate 100 people to be involved during the delegation's visit to Saint John -- be referred to the grants committee for consideration. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Garnett Canada, 13 to 15 Seconded by Councillor Rogers RESOLVED that the letter from Mr. Robert J. requesting the City's financial support for his participation, representing at the World Commonwealth Karate Championships to be held in Trinidad on March -- be referred to the grants committee for consideration. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I {~i!c~~r4 . ~ ~ 188 . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of March, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent and - Messrs. N. Barfoot, Deputy City Manager - Administration; C. Robichaud, Assistant City l1anager .. Operations; F. Rodgers, City Solicitor; D. Wilson, commissioner of Finance; S. Bedford, Acting Director of Community Planning; W. D. Todd, Director of Housing and Property Management; J. C MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, commissioner of Human Resources; R. G. Riley, Chief of Police; R. Johnston, Deputy Fire Chief; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Service; C. E. Nicolle, Director of Recreation ~nd Parks; S. Galbraith Director of Supply & Services; Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; J. Levesque, Director of communications; J. Johnson, Building Inspector; Mrs. Mary Munford, Common Clerk; and L.Linton, Secretary. I ,( C.J Major Weldon Carr of the Salvation Army offered the opening prayer. Her Worship the Mayor welcomed members of the CYO Girl Guides to the meeting and briefly explained the Council meeting procedure. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that minutes of tile meeting of Common Council, held on February 23, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor noted that Miss Teen Saint John, Lynda Dykeman is participating in the Miss Teen Pageant in Toronto this evening and extended best wishes on behalf of the citizens of Saint John. Her Worship read a proclamation proclaiming March 8, 1'987 to be International Women's Day and welcomed Pat Donahee Gould from Saint John Women for Action. ~[, ~ . Her Worship the Mayor extended a message of sympathy to John Brown on the death of his father who passed away in Ireland today and to Victor Fitzgerald, an employee of the Recreation and Parks Department, whose father, Eugene Fitzgerald passed away last Friday. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to Messrs. Brown and Fitzgerald. Question being taken, the motion was carried. The Mayor presented certificates to Councillors Rogers, Vaughan, M. Vincent and The City of Saint John for outstanding contributions to tile Winter Warm-Up Weekend. . Councillor Davis, Chairman of the Board of Commissioners of tile Saint John Regional Hospital presented certificates to Ambulance Attendants who have undertaken a forty-six hour training course as unpaid volunteers and have learned how to deliver a valuable life-saving skill - defibrillation, to the community, as follows:' Bette Ashley, Stephen Belyea, Eugene Boles, George Cole, Leonard Dempster, Robin Doull, Bill England, Mark England, Ray Glaspy, Bernie Hachey, John Henderson, Paul McCarthy, Colleen Nason, Gary Nesbit, Michael Phillips, Allan Phillips, David Rogers, Carl Semple, Leslie Somerville, Douglas Stevens and David Trecartin. Her Worship the 11ayor extended congratulations on behalf of the member of Common Council. ~J' Her Worship the Mayor expressed condolences to the family of the late Dr. Wilmot B. Main, a Freeman of the City of Saint John, who passed away on February 25, 1987. On motion of Councillor Flewwelling ?I Seconded by Councillor Vaughan RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Dr. Wilmot B. Main. Question being taken, the motion was carried. . ...J "...- ]89 On motion of Councillor Vaughan . saint medal Seconded by Councillor Rogers , ' RESOLVED that the Common Council of the City of John extend congratulations to Mark Lackie of Saint John, recipient of one gold and two bronze medals in the speedskating competition at the Canada Winter Games. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to amending Common Council resolution of January 5, 1976 relating to the development of Bon Accord Subdivision Phase 3 to alter the plan of the development so that crescent streets would have a width of 60 feet instead of 50 feet and that the two twelve-unit apartment buildings would be deleted and the land subdivided into not more than three lots for two-family dwelling development, as requested by Kennebecasis Investments Ltd., and no written objections'were received in this regard. ~I Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council amend its resolution of January 5, 1976, which was adopted pursuant to Section 39 of the Community Planning Act and which dealt with development of Bon Accord Subdivision Phase 3, so that the plan of the development is al tered as follows: (1) the crescent streets would have a width of 60 feet instead of 50 feet, and (2) that the two twelve-unit apartment buildings would be deleted and the land subdivided into not more than 3 lots for two-family dwelling development; that Common Council assent to the subdivision plan of Bon Accord Subdivision Phase 3, Stage 1 prepared in accordance with the plan adopted by Council's resolution of January 5, 1976, as altered by Council's resolution of March 2, 1987; and that Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement to ensure the provisions of required services. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that as requested by Kennebecasis Investments Ltd., Common Council resolution of January 5, 1976 relating to Bon Accord Subdivision Phase 3 be amended by altering the plan of the development so that crescent streets would have a width of 60 feet instead of 50 feet and that the two twelve-unit apartment buildings would be delEted and the land subdivided into not more than three lots for two-family dwelling development: -~I AND FURTHER that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of Bon Accord Subdivision Phase 3, Stage 1 prepared in accordance with the plan adopted by Council's resolution,of January 5" 1976 as altered by Council's resolution of March 2, 1987; and authorize tne preparation and execution of a City/Developer Subdivision Agreement to ensure the provisions of required services. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above proposed amendment be received and filed. Question being taken, the motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to the re-zoning of a parcel of land at 625 Dunn Avenue (L.R.I.S. Number 389148) having a frontage of 50 feet and a depth of 100 feet from "R-1B" One-family Residential classification to "R-2" One- and Two-Family Residential classification, to permit the continued use of the property as a two family dwelling, as requested by Rita Pearl Russell, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the lot be re-zoned from "R-1B" One-Family Residential to "R-2" One-- and Two-Family Residential. I: Mr. Dwight Allaby, solicitor for the applicant, advised that the property located at 625 Dunn Avenue has been in use since 1950 as a two-family residence and waS improperly zoned and that the change is required in zoning so that the property may be sold. On motion of Councillor Rogers .1. Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land at 625 Dunn Avenue (L.R.I.S. Number 389148) having a frontage of 50 feet and a depth of 100 feet from "R-1B" One-Family Residential classification to "R-2" One- and Two-Family Residential classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land at 625 Dunn Avenue (L.R.I.S. Number 389148) having a frontage of 50 feet and a depth of 100 feet from "R-IB" One-Family Residential classification to "R-2" One- and Two-Family Residential classification, be read a second time. ~ 190 '1 of Saint . Read a second time the by-law to amend the Zoning By-Law of the City John. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Margaret Street and that no written objections were received in this regard. No person was present to speak against or in favour of the proposed street closing. On motion of councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Margaret Street, be read a first time. 1- Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Margaret Street, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. Notice had been given to Doane Raymond Limited as Receiver Manager under debenture security given by W.A.C. Excavators Limited, a body corporate; W.A.C. Excavators Limited, Universal Software Leasing Inc., Irving oil Limited, Emco Limited, The City of Saint John, Eastcan Fluid Power Ltd., doing business as Mountain Hydra'ulics, Scepter Manufacturing Co. Ltd., (Freehold), being tile owners, to appear at this meeting to show cause, if any, why the buildings located at 94 and 96 Rodney Street in the City and County or Saint John, should not be removed or destroyed as dangerous or dilapidated builings. Mr. Johnson displayed photographs of the said buildings and advised that these buildings were fire damaged on January 29, 1987 to more than 50% of its value and recommends that the buildings be demolished pursuant to the 1925 Building , Act. [ On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that notice having been given to Doane Raymond Limited as Receiver Manager under debenture security given by W.A.C. Excavators Limited, a body corporate; W.A.C. Excavators Limited; and Universal Software Leasing Inc.; Irving oil Limited; Emco Limited; The City of Saint John; Eastcan Fluid Power Ltd., doing business as Mountain Hydraulics; Scepter Manufacturing Co. Ltd., (Freehold) being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the buildings located at civic number 94 and 96 Rodney Street, (L.R.I.S. Number 367243) in the City of Saint John, requesting that the said owners appear before this eeting of the Common Council to show cause why the said buildings should not be removed or destroyed as dangerous or dilapidated buildings, and having considered the report of the Inspector of Buildings,the Common Council hereby deems and'declares the said buildings located at 94 and 96 Rodney Street in the said City to be dilapidated and dangerous: . <I AND BE IT FURTHER RESOLVED that the said Doane Raymond Limited as Receiver Manager under debenture security given by W.A.C. Excavators Limited, a body corporate; W.A.C. Excavators Limited; and universal Software Leasing Inc.; Irving oil Limited; Emco Limited; The City of Saint John; Eastcan Fluid Power Ltd., doing business as l10untain Hydraulics; Scepter Manufacturing Co. Ltd., (Freehold) are hereby required to remove or destroy the said buildings situate at civic number 94 and 96 Rodney Street in the City of Saint John, within ten days after receiving notice to dp so by the Inspector of Buildings: .1 ~. . -r" "'.~ AND BE IT FURTHER RESOLVED that upon failure of the said Doane Raymond Limited as Receiver Manager under debenture security given by W.A.C. Excavators Limited, a body corporate; W.A.C. Excavators Limited; and Universal Software Leasing Inc.; Irving Oil Limited; Emco Limited; The City of Saint John; Eastcan Fluid Power Ltd., doing business as Mountain Hydraulics; Scepter anufacturing Co. Ltd., (Freehold) to remove or destroy the said buildings situate at 94 and 96 Rodney Street in the City of Saint John, in compliance . .... JI"'" 1,9,1 with the request of such notice, that the Inspector of Buildings cause such ,work to be done and the cost thereof recovered from the said Doane Raymond Limited as Receiver Manager under debenture security given by W.A.C. Excavators Limited, a body corporate; W.A.C. Excavators Limited; and Universal Software Leasing Inc.; Irving Oil Limited; Emco Limited; The City of Saint John; Eastcan Fluid Power Ltd., doing business as Mountain Hydraulics; Scepter Manufacturing Co. Ltd., (Freehold). . Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- -I . -I . 1. Regent Street - Water & Sewer Master Enterprises Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated February 13, 1987 Final holdback release 44,197.37 $136,153.20 138,786.47 Nil 94,589.10 2. Charlotte Street (Central) Water & Sewer Renewal Dean Construction Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated February 11, 1987 Partial holdback release 68,671.76 233,201.00 266,969.11 17,000.00 181,297.35 3. Adelaide Street & Leinster Street Que Mar Construction (Maritimes) Limited Original estimated value ,of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated February 16, 1987 Final hOldback release 165,228.00 172,664.48 Nil 136,944.35 35,720.13 4. Champlain Street & Fairville Blvd. Que-Mar Construction (Maritimes) Limited Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated February 19, 1987 Final holdback release 10,611.57 153,280.00 140,221.57 Nil 129,610.00 5. Office Complex Phase 1, Rothesay Avenue Darkil Construction Ltd. Original estimated value of contract Total work done, Estimate #4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated February 26, 1987 Final holdback release 392,400.00 387,691.16 Nil 321,832.19 65,858.97 Mr. Robichaud responded to Council queries regarding over-expenditures on the above projects, as well as the matter of contingencies in construction contracts. I Councillor M. Vincent noted that the combined total of contract awards is over $1 million and it is to the credit of staff that they are only over-expended by $33,000. -- Question being taken, the motion was carried. On motion of Councillor. Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding the request from C.U.P.E. Local 813 that Common Council proclaim April 28 as an annual official Day of Recognition for workers killed, injured or disabled on the y job, such request having been considered at Council's meeting of February 23, advising that Common Council resolution of-April 14, 1986 proclaimed April 28 as an annual official Day of Recognition -- be received and filed. rJ~ . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that two items which had been forwarded for Council's information regarding the new procedures for revenue collection li... 192 -., . as announced by the ~1inister of Finance, and a resolution presented to the provincial-Municipal Council regarding the Program of Equal Opportunity by the cities of New Brunswick Association, be added to the agenda for consideration at this time. Question being taken, the motion was carried. Consideration was given to a press release from the Federation of Canadian Municipalities outlining the new procedures for revenue collection announced by Finance Minister l1ichael Wilson which requires employers whose monthly remittances of Income Tax, UIC and cpp contributions exceed $15,000 to make such remittances twice monthly as opposed to monthly. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the City of Saint John support the Federation of Canadian Municipalities in their efforts__1n pursuing the above matter with the Federal Government. Mr. Wilson advised two changes in the Federal Budget will affect the city of Saint John as a municipality: one is the one cent per litre tax on gasoline and diesel fuel which will cost the City approximately $25,000 per year, the second is the requirement to remit employee deductions much quicker than we did in the past and this change will take place in 1988 and will cost the City $25,000 per year. Question being taken, the motion was carried. Consideration was given to a resolution submitted by the Cities of New Brunswick Association to the Provincial-Municipal Council which was defeated by members of the Provincial-Municipal Council requesting a review of the Program of Equal Opportunity, such resolution having been submitted by the City of Saint John. On motion of Councillor Flewwelling Seconded by Councillor MacDougall RESOLVED that the following resolution be adopted, namely:- ,"WHEREAS it has now been 20 years, since the Program of Equal Opportunity radically changed municipal operations in New.~runswick; and WHEREAS the cha,nges .in :soci'ety in the intervening period have again brought the municipalities into difficult circumstances: THEREFORE BE IT RESOLVED that the City of Saint John request the provincial Government to undertake a review of the said Program of Equal Opportunity.". Councillor MacDougall pointed out areas of concern which should be studied, namely the protection of the City's water supply; the imposition of group homes without the public having any input; and an operating surgical cardiac unit at the Regional Hospital, a public health position and an assistant. He further stated that although many of these issues are not as necessary for small villages and towns, but extremely important for the cities and particularly the major cities and it is timely that this legislation be reviewed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the sum of $480.00 be accepted as money-in-lieu land for public purposes with regard to the Malcolm Maguire Subdivision, Lorneville Road. of Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the John Rumson Estate subdivision plan with respect to the 10 foot widening of DeMille Street, (2) the sum of $1,400.00 be accepted as money-in-lieu of land for public purposes, and (3) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of required services and improvements. Que'stion being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the 1986 Annual Report of the Saint John Port Development Commission be received and filed with appreciation. Mr. Ralph Hurray, Executive Director of ' the Saint John Port Development commission briefly reviewed the status of port operations during 1986 and advised that the total tonnage increased by 42 percent from 8,662,000 tonnes in 1985 to 12,335,000 in 1985; and that the major gains in 1986 were made in bulk cargoes led by petroleum and potash with projected increases for 1987. He further advised that 1987 will be a very difficult year in shipping and shipping lines are experiencing substantial losses and bankruptcy. . I, . . I~ . I~ . I. I~ ~ . ...4 "...- 193 . t:! I , . I . I J . .... Mr. Harry Gaunce, Vic~chairman of the Saint John Port Development Commission, and Chairman of the Local Port Corporation addressed the members of Common Council in reply to Councillor Knibb's reference to the potash tariff and advised the Local Port Corporation will keep Council advised of the actions being taken in this regard. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Civic Employees Local Union No. 18, C.U.P.E. with regard to the unsafe condition of some rented vehicles rented by the City of Saint John -- be referred to the City ~1anager for appropriate action. Councillor Flewwelling vehicles hired by the City would the City. noted that a previous resolution stated that all be in the same condition as those owned and operated by Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Rothesay Baptist Church Inc. expressing concern regarding the business known as CLIXXX Boutique Ltd. presently operating at 95 Russell Street, which has on display x-rated home videos and other merchandise which was found to be offensive -- be received and filed, and discus- sions be held with the City Solicitor and Chief of Police at a later date in Legal Session. Replying to a query as to the licensing of establishments such as these, Chief Riley advised that the business in question is authorized to operate as a retail establish~ ment and the Police Department has no authority to close them down, however, there has been a prosecution of the establishment in question, and the matter is presently before the courts. Question being taken, the motion was carried. On motion of Councillor Knibb 'Sec6nded by Councillor s2hermerhorn RESOLVED that the request from Teresa Debly for financial assistance in regard to a Canadian Crossroads International project whereby she will participate in a six month development-education project in Swaziland, Africa -- be received and filed and the request be regretfully denied. Councillor Rogers requested that a review of the guidelines for the Grants Committee be given so that people will know what funding can be obtained from the City. It was suggested that the guidelines be published in the newspaper. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the notices from the Liquor Licensing Board advising that the applications from Hotel Saint John Limited for a dining room license and lounge license, and The Mechanic's Kitchen for a dining room license, with respect to premises at 300 Chesley Drive and 638 Manawagonish Road, respectively, will be heard on March 6, 1987 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mahogany Heights Development for the re-zoning of property on Manawagonish Road ( being a portion of L.R.I.S. Number 396994) be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Nonday, March 30th, 1987. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Ragged Point Recreational Inc. advising that on February 6, 1986 a contribution of $5,000.00 had been made to the City of Saint John for the upgrading of the Ragged Point Road and in addition the road had been deeded over to the City; requesting that this road be included in the capital budget for chipsealing and the removal of certain blind knolls -- be received and filed and referred to the 1987 Capital Budget committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City of Saint John Retired Members' Association expressing their concerns regarding tile hiring policy of the City of Saint John, requesting that Common Council publish the hiring guidelines be received and filed. -..., 194 . It was noted that the Commissioner of Human Resources will be writing to the Association with the information requested. Councillor MacDougall requested that the information also be given to Council and made public. Councillor Vaughan stated it is time Council examined the city's policy for hiring and noted that she is favour of hiring only people who live in the City. Councillor Flewwelling advised that although the City should give priority to residents of Saint John, it also must hire the best qualified. Mr. Groody summarized the City's policy by stating that it is the responsibiliy of the Human Resources Department to hire personnel for all departments of the City except the Police Department, and the policy is to hire competent, well motivated, responsibile people for all roles; residency is definitely a criteria and residents of Saint John, who meet the qualification, are given preference. . Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Eric L. Teed, Q.c., regarding the 1988 Chess Tournament and suggesting that consideration be given to establishing sidewalk chessboards throughout the City-- be received and filed and referred to the Chess Tournament Committee. 1/ =-' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . ~oii~d/ v I . I. , . ,- / .. ~ "..- 195 .At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of March, A.D. 1987, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Acting Director of Community Planning; R. G. Riley, Chief of Police; R. Johnston, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Assistant Director of Parks; J. Johnson, Building Inspector; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; R. Adams, Property Management; J. Levesque, Director of Communications and Public Relations; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. 'I Reverend James Cowan of Main Street Baptist ChU)~ch offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor U. Vincent . RESOLVED that minutes of the meeting of Common Council, held on "larch 2, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor noted the dates and locations for free income tax clinics being offered by the New Brunswick Institute of Chartered Accountants to senior citizens, single parents, handicapped persons and low-income families. Her Worship the Mayor extended a message of sympathy to the family of the late Mr. Arthur V. Lowe, a retired captain of the Fire Department, who passed away on March 6, 1987. I On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend sympathy to the family of the late Mr. Arthur V. Lowe. Question being taken, the motion was carried. Her Worship the Mayor commented on the Third Annual St. Patrick's Week Celebration in the City which commenced on March 7, 1987, and welcomed to the City delegates of the Canadian Turf Grass Conference. . Councillor Rogers requested that the copy of a letter to the Minister of Health and Community Services regarding the group home on Josselyn Road (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Her Worship the Mayor, in noting that copies of a letter from Commercial Properties Limited were distributed to Council members immediately prior to this meeting, asked that this letter also be added to the agenda. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. ,I Question being taken, the motion was carried. On motion of Councillor Gould _I. Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne regarding the telephone response each year about the increase in the tax bills and the necessity of Council to explain to the taxpayers that, if they receive an increase in their bill, it was caused by an increase in the property assessments which are set by the Province; suggesting that, rather that penalize citizens for improving their property so that a better environment is created for all concerned, a rebate system for work done on properties should be applied, and recommending that the City Manager be requested to review this suggestion and obtain information from the United States as to how this system is applied in that area and report to Council -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. . Her Worship the Mayor asked if it is Mr. Robichaud's intent to address Council at this meeting on the matter of parking on Elliott Rowand Wentworth Streets to which Mr. Clark replied that staff has done some exploratory work in this regard and can report either at this meeting or in Committee of the Whole. ~, - II ,., 198 . Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted appliation of Mr. Thomas E. Secord have been completed and that the required waiting period for objections expired on March 4, 1987 with no written objections having been received. . Consideration was also given to a letter from the City Manager advising that the Planning Department is recommending that the process of advertising, requesting the views of the Planning Advisory Committee and the holding of a public hearing with respect to the above application continue in the usual manner. On. motion of Councillor Schermerhorn 1',& , , .,' Seconded by Councillor Gould RESOLVED. that the application of Mr. Thomas E. Secord for a Municipal Plan amendment and re-zoning of property on Loch Lomond Road, between Greenwood Street and Griggs Road, be referred to the Planning Advisory Committee. for, a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 13, 1987. Question being taken, the motion was carried. I/~ 'vi On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the above matter be received and filed. Question being taken, the motion was carried. tt. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 2, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant in the amount of $500.00 be approved for School District 20 Youth Choir to assist in its participation in a musical tour to the Province of Quebec from May 6 to 10, 1987. I , -'" ---' 2. That a grant in the amount of $300.00 be approved to assist Mr. Robert J. Garnett in his participation at the 8th World Karate Championships to be held in Trinidad on March 13 to 15, 1987. 3. That as recommended by the City Manager, (1) the leases for the commercial tenants of the Old Provincial building be renewed under the rental terms shown on the submitted summary as numbers 1 to 7 with all other terms of the leases to remain as at present, (2) the charitable organizations, shown as numbers 8 to 10 on the submitted summary, occupying space in the Old provincial building be rented the premises they are presently occupying for a term of one year from April 1, 1987 at the economic rentals and they be given grants to reduce this rent to the cost of maintaining the space which will be paid on a monthly basis and. (3) the organizations that have no income, shown as numbers 11 to 13 on the submitted' summary, occupying space in the Old provincial building be rented the premises they are presently occupying for a term of one year from April 1, 1987 at the economic rentals and they be given grants to reduce this rent to $25.00 per month. . ~d March 9, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I ':;.-;f On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. I ;/_'1- The Mayor advised that section 2 of the above report has been withdrawn as the competition has been cancelled. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. .i .~ ...4 ,....- 197 staff report will comment on the general principles of group homes and consider the matters broached in Mr. Adler's submitted correspondence, expressed the opinion that there is no authority to withhold the Society's building permit and that the staff report will deal with what, if any, action Council can take with respect to the present law to change the section dealing with group homes as they relate to residential districts throughout the City. The Mayor expressed the understanding that no written response has been received to Common Council resolution of February 23, 1987 to the Ministers of Health and Community Service and Justice and noted that a copy of the correspondence in this regard was forwarded to the Minister of Justice and to the Premier's Office expressing Council's concern and indicating that a further report would be submitted if Council so directed. Councillor M. Vincent asked if the anticipated staff report will address the issue of interpretation of institutional occupancy to which Mr. Rodgers replied that such issue will be addressed in light of any new facts and noted that it is the Provincial Cabinet which declares whether or not a facility is to be considered a group home. The Mayor asked if, in view of the urgency of this matter, Council could have a staff report at the next meeting and Mr. Clark advised that he would undertake to have such report available at the next Council meeting and discussion continued during which time Mr. Bedford commented on the John Howard Society's approach to City staff with respect to the subject property, the selection of young offenders for placement in group homes, Council's previous action with respect to group home placement and whether or not the Young Offenders Act was in place at that time, and the possibility of prohibiting group homes in the City, and Councillor MacDougall suggested that Council should ask the Premier and the Provincial Cabinet to intervene in this matter and put a hold on the group home concerned as there is an obligation to hear the residents' views in this regard. The Mayor suggested that,although the normal procedure is for Council to take action on a matter presented by a delegation at a later time in the meeting, it would be in order for Council to consider a motion at this time. . ,." I 'I On motion of Councillor MacDougall . Seconded by Councillor Gould RESOLVED that Common Council request the Provincial Cabinet to put a halt on the placement of a group home at 4 Josselyn Road pending Council's receipt of the anticipated staff report and that a copy of the above correspondence from Mr. Adler be forwarded to the Premier and Members of the Cabinet. Councillor MacDougall suggested that a three-month hold should be placed on the above matter to provide staff an opportunity to perform its review and for the citizens to know that there is a reasonable hold period. The Mayor asked that staff prepare on March 10, 1987 for her signature a letter to the Premier and the members of the Cabinet, rather than forward the above resolution, if adopted, to the Cabinet. "nayll . Question being taken, the motion was carried with Councillor Knibb voting I (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. John D. Wallace, Corporate Counsel for Commercial Properties Limited, advising that IBM Canada Ltd., which will be occupying the second and third floors of Commercial Properties Limited's property at 2 King Street with its sole access being through the entrance way located on King Street, desires to have an appropriate ramp for handicapped persons at the King Street entrance as indicated in the submitted copy of the proposed entrance ramp detail plan; and requesting permission to construct this ramp for handicapped persons -~ be received and filed and permission be granted with the City Solicitor to prepare the necessary documentation in this regard. . Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-99 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 625 Dunn Avenue (L.R.I.S. Number 389148), having a frontage of 50 feet and a depth of 100 feet, from "R-lB" One-Family Residential to "R-2" One- and Two-Family Residential 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. 100-99 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. On motion of Councillor Schermerhorn -l Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City of Saint John", with respect to closing a portion of the following highway:- MARGARET STREET: All that portion of Margaret Street not previously closed and more particularly described as situate between the northern sideline of Loch Lomond Road and lands now or formerly owned by Bayview Development Ltd. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. .... 198 1 . Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted appliation of Mr. Thomas E. Secord have been completed and that the required waiting period for objections expired on March 4, 1987 with no written objections having been received. . Consideration was also given to a letter from the City Manager advising that the Planning Department is recommending that the process of advertising, requesting the views of the Planning Advisory Committee and the holding of a public hearing with respect to the above application continue in the usual manner. On. motion of Councillor Schermerhorn f Seconded by Councillor Gould RESOLVED that the application of Mr. Thomas E. Secord for a Municipal Plan amendment and re-zoning of property on Loch Lomond Road, between Greenwood Street and Griggs Road, be referred to the Planning Advisory Committee for, a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 13, 1987. Question being taken, the motion was carried. I/~ v On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the above matter be received and filed. Question being taken, the motion was carried. . Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 2, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant in the amount of $500.00 be approved for School District 20 Youth Choir to assist in its participation in a musical tour to the Province of Quebec from May 6 to 10, 1987. I 2. That a grant in the amount of $300.00 be approved to assist Mr. Robert J. Garnett in his participation at the 8th World Karate Championships to be held in Trinidad on March 13 to 15, 1987. 3. That as recommended by the City Manager, (1) the leases for the commercial tenants of the Old provincial building be renewed under the rental terms shown on the submitted summary as numbers 1 to 7 with all other terms of the leases to remain as at present, (2) the charitable organizations, shown as numbers 8 to 10 on the submitted summary, occupying space in the Old provincial building be rented the premises they are presently occupying for a term of one year from April 1, 1987 at the economic rentals and they be given grants to reduce this rent to the cost of maintaining the space which will be paid on a monthly basis and (3) the organizations that have no income, shown as numbers 11 to 13 on the submitted summary, occupying space in the Old Provincial building be rented the premises they are presently occupying for a term of one year from.April 1, 1987 at the economic rentals and they be given grants to reduce this rent to $25.00 per month. . March 9,1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I~ ". ~ On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. [ The Mayor advised that section 2 of the above report has been withdrawn as the competition has been cancelled. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. . ~ ,...- 199 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property on Gault Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 13, 1987. Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Councillor MacDougall congratulated Councillor A. Vincent on having been awarded by the Town of Summerside, Prince Edward Island, the first annual Mayor's Good Neighbour Award. I~ Question being taken, the motion was carried. YJrA7~ftf ra+~ on Clerk . J (' - . I L . .... -.., 200 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of March, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; S. Bedford, Acting Director of Community Planning; W. D. Todd, Director of Housing and Property Management; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief;' S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Service; J. Brownell, Assistant Director of Recreation; S. Galbraith, Director of Supply & Services; Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; J. Levesque, Director of Communications; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; T. Totten, Deputy Commissioner of Finance; J. Gallagher, Chief Accountant; Brian Belyea, Budget Officer; Mrs. M; Munford, Common Clerk; and L. Linton, Secretary. ,~J , ~ =1 Reverend Tom Fowler of the Cathedral of the Immaculate Conception offered the opening prayer. . Her Worship the Mayor noted that she attended the luncheon held by the Rotary Club to kick-off their Easter Seal campaign and encouraged all the citizens to contribute to this worthwhile endeavour. The Mayor announced that Saint John will become a regular port of call, every second Sunday, for a Montreal based cruise ship beginning May 31st to October 4th; the cruises will originate and terminate at Saint John and will consist of a seven-day cruise to Montreal and Mrs. Huntington-LeBlanc commented on the said tours. Her Worship the Mayor advised that the 1987 Air Canada schedule has a feature article on Saint John with photographs of the downtown core. The Mayor extended a welcome to members of the Rochester Americans Hockey Team which has been in Saint John for the past week. The Mayor read a proclamation proclaiming March 16 to 21, 1987 as Easter Seal Week in the City of Saint John. ~I' ~J . ~ Councillor M. Vincent advised that the Saint John Fire Department Smockey Night will be held on Friday, March 20th at 7 p.m. at the Lord Beaverbrook Rink, all proceeds will be donated to the Muscular Dystrophy Fund and requested all citizens to support this cause. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that Common Council extend congratulations to Councillor Albert Vincent on having been awarded the first annual Mayor's Good Neighbour Award by the Town of Summerside, Prince Edward Island. Question being taken, the motion was carried. . Councillor Flewwelling advised of his attendance at the closing ceremonies of the Knights of Columbus hockey tournament held this past weekend. On motion of Councillor Knibb Seconded by Councillor Schermerhorn . , I RESOLVED that minutes of the meeting of Common Council, held on March 9, 1987, be approved. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land containing 12.6 acres, located between Stewart Street and the CPR tracks (L.R.I.S. Number 399675), having civic number 371 Manchester Avenue, from "RS-'2" One- and Two-Family Suburban Residential classification to "R-1A" One-Family Residential classification, to limit development to one-family homes, as requested by Cadillac Developments Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed re-zoning. . v__ Consideration was given to a letter from the Planning Advisory Committee recommending that the parcel of land containing 12.6 acres (L.R.I.S. Number 399675), having civic number 371 Manchester Avenue, located between Stewart Street and CPR tracks, be rezoned from "RS-2" One- and Two-Family Suburban Residential to "R-IA" One-Family Residential classification. . . ...4 "...- , 2J.1 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land containing 12.6 acres, located between Stewart Street and the CPR tracks (L.R.I.S. Number 399675), having civic number 371 Manchester Avenue, from "RS-2" One- and Two-Family Suburban Residential classification to "R-IA" One-Family Residential classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. I On motion of Councillor' Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land containing 12.6 acres, located between Stewart Street and the CPR tracks (L.R.I.S. Number 399675), having civic number 371 Manchester Avenue, from "RS-2" One- and Two-Family Suburban Residential classification, be read a second time. I John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. . Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A of the Plan a parcel of land approximately 12 m (40 ft.) deep and approximately 62 m (200 ft.) long to the rear of the existing Shamrock Truss Building located at 691 Somerset Street from Medium Density Residential to Light Industrial classification, to place in industrial designation and zoning all of property utilized by the existing industrial business, as requested by Shamrock Truss & Components Ltd. Her Worship the Mayor advised that the John Howard Society spoke to Common Council in Committee of the Whole this date and have asked permission to be added to the agenda in order to speak publicly to the Council and to the citizens of Saint John. I f On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that a representative of the John Howard Society be invited to address Common Council at this time. Question being taken, the motion was carried. . Mr. William.Grant, President of the Saint John Branch of the John Howard Society cr New Brunswick Inc., advised that the procedure followed by the Society in its endeavour to establish a group home on the Josselyn Road in Saint John was done with the best intentions and outlined the various steps taken to inform Council and the residents of the area of their proposed plans and noted that the procedures followed in purchasing the property were fully in compliance with the by-laws of the City of Saint John. He noted that representatives of the Society, together with representatives of the Department of Justice and the Department of Health and Community Services, Peter Trites, M.L.A. and approximately 100-125 residents met on February 19th to discuss the matter, and again on February 25th, 1987 five of the residents and their lawyer met with three members of the Board of Directors, the Society's Executive Director and lawyer to cover all aspects of the operation and in addition .the Society has extended an invitation to the residents to designate one of their number to sit on its Residential Care Commi ttee which oversees the operation of their residence:cn Carleton Street and in the future the facility on Josselyn Road, however to date they have not received a reply to the invitation. Mr. Grant noted that the aim of the Society in operating this facility for young offenders is to expose the residents to a lifestyle which is considered "normal" in society or at the very least, more acceptable to society than the lifestyle which has brought them into conflict with the law, and advised that at the beginning of 1987 the Board of Directors established a Policies and Issues Committee whose function is .to discuss issues related to corrections in Canada and in our local community in particular and to make recommendations to the Board of Directors as to positions which sould be adopted on various issues, and it is the Society's intention to follow that through with public statements. During ensuing discussion, Councillor M. Vincent suggested that for any future plans of this nature the John Howard Society change their procedure and approach. Regarding the invitation extended to area residents :tc apoint a member to the Society's Residential Care Committee, Councillor Rogers suggested that if she was in direct opposition to a proposal, she also would not wish to serve on a committee whose aim was to accomplish an opposing goal. She also suggested that information on the proposed group home should have been presented to Common Council at an earlier date. Her Worship the Mayor thanked Mr. Grant for his presentation and expressed appreciation to all members of the Society who volunteer to assist young persons in our community, and advised that staff will study the staff report presented to Common Council in Committee of the Whole with the hope that a satisfactory solution to the existing problems will be found. Councillor Vaughan noted that it is not unusual to have opposition to group homes no matter where they are located and expressed concern for training of the staff who provide 24-hour supervision. Mr. Grant replied that the training is not only on the job, but on-going through courses. The Mayor suggested attempts be made to establish a certification course for group home workers at the Saint John Community College as has been suggested by the Society. ~1 . . lI... ~ ~ 2J2 Consideration was gi~en to a letter from Councillor Davis, Chairman of the Finance Committee, and to a letter from the City Manager, submitting a report from the Finance Department commenting on the operational highlights of the financial statements of The City of Saint John General Fund and The City of Saint John Water and Sewerage utility for the year ended December 31, 1986, and the auditor's reports prepared by Coopers & Lybrand. . On motion of Councillor Davis Seconded by Councillor Gould RESOLVED that the financial statement of The City of Saint John General Fund for the year ended December 31, 1986, and the auditor's report thereon, be received and filed. I Mr. Wilson read the report regarding the operational highlights of the General Fund which notes that the General Fund has experienced an operating surplus for the sixth consecutive year, and in addition, the City's commitment to eliminate the need for long-term financing of capital projects continued with $567,350 of capital work being financed out of current operating funds. The report notes that as at December 31, 1986 the amount of debenture debt outstanding was $4.7 million less than the previous year, which represents the first time in many years that the amount of debt retirement exceeded the amount of new debt, and that the City is experiencing the beginning of a trend which should continue towards the ultimate objective of being debt-free. The report concludes that staff is confident in stating that the results of operations in 1986 are further evidence of the City's commitment to fiscal responsibility and that a reduction in the amount of outstanding debt, a recent history of stable tax rates and operating surpluses and an objective to fund capital jobs from operating funds are all indicators that the City continues to position itself to meet the financial challenges that lie ahead. The Mayor referred to a $7 million unfunded liability of the Pension Fund and noted that the actuary has recommended that this amount be funded at the rate of $764,000 annually for 15 years and that the Board of Trustees of the Pension Fund will be pursuing various alternatives to liquidate the unfunded liability and Council will be informed. I . Messrs. L. G. wittrien and P. LeBlanc of Coopers & Lybrand were present at the meeting. Mr. LeBlanc stated that the City is in a very good financial position; interest rates have been on the decline for the past several years and it is probably an opportune time to raise funds for major projects, however, extreme caution must always be exercised with a reasonably heavy debt load. The increase in the City's equity in 1986 was explained by Mr. Wittrien. Mr. LeBlanc advised that the City's inventory control is much improved as the result of new systems having been put in place as the result of previous recommendations from the auditors. Question being taken, the motion was carried. , Mr. Wilson read the submitted report on the financial highlights of the Water and Sewerage Utility which notes that the Utility performed better than anticipated in 1986 in that the budget approved by Common Council projected a deficit of only $32,369, which favourable outcome is the result of many small variations from budget in a number of individual revenue and expense accounts, the total of such variations being less than two percent of total budget. The report advises that the 1986 results reverse trends that have caused some concern in the last couple of years; specifically, 1986 was the first year in at least the last six years that revenue from the Utility's customers actually exceeded budget, and as well, the 1986 operations show a significant increase in revenue from the issuance of water and sewer permits, which reversal of trends is a result of a more stable economy as well as initiatives taken by the City to increase the number of housing starts. The report concludes that it is hoped that these trends will continue and will result in the elimination of the accumulated deficit in the utility within two to three years. Discussion ensued during which time Mr. Totten advised that the unearned revenue of $166,616.00 represented water rates paid in December 1986 for 1987. Messrs. Wilson, LeBlanc and Wittrien responded to queries regarding the utility rates, the provision of services to all citizens, the feasibility of a municipality providing water service to adjoining municipalities, and the existing agreements with four industrial customers for the provision of water services. . Seconded by Councillor Schermerhorn l On motion of Councillor Davis RESOLVED that the financial statement of The City of Saint John Water and Sewerage utility for the year ended December 31, 1986 and the auditor's report thereon, be received and filed. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) ~l ,Read a letter from Mayor Wayne submitting correspondence from the New Brunswick Branch of the War Amputations of Canada regarding the cut-back in prosthetic services offered at the Saint John Reqional Hospital, noting that as indicated in the said correspondence, the matter has not been finalized and requesting Council's endorsement that she contact the Honourable Gerald Merrithew expressing the City's concern regarding this most pressing matter. Councillor Davis, a member of the Board of Commissioners of the Saint John Regional Hospital, confirmed the information contained in the above correspondence and suggested that the present situation is desperate, and referred to the funding previously provided by the Federal Department of Veterans Affairs to . ~ ~ 20~ provide this service at the Regional Hospital, and to the efforts of the Hospital Board to rectify this problem. He agreed to inform Council of the results of meetings which "have been scheduled in this regard. Deputy Mayor Gould noted that the Federal Government still has the legal responsibility to provide these services, and referred to events which resulted in the present problem. He suggested that the Mayor also contact the Federal Ministers of Veterans Affairs, and Health and Welfare. . On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the above letter be received and filed and this matter be pursued by Her Worship the Mayor with the appropriate Federal Ministers. Question being taken, the motion was carried. Consideration was given to a letter from Councillor MacDougall expressing concern over the teaching of AIDS (Acquired Immune Deficiency Syndrome) prevention to school children in the Saint John area starting with Grade 4. I Councillor MacDougall expressed his concern on learning of plans to teach AIDS prevention to young children next fall and to recent published statements attributed to a representative of the District 19 School Board on this subject. During ensuing discussion Councillor Knibb expressed his understanding that the proposed curriculum will be designed to teach young children a basic understanding of human sexuality, which program he would support. The Mayor noted that she has received notice of a workshop being held by the N.B./P.E.I. Branch of the Canadian Public Health Association on this matter in Moncton, on April 2nd and 3rd and she suggested that Councillor MacDougall attend this workshop on behalf of Common Council. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the above letter be received and filed and that Councillor MacDougall attend the above-mentioned workshop and report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by. the City Manager, authority be granted for payment of the following consttruction progress certificate, namely:- I 1. Charlotte Street (West) Water and Sewer Renewal Paul & Bruce Martin Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated March 3, 1987 Partial holdback release $234,810.00 222,146.24 1,900.00 188,824.30 31,421.94 Question being taken, the motion was carried. . The Mayor advised that the City Manager has requested that his letter regarding tenders for asphaltic concrete mixes be withdrawn from the agenda. On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the above-mentioned item be withdrawn from the agenda. Question being taken, the motion was carried. ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of traffic paint and glass beads for the year 1987 be awarded in accordance with the recommendation contained in the submitted bid summary. ~ Question being taken, the motion was carried. Read a letter from the City Manager advising of a request"_from Mr. William T. Grant, solicitor for Mr. and Mrs. Eric Phinney, for an easement permitting the encroachment of their building at 85 Hazen Street, and recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City . l ~ toft ~ ' " Manager and in consideration of the payment of One Dollar ($1.00), the Mayor and Common Clerk be authorized to execute an easement in favour of Eric. and Valerie Phinney to permit the encroachment upon Hazen Street of their building at 85 Hazen Street, such easement to terminate with the destruction or removal of the encroachment. . Question being taken, the motion was carried. Read a letter from the City Manager advising of a request from Mr. William T. Grant, solicitor for Mr. William C. Russell, for an easement permitting the encroachment on pitt Street of his building at 60 Pitt Street, and recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn f Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and in consideration of the payment of One Dollar ($1.00) the Mayor and Common Clerk be authorized to execute an easement in favour of William C. Russell to permit the encroachment upon pitt Street of his building at 60 Pitt Street, such easement to terminate with the destruction or removal of the encroachment. 'I ~' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender for safety supplies be awarded in accordance with the recommendation contained in the submitted bid summary. . Councillor Rogers questioned the increase in the cost of helmets by $1.50, to which Mr. Hanlon replied that the item in question could be purchased from Dartmouth at a much lower price, however, the tender call specified that the supplier must maintain adequate stock on land locally so that the City's stockroom can reduce its stock and noted that this particular clause has been in the tender call for a number of years. The Mayor requested Mr. Hanlon meet with Mr. Robichaud and the City Manager to review the aforementioned clause. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb rl t '" Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding a complaint from David S. Campbell regarding the lack of snow plowing on Pine Street, which was considered by Council on February 16, 1987, submitting a report from the Assistant City Manager - Operations advising that Pine Street is a short side street off Prospect Street which, in turn, connects to Mount Pleasant Avenue (north) and has a designation of priority 4 on the snow plowing schedule and during an average storm would be plowed six to eight hours after the snow stops and recommending that pine Street not receive a higher priority as it would set a precedent -- be received and filed and a copy forwarded to Mr. Campbell. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager regarding permits for street occupation. The Mayor stated that the City Manager has requested that Council designate the Building Inspector to grant permits under the by-law referred to in the said letter. On motion of Councillor Flewwelling <-, Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding complaints from citizens who park on the north side of Elliott Row between Union Street and Wentworth Street, (which was considered by Common Council in Committee of the Whole on March 9th, 1987), advising that the City Solicitor has examined "A By-Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances .in the said City" which was passed on August 2, 1876 and which in his opinion is valid and that twenty-five permits for street occupation under this By-law were issued in 1986, generally in connection with building construction or renovation, and that in the case of the Elliott Row situation the street occupation will be for.a period of seven months and has pre-empted about ten parking spaces, and that to minimize future problems of this nature, staff will ensure that the contractors understand the necessity for good communications in dealing with members of the public who are inconvenienced by street occupations, and further, that an appropriate notice for placing on parked cars in areas covered by street occupation p~ermits will be provided by the City, be received and filed and that the Building Inspector be designated to grant permits under the said by-law. ,,( ~l- . ~ "...- ~ 2J5 Question being taken, the motion was carried. . Read a letter from the Common Clerk noting that the 50th annual conference of the Federation of Canadian Municipalities will be held in Ottawa, Ontario from May 31st to June 3rd, 1987, advising that authorization is required for any members of Council who may wish to attend this conference, as well as the designation of the three delegates permitted to vote on behalf of the City at the conference's general meeting, and further advising that Council may also authorize, if it so wishes, that the per diem rate of $25.00 be paid to any Council members who attend the said conference. On motion of Councillor Schermerhorn ) Seconded by Councillor Flewwelling RESOLVED that authority be granted for members of Common Council to attend. the 50th annual conference of the Federation of Canadian Municipalities, to be held from May 31st to June 3rd, 1987, in Ottawa, Ontario, and that the per diem rate of $25.00 be paid to any Council members who attend the said conference, and further that the Mayor be authorized to name three voting delegates to the said conference. Question being taken, the motion was carried. ~I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on March 9, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Grants Advisory Board, the following grants be approved:- (i) New Brunswick Teachers' Association - provincial Conference May 6 to 8, 1987 - $450.00 (ii) New Brunswick Real Estate Association - Provincial Conference March 13 to 14, 1987 - $600.00 (iii) Fundy Branch #68, Royal Canadian Legion, Reunion June 5 to 7, 1987 - $375.00 I (iv) National Symposium on Family Violence June 3 to 5, 1987 - $800.00 (v) Law Society of New Brunswick - provincial Conference July 16 to 18, 1987 - $500.00 (vi) Institute of Association Executives - National Conference August 9 to 12, 1987 - $2,000.00 AND FURTHER that as recommended by the Grants Advisory Board, no grant monies be extended to the following:- . (i) New Brunswick Teachers' Association - Conference on Legal Aspects of Education - April 27 to 28, 1987 (ii) Kinsmen Club of Saint John - Regional Conference - October 18, 1986 (iii) Data Processing Management Association/N.S. Chapter November 13, 1986. March 16, 1987, Saint John, N. B. Respectfully submitted, Elsie E. Wayne, C h air man. J On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the above report be received and filed and the recommendation contained therein be adopted. Question being taken, the motion was carried. ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the sum of $1,292.00 be accepted as money-in-lieu of land for public purposes with regard to the Bryce H. Beyea Subdivision, Cottage Road. Question being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land at 237 Foster Thurston Drive, shown on the plan entitled "Parks ide Development - Rezoning ~ ~ , 206 . and Tentative Plan, Phase I", dated January 13, 1987 in the manner illustrated thereon, (2) that the sum of $3,200.00 be accepted as money-in-lieu of land for public purposes, and (3) that Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of required services. . The Mayor suggested that the Planning Advisory Committee consider reviving former street names in the City, such as St. Patrick Street and Erin Street. Question being taken, the motion was carried. Seconded by Councillor Vaughan f ~ On motion of Councillor Schermerhorn RESOLVED that the letter from the Major Tournament Committee regarding requests for financial support from the City, regarding the 1987 Provincial Broomball Tournament and on behalf of the volleyball community, hosts for the National Women's Volleyball team, which were considered by Council in Committee of the Whole on March 2, 1987, advising that the Committee met with co-ordinators of both organizations which have been given support by the Major Tournament Committee and they are both satisfied with the level of assistance offered them and both events will take place as scheduled -- be received and filed. '1- - -=-- Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Vaughan RESOLVED that the letter from the Centre Communautaire Samuel-de-Champlain requesting financial assistance of $1,000.00 towards costs associated with the eighth Acadian Festival to be held in Saint John August 14th to 16th, 1987 -- be referred to the Grants Committee. . Councillor Flewwelling noted that Saint John is not a bilingual name and is not to be translated. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Raymond F. Glennie, solicitor for Centennial Leaseholds Limited regarding property on Ellerdale Street which was rezoned pursuant to provisions of Section 39 of the Community Planning Act, amended by resolutions of September 2, 1975, December 29, 1975, March 15, 1982 and September 30, 1985, advising that Centennial Leaseholds Limited intends to sell the lands upon which the development is to take place and requesting to have the Developer's Agreement amended to include a clause to the effect that the City's remedies will be limited to cancellation of the agreement in the event Centennial, or successor owners, should default in performance of the agreement; or a clause releasing Centennial from all of its obligations under the agreement upon the conveyances of the subject property be referred to the City Solicitor for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor MacDougall RESOLVED that the letter from Henry Flood of Neptune Publishing Company Ltd., requesting permission to photograph the painting of the Loyalist Landing at Market Slip and the City Charter for use in a book entitled "Touring Saint John And Area" by Harold Wright -- be received and filed and the requested permission be granted. . (Councillor Davis withdrew from the meetin~;) Question being taken, the motion was carried. On motion of Councillor Schermerhorn "I~. - -- -....,. Seconded by Councillor Vaughan RESOLVED that the letter from the Fundy Bicycling Club and the Thyroid Foundation of Canada, Greater Saint John Chapter, requesting approval and support of the uptown area as the location for a joint fund-raising bicycle relay race which is planned for May 23rd and 24th to coincide with Participactlon Week activities be referred to the City Manager and Chief of Police, and that a copy of the said letter be forwarded to the Participaction Day Committee. Question being taken, the motion was carried. ~L On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from J. Ladds Batten requesting that the upgrading and chipsealing of the Ragged Point Road be undertaken in 1987 -- be received and referred to the Capital Budget committee. . (Councillor Davis re-entered the meeting). Question being taken, the motion was carried. ~ ,... ~ 2J7 ~ On motion of Councillor Schermerhorn .. Seconded by Councillor Knibb RESOLVED that the application of Rujo Holdings Ltd., for the re-zoning of property at Lansdowne Place, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, April 27, 1987. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mr. George Avery to Mayor Wayne regarding snow removal on Horsfield Street -- be referred to the City Manager. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~w~~ . I . J: _L . ~ ~ 2J8 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of March, A.D. 1987, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, commissioner of Finance; S. Bedford, Acting Director of .Community Planning; W. D. Todd, Director of Housing and Property Management; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Assistant Director of Parks; S. Galbraith, Director of Supply & Services; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; M. Smith, General Foreman - Transport; J. Levesque, Director of Communications and Public Relations; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. Munford, .Common Clerk; and C. Joyce, Assistant Common Clerk. 'r .1 v_ " Canon W. A.'. Bockus of St. Paul's Church offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED meeting of Common Council, held on March 16, 1987, be that minutes of the approved. Question being taken, the motion was carried. Councillor Flewwelling suggested that the City Manager's item regarding a uniform tax rate, which is included for discussion in Committee of the Whole later this date, should be considered at this meeting whereupon Mr. Clark expressed his preference that, in view of the report being a draft which will require a considerable amount of discussion on major policy issues, Council have an opportunity for such discussion and the Mayor suggested that Council should have a teach-in prior to the matter being discussed publicly. I Her Worship the Mayor asked that the letter from the Environment Committee (copies of which were forwarded to Council members as an information item), the letter from Mr. Dan Adler regarding the John Howard Society's address in closed session and the City Manager's letter regarding the City Engineer, both of which are included on the agenda for discussion in Committee of the Whole later this date, be added to the agenda for consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor Flewwelling . RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Her Worship the Mayor expressed condolences to Mr. D. J. French, Director of Personnel, on the death of his father, Mr. Charles T. French, on March 22, 1987. On motion of Councillor Gould ~L Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Charles T. French. Question being taken, the motion was carried. Her Worship the Mayor noted that Amy Vincent, daughter of Councillor M. Vincent, won the Canadian Midget Girl's Championship at the Canadian Indoor Speedskating Championship in Cambridge, Ontario, and Shelley Vaughan, Councillor Vaughan's daughter, placed second overall in her 18 and older senior division, Mark Lackie placed third overall in the senior men's class, and David Allardice won a gold medal in the midget boy's division, and called for a motion that a letter of congratulations under her signature be forwarded to these Saint John skaters. ~l, , On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that a letter of congratulations be forwarded to Amy Vincent, Shelley Vaughan, Mark Lackie and David Allardice for their success in the Canadian Indoor Speedskating Championship. . Question being taken, the motion was carried. I .~ ".-- 209 . II I "'- I. I . ~~( -J. t . ~ Read a letter from Councillor Flewwelling asking when a plaque will be placed on the overpass on Church Avenue honouring the man for whom the bridge was named by Council the "Louis Murphy Overpass". On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that a plaque honouring Mr. Louis Murphy, for whom the Louis Murphy Overpass was named, be placed on the Overpass at an appropriate ceremony. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Environment Committee expressing the opinion that there is a need for an action-oriented group to undertake the development and promotion of Arbour Day throughout the City as a program independent from the normal work of the Environment Committee which is more directly related to pollution, and that an Arbour Day committee should be able to develop a number of concepts including contacting the schools, businesses and other organizations and should, to ,.re a success, be under the direction of an independent committee of persons who are primarily interested in that concept, and recommending that, to ensure the continuity of Arbour Day throughout the City, involving the City, its citizens and othe~ groups, the City constitute an Arbour Day Committee composed of a minimum of five members to be in charge of the promotion, encourgement and development of an annual Arbour Day observance in the City and that an ex-officio member to the committee be a representative of the Recreation and Parks Department, particularly versed in horticulture -- be received and filed and that the appointment of an Arbour Day Committee be referred to the Nominating Committee. Question being taken, the motion was carried. With regard to the letter from Mr. Dan Adler requesting a copy of the minutes pertaining to the meeting in closed session on March 16, 1987 with the John Howard Society with respect to the proposed establishment of a correctional facility for young offenders at 4 Josselyn Road, the Mayor advised that she explained to Mr. Adler that his request is out of order and that Council does not give copies pertaining to closed sessions of Council to anyone and that, in any event, basically he had heard in open session on March 16 most of what was discussed in closed session with the Society, and advised that, as requested, Mr. Adler has been scheduled to again appear before Council on March 30, 1987. The Mayor called for a motion to receive and file Mr. Adler's letter on the basis that she has explained the situation to him. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Dan Adler regarding the meeting with the John Howard Society in closed session of Council on March 16, 1987, be received and filed. Question being taken, the motion was carried. Read a letter from the City Manager noting that the reorganization of the City administration adopted by Council on February 9, 1987 left the City without the position of Commissioner of Engineering and Works, such position included in several City by-laws, such as the Subdivision, Water and Sewerage and Solid Waste By-Laws; also noting that it has always been recognized that the position of Commissioner of Engineering and Works included the position of City Engineer; and recommending that, to resolve this question, the submitted resolution, which was prepared by the City SOlicitor, be adopted. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Mr. Charles Robichaud, Assistant City Manager - Operations, is hereby appointed also the Chief City Engineer: AND FURTHER BE IT RESOLVED that the Subdivision By-Law, Water and Sewerage By~Law and the Solid Waste By-Law be amended to reflect the present reorganizational structure. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that four responses were received to the City's request for proposals for the production of a promotional video to be used primarily to sell Saint John to the motorcoach market and to be used extensively by tour operators and tour brokers throughout North America and that the factors considered during the review of the proposals were film production experience of company, quality and content of the proposal, quality of demo tape and previous work; also advising that the proposal of Carota Films of Shediac, N.B., is by far the most detailed with regard to what this company suggests for this video and how the City should be projected in order to attract increased numbers of tourists and visitors to the area and that, although there is a difference of $6,335.00 between the lowest proposal and carota Films Ltd., staff's opinion is that the quality of product to be received warrants the additional cost, and recommending that the proposal of Carota Films Ltd., in the amount of $14,835.00, be accepted for producing a promotional video for the City's Tourism Department. Councillor Rogers proposed a motion, which was not seconded, that the City Manager's recommendation be adopted. ...... 210 On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the proposal of cHSJ- Television of Saint John, in the amount of $8,500.00, be accepted for the production of a promotional video. . (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) Councillor Rogers explained that it is her understanding, based on discussion with Ms. Huntington-LeBlanc, that Carota Films Ltd. can provide the City with the type of professionally-done, high-quality video presentation required to attract people to the City of Saint John and that the reason Carota Films Ltd. was selected over the Saint John firm is that its proposal was much more specific with respect to manhours, identification of location spots etc. Ms. Huntington-LeBlanc explained that, with respect to a reference to the size of Carota Films Ltd., this firm is the largest privately-owned production studio in Atlantic Canada and, referring to an observation that the Saint John firm could do as good a job as the Shediac firm, expressed the opinion that certainly the work which New Brunswick Broadcasting has done for the City in the past has been adequate and has met the City's tests and expectations; however, in view of what has been seen elsewhere, a need has been identified to improve on what the City has as good as it is and that it is staff's opinion that Carota Films Ltd. can deliver this based on its written presentation together with the video prOduction of which the quality is absolutely superb. Councillor Vaughan asked what was requested in the proposal call and, if given the same expectation, could the Saint John firm do the same job as the Shediac firm to which Ms. Huntington-LeBlanc replied that specifications were provided by the City and that carota Films Ltd. went further by offering ideas in terms of what the prOduction should entail and concepts for technical application and that Carota Films Ltd. has greater expertise. Councillor MacDougall asked if the four proposals met the specifications and if they are comparable to which Ms. Huntington-LeBlanc replied in the affirmative, and Councillor A. Vincent asked if Council could review the proposals of cHSJ-Television and Carota Films Ltd. to which Ms. Huntington- LeBlanc replied that the written presentations and video tapes are ~vailable. -I~ , ( V I . On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for one week so that Council can view the video tapes. Question being taken, the tabling motion was carried with Councillors Flewwelling, Gould, Knibb and Vaughan voting "nay". (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the chair. Councillor Schermerhorn re-entered the meeting.) J On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for motorized equipment be awarded in accordance with the recommendation contained in the submitted bid summaries. During discussion it was noted that no bids meeting specifications were received for one ride-on roller, therefore new specifications will be written and the tender recalled and Messrs. Sheridan and Robichaud commented on the need for the equipment and the specific equipment which will be replaced by same. Councillor A. Vincent suggested that consideration should be given to purchasing propane-operated equipment due to the potential monetary saving. . (The Mayor re-entered the meeting during the foregoing discussion and reassumed the chair.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that as recommended by the City Manager, the contract for the supply of asphaltic concrete mixes be awarded to the low tenderer, Standard Paving Maritime Limited, at the quoted prices, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. J?~ Councillor Vaughan asked the reason for a five-year contract as both of the tenderers are local which means that no major capital investment is required in order to establish a plant facility and why, if the prices of the three main components of these products increase yearly in any event, would it not be in order to contract on a yearly basis. Mr. Robichaud replied that it was not known at the time of the tender call who might be interested in establishing a plant in the City and that a five-year contract could entice someone to do so. Councillor Vaughan asked if there would be any problem in Council awarding the above tender on a one-year basis to which Mr. Barfoot, having explained the rationale for long-term contracts, expressed the opinion that it would be improper at this stage to award a one-year contract when the tender was advertised for a five-year contract. The Mayor asked what would occur in the event the price of components decreases to which Mr. Robichaud replied that the price would then revert to the 1987 ~l . -~ JI"'" 211 price. The Mayor expressed concern that new asphalt plants would not be interested in locating in Saint John as the City's approximate $5 million contract is tendered for five years while, if the contract were awarded on a one-year basis, new plants may be attracted to the area and Mr. Robichaud commented on the rationale for a five-year contract. . Question being taken, the motion was carried with the Mayor and Councillors Rogers, Schermerhorn and Vaughan voting "nay". On motion of Councillor Knibb ~ Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender of Galbraith Construction Ltd., in the amount of $5,750.00, be accepted for the demolition of the two buildings at 94 and 96 Rodney Street. 01 Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Highway Winter and Summer Maintenance Agreement, revised to January 1, 1987. . The Mayor asked the amount received in 1986 to which Mr. Robichaud replied that the approximate half-million dollars being recommended above is the amount which was received in 1986 and that increases from 1983 to 1986 were 9%, 5%, 4% and 3%, respectively, with no increase being recommended in 1987. Discussion ensued regarding the propriety of negotiating with the Province for a larger amount from that received in 1986 particularly in view of the anticipated increase in costs associated with highway maintenance and Mr. Robichaud advised that the costs were reviewed and that it is staff's opinion that they are fair and equitable for the work and that, having discussed this matter with the City Engineer in Fredericton, he is also of the opinion that the costs are adequate and that the City can live within the cost and recommended that, should Council wish to discuss this matter further, it should do so in Committee of the Whole. On motion of Councillor Flewwelling table. Seconded by Councillor Gould RESOLVED that the above matter be laid on the Question being taken, the tabling motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the city Manager concurring with the recommendation of the Acting Director of Planning and the Acting Assistant City Manager - Community & Economic Development in their submitted report concerning the matter of tax savings for historic properties, which was the subject of letters from the Mayor and the,Preservation Review Board to Council on January 5 and February 16", 1987, respectively, such recommendation being that no action be taken at this time concerning the Oregon proposal for tax savings for historic buildings and that any further action await the hiring of a heritage planner -- be received and filed and the recommendation adopted. . Councillor Rogers, a member of the Preservation Review Board, asked when the heritage planner will be hired to which Mr. Brown replied that it is anticipated that the heritage planner will be hired in April. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~I, Seconded by Councillor Knibb RESOLVED that the letter from the City Manager dvising that many mobile signs acquired by commercial enterprises are in violation of the Zoning By-Law as they are unsightly and frequently additional to the normally- ermitted signage on the property and the flashing lights and close proximity to the oad present unacceptable hazards to the drivers of cars; suggesting that, as there is large number of installations with similar violations, a public campaign is appropriate nd recommending that a program to enforce the sign provisions of the Zoning By-Law be pproved as follows:- (1) public advertisements in the City newspaper once a month for he next three months, (2) inventory of all City-wide sign violations, (3) staff meet ersonally with all property owners and attempt to obtain compliance with Zoning By- aw, (4) letter be sent to the owner of the property on which each sign is located as ell as to the sign owner and the subject of the advertisement, (5) second and third etters be sent as appropriate and (6) in cases where compliance is not obtained, the roperty owners be taken to court to have the sign removed -- be received and filed and he recommendation adopted. IL Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law umber C.P. 100-100 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 371 Manchester Avenue (L.R.I.S. Number 399675), containing 12.6 acres and located between Stewart Street and the CPR tracks, from "RS-2" One- and Two-Family Suburban Residential to R-IA" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be ffixed thereto. ~ ~ 212 The by-law entitled, "By-Law Number C.P. 100-100 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. . Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports ~I~ Your Committee begs leave to report that it sat on March 16, 1987, when there were present. Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager,(l) the freehold interest in Lot 1047 Brooks Ward, 64 St. John Street, be sold to the lessee, Reginald Daigle, for the price of $2,650.00, being 50% of the appraised value; and (2) the land to the rear of Lot 1047 and fronting on Minnette Street be sold to Reginald Daigle for the price of $650.00, with the transfers to take place June 30, 1987. I 2. Lot Karl That as recommended by the City 1036 Dukes Ward, 178 Queen Street, be Schmidt, for the price of $2,700.00, Manager, the freehold interest in sold to the lessee, the Estate of being 50% of the appraised value. 3. That as recommended by the City Manager, Alice Brown of Wilson Security be advised that the City is not interested in acquiring the property at 327 Charlotte Street. Saint John, N. B., March 23, 1987. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken~ the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the t' above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Councillor Knibb referred to a copy of the Committee of the Whole report of March 16, 1987 (copies of which were distributed to Council members immediately prior to this meeting) and asked why the recommendation concerning the City Market which was shown on the Council agenda as item 4 was removed therefrom as, in his opinion, the public should be aware of the proposed action in this regard. The Mayor replied that a proper presentation should be made in this regard and that such presentation will be made at the next meeting of Council at which time there will be a model of the City Market available. . Question being taken, the motion was carried. On motion of Councillor Knibb J"~ . ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, advising that,_ with respect to Common Council resolution of February 16, 1987, she shares the concern of the Council members in the need to fill the position of district medical health officer for the Saint John region as soon as possible; and assuring Council that the person hired will be capable of addressing the variety of issues throughout the region and that the Department's search is actively underway and the Minister hopes to be in a position to convey good news very shortly -- be received and filed. '.- / - Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the memorandum from Provincial-Municipal Council Inc. advising that Common Council resolution concerning the establishment of a taxi commission, which was submitted to the October 3-4, 1986 Cities of New Brunswick Association meeting, was . ~ ,..... 213 . referred to the Provincial-Municipal Council standing Committee on Legislation -- be received and filed and Council continue to pursue this matter through the normal political channels. Mr. Rodgers noted that an amendment to the Municipalities Act respecting taxi commission establishment is scheduled for presentation to the next session of the Legislature. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor MacDougall RESOLVED that the memorandum from provincial- Municipal Council Inc. advising that Common Council resolution concerning the establishment of a panel of trained arbitrators, which was submitted to the October 3-4, 1986 Cities of New Brunswick Association meeting, was referred to the Provincial-Municipal Council Standing Committee on Municipal Finances -- be received and filed and this matter be pursued with the Department of Labour. .1, Councillor Schermerhorn suggested that Councillor Flewwelling, a member of the Provincial-Municipal Council, should provide a teach-in for Council on the procedure followed with respect to such resolutions and Councillor Davis, a member of the Finance Committee at the Provincial-Municipal Council level, commented on the procedures followed by this CounciL Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Human Rights Awareness New Brunswick Incorporated regarding a method of investing the pension funds of the City of Saint John and its employees, advising that the directors of the organization are interested in whatever programs the City has to eradicate racism in Saint John and are prepared to discuss with Council the problems in South Africa which the people there and in Canada have in common -- be received and filed with appreciation. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned and that ,I~ Council meet in Legal Session. Question being taken, the motion was carried. ~4Ar 'rl: ~/wl C on Clerk . -/I~, ,>. 1 . ~. ~ 214 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of March, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. MCDevitt, Fire Chief;C. E. Nicolle, Director of Recreation and Parks; S. Bedford, Acting Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Levesque, Director of Communications and Public Relations; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I: -I~ Reverend Brett Robbe of Hillcrest Baptist Church offered the opening prayer. On motion of Councillor Rogers . Seconded by Councillor Schermerhorn RESOLVED meeting of Common Council, held on March 23, 1987, be that minutes of the approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Mr. D. Northrup and Amisk, the mascot for the Canada/United States Olympic Qualifying Soccer match to be held in Saint John on May 23, 1987, and following Mr. Northrup's comments on a recent visit to Bangor, Maine, in this regard, read a letter addressed to her attention from the Mayor of Bangor accepting the City of Saint John's challenge that, if Canada wins the May 23 soccer match versus the united States, the City of Bangor will fly Saint John's flag for a week thereafter, with the City of Saint John to fly the American flag if the united States wins the match, and putting forth an additional challenge to Saint John that,if the united States team wins, the week following the match will be declared City of Bangor Week in the City of Saint John and conversely, if Canada wins, Bangor will proclaim that week to be Saint John Week in Bangor. The Mayor advised that she and the Mayor of the City of Montreal, P.Q., have been chosen to officially open the National Arts' and Cultural Festival in Calgary, Alberta, on May 23, 1987; however, as, this conflicts with the soccer match, the City Manager will attend the opening in her stead. J Her Worship the Mayor read proclamations declaring the month of April 1987 to be Cancer Month and Volunteer Recognition Month in the City of Saint John. . Councillor Schermerhorn requested that the City Manager's report concerning group homes (which was considered in Committee of the Whole on March 23, 1987 and discussed further in Legal Session earlier this date), be added to the agenda for consideration at this meeting. The Mayor asked that her letter from the City of Campbellton and the City Manager's letter concerning the Saint John Port Corporation (copies of which were forwarded to Council members as information items), and a memorandum from provincial- Municipal Council Inc. (copies of which were forwarded to Council members and inadvertently omitted from the agenda), be added to the agenda for consideration at this meeting, and advised that the Committee of the Whole report of March 16, 1987 concerning the City Market, which is included for discussion at this meeting, will be the subject of a presentation by The Market Square Corporation as the last item at this meeting. I. .' .~. ~.:~ ~~' On motion of Councillor SChermerhorn . Seconded by Councillor Vaughan RESOLVED that the above-mentioned information items, the City Manager's report on group homes, and the memorandum from the Provincial-Municipal Council, be added to the agenda for consideration at this meeting. '( / . Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed to amend the conditions of the 1973 re-zoning of Prince Edward Square, 20 Prince Edward Street (L.R.I.S.Number 18275), to permit the addition of an enclosed loading dock and driveway, on the Prince Edward Street frontage, to replace the present New Brunswick Liquor Corporation loading door, as requested by The Hardman Group Limited, as agents for PIC Realty Canada Limited on behalf of Prince Edward Square" and that no written objections were received in this regard. . ~ "... 215 Cons~derat~on was g~ven to a rom t e P ann~ng A v~sory Comm~ttee recommending that Common Council not amend its resolution of May 8, 1972, respecting the loading dock which serves the New Brunswick Liquor Commission store at Prince Edward Square. . I Colleen E. Dunnington, Manager of Prince Edward Square, appeared in support of the above application and, having noted that the staff report to the Planning Advisory Committee is based on four basic components, suggested that the recommendation of the Committee is based on references which are inaccurate to some degree. Ms. Dunnington also suggested that the measurements of the proposed loading dock on the submitted plan of Prince Edward Street are slightly off and, having circulated to Council members a plan indicating the measurements, noted that the proposal is two-fold in that the Liquor Commission would like to enclose the existing loading dock, which consists of a concrete platform and canopy with nothing in between thereby leaving it open to the elements and posing a problem for the commission particularly during the unloading of tractor/trailers in harsh weather and, with regard to the City's concern about a weight problem with the addition of concrete blocks enclosing the platform and canopy, the company is prepared to address this issue by changing from concrete blocks to aluminum siding and studding; and, respecting the issue of the access driveway as shown on the plan circulated, a problem is created by the fact that the cabs of backed-in trailer/trucks remain over the sidewalk in an area which is adjacent to the side steps of Prince Edward Square, a fire hydrant, a bus stop and a pedestrian crosswalk in a school area and also the limited space often times results in tractor/trailers having to make several attempts to successfully back into the loading dock, and that a change in the access driveway from the right to the left side of the loading dock would accommodate an extension of the approach to the dock from 57 to 84 feet thereby allowing tractor/trailers to drive into and back up parallel to Prince Edward Square and be off both the street and sidewalk, which would result in greater safety to pedestriahs and reduce any traffic delays. ,I I The Mayor referred to the comments in the submitted staff report to the effect that the utility easement within which the loading platform is located contains a sewer line and hydro cables which run beneath the loading platform and that the addition of walls or structures to the platform will result in increased work and cost should the services beneath it need to be repaired and, in addition, there is the added possibility that the increased weight of the loading dock may result in damage to the underground services. Ms. Dunnington re-iterated that the applicant is willing to replace the concrete block with aluminum siding and studding thereby addressing the weight problem and suggested that the concrete platform would possibly have to be broken up in any event should emergency access be required to the utilities and there is a question as to whom would be responsible for the costs should this be required; however, the applicant, being the landlord, will assume full responsiblity for such costs. During discussion, Ms. Dunnington commented further on the proposed relocation of the access driveway which would eliminate the necessity of tractor/trailers driving across the front of the entry to the Prince Edward Square parking lot, advised the times of the three weekly deliveries to the Liquor Commission and also advised that local pubs, restaurants, etc. obtain their stock from the outlet in Grandview Industrial Park rather than from the outlet in Prince Edward Square as they did in the past. Mr. Robichaud, in view of Council queries respecting the underground services and the request for a revised plan in view of Ms. Dunnington's observation about the measurements on the submitted plan, advised that he would like to discuss this matter with the staff involved and report to Council. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week pending the submission of a staff report. Question being taken, the tabling motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a 12-acre parcel of land at 1816 Manawagonish Road (part of L.R.I.S. Number 396994), from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-1A" One-Family Residential classification, to permit the development of a subdivision of approximately 32 one-family lots, as requested by Mahogany Heights Developments Inc., and that no written Objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the 12-acre parcel of land at 1816 Manawagonish Road, being part of L.R.I.S. Number 396994 as illustrated on the map attached to the submitted staff report, be re-zoned from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-1A" One-Family Residential classification. ,I (Councillor A. Vincent withdrew from the meeting.) Mr. Alfred Brien, solicitor for Mahogany Heights Developments Inc., appeared in support of the above application and, in expressing the opinion that not only is there a need for the proposed development but that the development will be one which will fit in very well with the present area, requested Council's support of the application. ~ Mr. Brien, replying to Deputy Mayor Gould's questions, advised that it is the intent to sell the lots for between $32,000.00 and $35,000.00 and to carry out a three- phase project, the first phase consisting of the 32 one-family lots in this instance, phase two to involve approximately 50 lots and phase three to accommodate approximately 60 to 70 lots, with construction to commence, pending Council's approval of the proposed re-zoning, as soon as the subdivision plan is approved. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a 12-acre parcel of land at 1816 Manawagonish Road (part of L.R.I.S. Number 396994), from "RF" Rural and "RS-2" One- and TwO-Family Suburban Residential to "R-IA" One-Family Residential classification, be read a first time. ~ ~ 216 Read a, first time the by-law to amend the zoning By-Law of the city of Saint John. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 12-acre parcel of land at 1816 Manawagonish Road (part of L.R.I.S. Number 396994), from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-IA" One-Family Residential classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. I~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. 'I Question being taken, the motion was carried. Mr. Dan Adler, referring to a previously-submitted brief, addressed Council on behalf of residents of the Josselyn and Myles Subdivisions with respect to the establishment of a group home at 4 Josselyn Road, which was the subject of discussion at recent Council meetings, and asked what action, if any, has been taken with regard to (1) the amendment of by-laws to ensure that such proposals are referred to Council, (2) the request to the Premier and Cabinet to impose a 3-month moratorium on the proposed group home establishment and (3) the request for the City Manager to submit a report concerning the existing by-laws and related definitions. Mr. Adler noted that the Minister of Health and Community Services has denied any responsibility in this matter and suggested that, in view of Common Council being entirely responsible for the City by-laws, the responsiblity for this matter rests with Common Council. Mr. Adler referred to his March 9, 1987 presentation to Council and re-iterated that the residents are not suggesting that group homes be prohibited in residential areas but are simply saying that the definition of group homes must be clarified to ensure that other types of facilities, such as correctional institutions, are not allowed to be established under the pretext that they are classified as group homes as theHterm "group home" is being used incorrectly and that such facilities are, in fact, group care facilities which must be located in institutionally-zoned areas and further that the definition and terminology of group home was established in 1977, long before the creation of the Young Offenders Act, for the purpose of housing and rehabilitation of physically and mentally handicapped persons; therefore, the residents simply cannot understand the procrastination in making a ruling on this matter especially when it is so abundantly clear that such a correctional facility is so amply described in the Zoning By-Law under the definition of group care facility. Mr. Adler questioned the possibility that some Council members were well aware of the proposal long before the residents became accidentally informed and the propriety of the President of the John Howard Society addressing Council in closed session in view of his membership on the Planning Advisory Committee and expressed concern that the residents' interests are being jeopardized for the sake of other parties and that the residents are prepared, if necessary, to pursue any legal avenues available to correct this injustice. Mr. Adler concluded that, in addition to the arguments concerning the terminology being used to describe the facility as it relates to the existing City By-Law, the Municipal plan does not permit the establishment of open custody facilities in a residential development, at least not when the character ofa property is to be changed, which is unquestionably the case and noted that the Josselyn and Myles Subdivisions are comprised of single-family residential properties only, the majority of which are owner-occupied and that the residents are confident that it can be established without a doubt that the proposed facility consitutes a non-conforming use of the property concerned and requested Council's decision at this time. . :1 -~~. . I (Councillor A. Vincent re-entered the meeting during the foregoing remarks. ) The Mayor related Council's involvement in the matter of the proposed establishment of the facility at 4 Josselyn Road from February 20, 1987 at which time Councillor M. Vincent submitted a letter to open session in this regard to the March 23, 1987 Committee of the Whole meeting at which three resolutions were adopted following consideration of the City Manager's report dated March 13, 1987, the latter which will be considered at this meeting; commented on Council's action during the establishment of a group home on Douglas Avenue; and advised that she has had no reply to her letter of March 11, 1987 to the Premier who is the only person, along with the provincial Cabinet, who can stop the establishment of the facility in question as Council is unable to amend the Zoning By-Law retroactively. The Mayor concluded that staff does not concur with Mr. Adler's position in this matter on the basis that the John Howard Society has complied with the present By-Law, the Society was not required to advise Council nor the residents concerned of the proposed facility and that, although Council is concerned about the protection of residents, Council must also take appropriate action with respect to the young people who require assistance and that efforts are being made to attempt to find a solution to this problem. Jl . j II""'" 217 . I I r . I . ,J ,..- J~ . ~ During discussion the Mayor advised that, although Council anticipates receiving in Legal Session a report from the city Solicitor and that Council will consider a motion later in this meeting, this will not solve the existing problem; re-iterated that City staff is of the opinion that the interpretation of group homes in the Zoning By-Law is in order, and advised that she will contact the premier's Office on March 31, 1987 to determine what, if any, action has been taken in this regard. Mr. Rodgers re-iterated his opinion of 1985 that the definition of group homes in the zoning By-Law includes young offenders under the Young Offenders Act and, as indicated in Legal Session earlier this date, fuller consideration is being given to the development of the law since 1985 in Canada and the United States for a report to Council on April 6, 1987. Following discussion, the Mayor thanked Mr. Adler for his presentation. Consideration was given to a report from the City Manager commenting on the matter of group homes from January 1977 at which time Common Council amended the Zoning By-Law to define group homes, establish a separation requirement and permit them in all residential zones, a 1981 amendment to the By-Law which slightly adjusted the definition and a. 1983 amendment which changed the separation distance; stating that the proposed group home for Young Offenders on Josselyn Road complies with the Zoning By-Law; and recommending that, of the three options indicated, Council adopt option 3. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council establish a committee of volunteer group members and neighbourhood representatives to investigate and make recommendation concerning the process of introducing group homes as well as locational regulations 'which may be appropriate. Question being taken, the-motion was carried. consideration was given to a letter from Councillor Rogers concerning the matter of street lighting in Market Place West. Councillor Rogers advised that in October 1986 she requested through the lighting committee that additional lights be placed in Market Place as many tourists to the City on route the Princess of Acadia Ferry were sometimes rerouted because of signage and lights, and commented on a pilot project involving high-pressure sodium lighting of the Market place West area that The Power Commission of The City of Saint John will institute in late April and May and be completed by June. Councillor Rogers expressed appreciation to Mr. Barfoot and Messrs. J. Campbell and R. Burpee of the Commission for their efforts in this regard. Councillor Vaughan alked why staff, rather than a Council member, would submit a report of this nature to Council whereupon the Mayor replied that she was made aware of this matter through an inter-office memorandum and that it should not have been placed on the agenda in this manner. On motio~ of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the above letter from Councillor Rogers be received and filed. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the copy of the letter to the Mayor from the Mayor of Campbellton, N. B., expressing appreciation for the assistance provided to the Campbell ton City Council and its Housing Committee by staff members of the City of Saint John who provided information and by-law drafts -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager submitting a letter from the Saint John Port Corporation referring to the City Manager's letter to the Corporation with respect to the translation of "Saint John" to "Saint-Jean" on its letterhead and business cards; advising that the correction has been made to the Corporation's letterhead and that business cards are presently being altered to reflect the proper name and explaining that the previous cards were printed before the Corporation received official word on the translation of the City of Saint John's name -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Highway Winter and Summer Maintenance Agreement, revised to January 1, 1987. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the following tenders be accepted for printing tourist literature: (1) Centennial print of Fredericton, N.B., for 50,000 pocket guides, in the amount of $20,200.00; (2) Barnes Hopkins Ltd. of Saint John, for 10,000 Victorian Stroll brochures, 10,000 Prince William Walk brochures and 15,000 Loyalist Trail brochures, in the amounts of $1,120.00, $1,120.00 and $1,680.00, respectively; (3) Keystone Printing Ltd. of Saint John, for 75,000 lure ~ 218 brochures and 20,000 sailboat kit folders, in the amounts of $11,550.00 and $7,245~00, respectively; and (4) Merritt Press of Grand Falls, N.B., for 5,000 mailing labels, in the amount of $274.75. It was suggested th'at, in future, samples of the tourist literature should be submitted with the staff report in this regard. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, (1) the tender of Tractors & Equipment (1962) Ltd. be accepted for supplying a model G926 Caterpillar Loader at a cost of $77,018.46 and a contract be executed to take advantage of the seven-year total.cost option; and (2) the tender of Lounsbury Industrial Ltd., in the amount of $76,694.34, be accepted for supplyingaJCB model 1700B Loader Backhoe and that a five- year total cost agreement be executed. I Question being taken, the motion was carried. Read a letter from the City Manager submitting a report from the Director of Housing and Property Management relating to the GRIP application of Kennebecasis Investments Ltd., and recommending' that Council approve the GRIP application for Bon Accord Subdivision Phase Three Stage 1. I, - -"', On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the application of Kennebecasis Investments Ltd. for Bon Accord Subdivision Phase Three Stage 1, with the estimated grant to be $150,500.00 and that the Mayor and Common Clerk be authorized to execute the GRIP agreement. . Councillor Knibb noted that there is a slight error in the above amount whereupon Mr. Clark advised that, having discussed this matter prior to this meeting with Mr. Todd, Mr. Todd is not satisfied with the calculated grant amount and requested that Council table this matter for one week. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. I Read a letter from the City Manager advising that, with regard to Common Council resolution of February 16, 1987 approving the sale of land on Kierstead Road to Glenwood Construction, it is necessary to retain an easement to allow access for repairs or replacement of a sewer line located on the property which, in turn, requires a survey to accurately show the location of the easement and that the survey work will not be completed before the March 31, 1987 deadline for the closing date of the sale; also advising that Thomas Smith, the owner of Glenwood Construction, also wants the property sold to another of his companies, Glenwood Homes Ltd., both matters requiring a change in the said Common Council resolution. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that as recommended by the city Manager,Common Council resolution of February 16, 1987 concerning the sale of land on Kierstead Road to Glenwood Construction be amended as follows: (1) the closing date be changed from March 31,1987 to 30 days after filing of the subdivision plan by the City and (2) to provide that the property be sold to Glenwood Homes Ltd. rather than Glenwood construction. Question being taken, the motion was carried. The Mayor called for a motion to withdraw the Legal Session resolution. Ir , On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above-mentioned resolution be withdrawn from the agenda. Question being taken, the motion was carried. -/l. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 23, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- . j ,.. - 219 . (I, I . I . I J . l. 1. That as recommended by the City Manager, Council approve the following with respect to the 1988 World Chess Festival: (a) the appointment of Mr. John Reid as General Chairman; (b) the appointment of Mr. Kenneth Cox as Honourary Chairman; (c) the expenses from January 1, 1987 to May 15, 1987 in the amount of $65,000.00, including the engagement of Colt Sports Network Inc. to develop a video presentation at a cost not to exceed $15,000.00; (d) the submitted Global Budget; (e) the submitted organizational structure; (f) the submitted agreement with the Federation International des Eches (F.I.D.E.); and (g) the submitted proposal of Colt Sports Network Inc. that the City of Saint John become the Founding Sponsor of the World Chess Festival up to an amount not to exceed $150,000.00 consistent with our existing agreement. 2. That with regard to the request of Women's Symposium for financial assistance respecting an April 24-25, 1987 Symposium to be held in Saint John, a grant in the amount of $200.00 be approved. 3. That with regard to the request of the Human Development Council for assistance for the printing of a handbook entitled, "Reaching Out", the offer of McMillan Press, in the amount of $4,000.00 representing its cost only for printing 5,000 copies of the handbook, be accepted with appropriate recognition of the City's contribution to be acknowledged on the back cover of the handbook, subject to Councillor A. vincent negotiating with the union representing the employees of the said company. 4. That with regard to the request of Centre Communautaire Samuel-de-Champlain for financial support for the Eighth Acadian Festival to be held in Saint John from August 14 to 16, 1987, a grant in the amount of $700.00 be approved. 5. That as recommended by the City Manager, the following resolution be adopted, namely:- "WHEREAS the property at 129 St. James Street West (L.R.I.S. Number 365676) in the City of Saint John, N. B., is in an unsightly condition because of the bodies or parts of vehicles or machinery and the junk, rubbish or refuse on the property: AND WHEREAS Peter Martin is the registered owner of the aforesaid property at 129 St. James Street West: BE IT RESOLVED that Peter Martin is hereby required to remedy the unsightly condition by removing from this property all bodies or parts of vehicles or machinery and the junk, rubbish or refuse on the property within twenty (20) days after a notice by the Building Inspector of the City of Saint John is served upon him: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve notice on Peter Martin requiring him to remedy the unsightly condition by removing from his property all bodies or parts of vehicles or of machinery and the junk, rubbish or refuse on the property within twenty (20) days after service of the notice: BE IT FURTHER RESOLVED that the Building Inspector and such City of Saint John employees as he may require are hereby authorized to enter upon the property to remedy the unsightly condition in the event that Peter Martin does not comply with the notice referred to herein: BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a legal action to recover any costs the City incurs in remedying the unsightly condition in the event that Peter Martin does not comply with the notice referred to herein.". 6. That as recommended by the City Manager, (1) the land identified as L.R.I.S. Number 311189 on the northern side of First Loch Lomond be acquired from Mr. John S. Johnston for a price of $5,000.00, and (2) the City acquire the land on First Loch Lomond, shown as Parcels A and B on the subdivision plan of the Ella Mae Lackie property prepared by Kierstead Surveys Ltd. and dated July 2, 1986, (3) the City acquire the land shown as David Chamberlain on the same plan under the following conditions: (a) the purchase price to be $14,000.00, (b) Mr. Oswald Chamberlain and his wife be given a life interest in the building they are presently renting from the City at a monthly rental of $125.00 with Mr. Chamberlain to be responsible for all expenses associated with the property, including insurance and taxes and the life interest will include the land presently used for a garage and garden, such life interest to terminate if the Chamberlains move from the house, (c) the cost of any surveyor subdivision plans required for the life interest will be shared equally and (d) the transfer of title and granting of the life interest will take place within 30 days of the date the mobile home is moved and, in any event, before July 31, 1987. 7. disbanded it cannot services. That as requested by the Emergency Advisory Committee, the said Committee be on the basis that, because of economics and other factors, the Committee feels be effective at this time, and that the Committee members be thanked for their Saint John, N. B., March 30, 1987. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) "'lIIIl 220 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the . above report be adopted. The Mayor noted that Garry Kasparov, World Chess Champion, will be in attendance at the World Chess Festival in Saint John from February 15 to 21, 1988 and Mr. Clark advised that Colt Sports Network will be reporting to the city within a few weeks on the status of this event. Question being taken, the motion was carried. Seconded by Councillor Gould RESOLVED that section 2 of the above 'I , , On motion of Councillor Rogers report be adopted. Question being taken, the motion was carried. with regard to section 3, Councillor A. Vincent advised that as a result of negotiating with the union employees, the amount should be $3,500.00. On motion of Councillor Rogers .~I" ". -.... Seconded by Councillor Schermerhorn RESOLVED that with regard to the request of the Human Development Council for assistance for the printing of a handbook entitled, "Reaching Out", the offer of McMillan Press, in the amount of $3,500.00 representing its cost only for printing 5,000 copies of the handbook, be accepted with appropriate recognition of the City's contribution to be acknowledged on the back cover of the handbook. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above I ~ report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling - RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the submitted sub- division plan entitled "Anthony Estate Subdivision", dated January 29, 1987 and prepared by Hughes Surveys and Consultants Limited with respect to the extension of Anthony's Cove Road and (2) Council assent to the submitted subdivision plan entitled "Anthony Estate Subdivision", dated September 18, 1986, and prepared by Hughes Surveys and Consultants Limited with respect to the municipal services easement. I , . Question being taken, the motion was carried. >,'- On motion of councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, the sum of $816.00 be accepted as money-in-lieu of land for public purposes with regard to Spectrum Enterprises Ltd., 59 Park Street Extension. Question being taken, the motion was carried. . j ~ 221 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Recreation and parks Advisory Board advising that the Lancaster Minor Hockey Association will be hosting the 1987 Atlantic Purolator Cup Challenge at the Lord Beaverbrook Rink from April 2 to 5, 1987, and recommending that the City of Saint John subsidize ice time for the purolator Cup Tournament at the Lord Beaverbrook Rink, April 2 to 5, 1987, at the youth rate, which amounts to $1,200.00 -- be received a~d filed and the recommendation adopted. Question being taken, the moton was carried. I , . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Saint John Municipal Chapter of the Imperial Order Daughters of the Empire requesting Common Council to appoint more women to committees and to places of trust and responsibility in the city affairs -- be referred to the Nominating Committee for consideration. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letters from Judith Wilson and Chris and Marilyn Hughes requesting that no parking be allowed on Morrison Road during the winter months -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mr. J. A. Webb, Member of the Board of Directors of New Brunswick Association of English Speaking Canadians (Inc.), submitting a copy of a letter from Mrs. Dolores Cook of the Association regarding efforts to make the City of Saint John officially bilingual, expressing the opinion that the extra-ordinary cost of the City adopting a bilingual policy should not be kept from the taxpayers who will eventually pay for same and that the cost of the City being bilingual would serve no useful purpose, and suggesting that the City of Saint John be made unilingual -- be received and filed. Question being taken, the motion was carried. I With respect to the application of Holly and George Reicker for the re-zoning of property on Old Black River Road, Mr. Bedford requested that, should Council refer this application to the Planning Advisory Committee for a report and recommendation and authorize advertising for a public hearing, the property immediately abutting the Reicker property be dealt with in the same manner. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of Holly and George Reicker for the re-zoning of property on Old Black River Road, and the property immediately abutting the Reicker property, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 11, 1987. . Deputy Mayor Gould expressed concern that the addition of the property immediately abutting the Reicker property might delay the Reicker application process. Councillor A. Vincent asked the reason for staff's request to which Mr. Bedford replied that Old Black River Road near Goldsworthy Road has a zoning line approximately 500 feet from the road which was arbitrarily set and the lots adjacent to the subject site are deeper than 500 feet from the road which means that five properties in particular would fall logically into an ownership pattern which could be zoned in a similar way and that the above motion would provide an opportunity to review this matter. Question being taken, the motion was carried. J Councillor Vaughan asked if the adoption of the above motion might result in the Reicker property not being recommended for re-zoning whereas if it were pursued on an individual basis it might be recommended by the Planning Advisory Committee to which Mr. Bedford replied that the motion provides staff and the Committee with the opportunity to review the five properties concerned and would not affect a recommendation on the Reicker property and that he would anticipate no negative response from the neighbourhood on the basis that the area in which there are residents presently permits mobile homes. J The Mayor asked for a motion to add to the agenda the City Manager's report concerning property for a downtown tourist information centre (which was considered in Committee of the Whole earlier this date). On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned item be added to the agenda. Question being taken, the motion was carried. . ~ ~ 222 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the City lease the Ocean Hawk II from Market Square Development Ltd. under the following conditions: . (1) (a) the term to be for the period April 15, 1987 to October 31, 1987 inclusive; (b) the lease rental for this period to be $1.00 (c) the City would be responsible for the following: (1) hydro cost which will be metered separately and billed monthly (2) water and sewer charges to be billed separately (3) the cost of completing the annual maintenance of the fire alarm and sprinkler, such cost to be billed separately (4) cost of annual filter changes for air conditioning system which will ,be billed separately (5) janitorial services j6) insurance for contents (7) the City agrees to undertake the following improvements subject to approval of Market Square Development Ltd.:. (a) repair the roof which is presently leaking, (b) varnish all interior woodwork and complete miscel- laneous interior repairs, (c) scrape and paint the exterior and (d) construct all necessary counters and display units required for the proper operation of a tourist information centre, the estimated cost of these repairs being $10,000.00 (8) a contribution of $2,500.00 towards current property taxes, estimated at $7,500.00 per annum (d) Market Square Development Ltd. will be responsible for the following: (1) removal of the existing coolers and counter, (2) maintenance of the decorative pool, (3) security, (4) payment of all outstanding property taxes prior to the City taking occupancy and (5) fire insurance on the structure ~I '-' 'I . (2) that the operating budget of the Tourism Department be increased by $13,000.00 to permit operation of Ocean Hawk II as a downtown tourist information centre and that an amount of $10,000.00 be included in the Capital Budget for the required renovations: AND FURTHER that the City be given an option to lease the property for an additional five years under the same terms and conditions. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling I --' RESOLVED that the memorandum from Provincial-Municipal Council Inc. advising that the resolution regarding the existing system of municipal financing and the viability of regional municipal governments, which was adopted by the Cities of New Brunswick Association meeting of February 14, 1987, was referred to the provincial- Municipal Standing Committee on Municipal Finances -- be received and filed and Council pursue this matter independently. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the presentation of Mr. Dan Adler on behalf of residents of the Josselyn and Myles Subdivisions be received and filed. . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the city of Saint John The Committee of the Whole REPORTS .1 p- ~ Your Committee begs leave to report that it sat on March 16, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- (1) that Common Council approve in principle the concept and recommendations as set out in the Rehabilitation Study and Plan for the Saint John City Market; l 1. That the following recommendations of The Market Square Corporation be adopted, namely: (2) that the Corporation be authorized to proceed with the detail design for the scope of work included in the Report (subject to final negotiations with Brunswick Square on the pedestrian system); (3) that Council approve a further $200,000.00 (in addition to the $130,000.00 remaining from the 1986 approval) to carry out design work; and . J ,... 223 (4) that the Corporation meet with the City's capital budget committee so as to provide a recommendation for capital budget allotment for construction work in 1987, and at the same time, the Corporation proceed with detail. negotiations with the Federal and provincial Governments for funding: . AND FURTHER that Common Council reserve the right to undertake the said rehabilitation plan by phasing the various components thereof. Saint John, N. B., March 30, 1987, (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. .1 On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. I The Mayor welcomed to the Council Chamber Messrs. H. Meinhardt, Chairman; T. McGloan, Past Chairman; H. Stafford, J. Fitzgerald, Assistant General Manager, of The Market Square Corporation; R. Boyce of the architectural firm of Mott, Myles & Chatwin Ltd.; and L. Enright, Deputy Market Clerk. The delegation distributed copies of the City Market Rehabilitation Study and the Rehabilitation Plan, the former report summarizing the conclusions and recommendations developed with the assistance of the consulting firm of Marshall, Macklin, Monaghan, relating to the marketing, financial feasibility, management and operation of the City Market, the latter report having been prepared by Mott, Myles & Chatwin Ltd. and commenting on the rehabilitation Objectives, the Market building and pavilion, the leasing plan, City centre improvements, rehabilitation strategies and the cost estimate. . Mr. Meinhardt addressed Council regarding the involvement of The Market Square Corporation in developing and implementing a rehabilitation plan for the Saint John City Market, having been authorized by Council in 1986 to carry out interim construction work to ensure the continued operation of the Market while concurrently developing a rehab- ilitation plan for future work and, with respect to the former, noted that work on the Germain Street wall is complete and a new roof system has been installed on the Market, and commented on the terms of reference for the rehabilitation plan and the Corporation's activities leading up to this presentation. Mr. Boyce presented slides depicting the scope of the rehabilitation work being recommended to Council and Mr. Fitzgerald presented slides indicating the conclusions and recommendations contained in the submitted rehabilitation study, as well as details of the cost estimate and how the project might be phased. . Mr. Fitzgerald, responding to Council queries, advised that the presentation of the rehabilitation plan to the City Market tenants was generally well received; explained that, with respect to the phasing of the project, in 1987 it is anticipated that the complete work on South Market Street, at an estimated cost of $400,000.00, will be carried out,.. along with detailed design work on the Market building itself, some work on the South side of the Market and the installation of the foundation for the proposed extension for the Market onto South Market Street, and that, of the $1.1 million estimated cost, the City is being requested to provide $700,000.00 with the remainder being requested from the other two levels of government; in 1988, somewhat identical work as on South Market Street will be carried out on North Market Street, along with the majority of the remaining work on the Market building itself, the detail design of the pavilion and the link and approximately one-third of the underground wiring, with approximately $885,000.00 being requested from the City and $1 million from the other two levels of government; in 1989, the remainder of the work on the Market building would be completed, in particular the interior work, along with work on the pavilion and the link, the completion of Germain Street and the second third of the underground wiring, at an estimated cost of $1.6 million, with approximately $800,000.00 to be requested from the other two levels of government, plus the underground wiring from the Power Commission; in 1990, the pavilion and link would be completed, along with the underground wiring which is seen as all City work and, in 1991, the renovations to the offices in the Charlotte Street office building would be carried out which is also seen as city work. Mr. Fitzgerald commented on the suggested establishment of a board of governors to represent the City with respect to tenants, rentals, etc.; Mr. Clark made the observation that the rehabilitation plan is phased in such a manner that, if it is incumbent upon the development to be phased over a longer period of time if there are other City priorities in the uptown area, this could be exposed to Council for a decision at that time; the Mayor clarified that Council, at this time, is considering the approval of a concept for the rehabilitation of the City Market with the intention to complete the concept regardless of whether or not it is done within the five-year period or over a longer period of time should other projects become a priority; Mr; Clark confirmed staff's opinion that the manner in which the project has been phased can be accommodated within the five-year capital program while maintaining the window of fiscal responsibility; Mr. Meinhardt clarified that the display model of the City Market building shows an underground link to Brunswick Square, however, discussions are currently being held with the managers of Brunswick Square to determine the propriety of an underground link versus an overhead link; Councillor Davis, a governor of Heritage Canada, made the observation that the City Market building is a very simple, unfinished earth and wood structure which has existed for approximately 110 years and, although it is badly in need of repair, he cannot personally tolerate that the building is going to be reinforced and encased with glass and steel and that he regrets that Council is opting for a glass structure that is not only different from the old structure but is also difficult to build and maintain; and Messrs. Meinhardt and Boyce commented on the deletion of vehicular parking on North and South Market Streets in order to accommodate the extensions to the Market and the provision of loading/unloading zones thereon. ~ J .. ''\- -- . . Question being taken, the motion was carried with Councillor Davis voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~~~cfar~ ~ ~ 224 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of April, A.D. 1987, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, SChermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Acting Director of Community Planning; W. D. Todd, Director of Housing and Property Management;S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Levesque, .Director of Communications and Public Relations; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M'. Munford, Common Clerk; and C. Joyce Assistant Common Clerk. \1 ,--' -I Reverend David Genge of St. George's Anglican Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on March 30, 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor noted that, as indicated in the memorandum from the Cities of New Brunswick Association (copies of which were forwarded to Council members as an information item), the deadline for resolution submission to the May 1 and 2, 1987 Association meeting is April 10, 1987. Her Worship the Mayor extended a message of sympathy to the family of the late Mr. George S. Moses, a retired constable of the Saint John Police Force, who passed away on April 4, 1987. (Councillor A. Vincent entered the meeting.) ~. ! Her Worship the Mayor proclaimed the week of April 9 to 12, 1987 to be Polungo Days in the City of Saint John in recognition of the goals and objectives of PRUDE Inc. (Councillor Knibb entered the meeting.) Her Worship the Mayor advised that the City Manager has endorsed the efforts of City employees who are organizing relief for the flood victims throughout the Province, with the Red Cross to administer the distribution of the collected goods in the Perth/Andover area, and she suggested that Council should also endorse the City employees' efforts. On motion of Councillor Gould . Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John endorse the City employees' flood-relief efforts. Question being taken, the motion was carried. Her Worship the Mayor, in noting that she addressed a meeting at the University of New Brunswick in Saint John on April 3 with respect to the second decade of the Human Development Council, commented on the activities of the Human Development Council in the City. I The Mayor requested Councillor MacDougall to comment on his attendance at an April 2-3, 1987 workshop held by the N.B./P.E.I. Branch of the Canadian Public Health Association in Moncton on the subject. of AIDS, which was discussed by Council on March 16, 1987. , Councillor MacDougall advised that it became a~parent at the outset of the workshop, in view of its theme being "safe sex", that there was to be no voice for those who were of the opinion that a somewhat different method should be used to handle the situation and would have preferred to offset the theme with the theme "responsible sex", and asked if, in view of the fact that a teaching program on AIDS is being promoted and his doubt that the type of program being promoted would accomplish anything but would encourage promiscuity, the Mayor would call together the clergy of the community, the School Board and the principals of the high schools in order to put an approach forward which would be of assistance to the Department of Education and the local School Board. The Mayor agreed to attempt to hold such a meeting and requested Councillor /lacDougall' s attendance. . ~ II"""" 225 On motion of Councillor M. Vincent . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager (copies of which were forwarded to Council members as an information item) submitting a copy of an article entitled "Market square: -Downtown Economic Revival", which was written by George Schuyler and Michael Ircha, be added to the agenda. Question being taken, the motion was carried. On motion of Councillor M. Vincent ,I' Seconded by Councillor Knibb RESOLVED that the above-mentioned item be received and filed. Question being taken, the motion was carried. On motion of Councillor Vaughan If Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John express congratulations to Amy Vincent, David Allardice and Mark Lackie with respect to their participation in the North American Speedskating Championships. Question being taken, the motion was carried. Her Worship the Mayor commented on the 1987 Atlantic Purolator Cup Challenge held at the Lord Beaverbrook Rink from April 2 to 5, 1987 and commended the organizers of this event. . Councillor Knibb requested that the letter from the City Manager (copies of which were forwarded to Council members as an information item) submitting a report prepared by the Commissioner of Finance on the single-payment plan for the water and sewerage utility, be added to the agenda, and the Mayor asked that a grant request of the Participaction Challenge committee be added to the agenda. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above-mentioned items be added to the agenda. Question being taken, the motion was carried. ~I ""'" On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding the single-payment plan for the water and sewerage utility be received and filed. Question being taken, the motion was carried. Her Worship the Mayor advised that the Participaction Challenge committee requires a budget nf $3,800.00. On motion of Councillor Vaughan . Seconded by Councillor Knibb RESOLVED that a grant in the amount of $3,800.00 be approved for the Participaction Challenge committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I- <~- . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for automotive batteries be awarded as follows: items 1, 2 and 5 to Battery & Electric Service Ltd., and items 3 and 4 to Downey's Ltd., at the prices as indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Knibb l' Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Jordive Ltd., at the prices as indicated in the submitted bid summary, be accepted for providing black and white only T.V. inspection of sewers. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for sweeper brooms be awarded as follows: items 1, 3, 5 and 6 to Standard Machinery & Equipment Ltd., and items 2 and 4 to Frank Fales & Sons Ltd., at the prices as indicated in the submitted bid summary. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager submitting a report from the Director of Housing and Property Management regarding the GRIP application of Kennebecasis Investments Ltd. for Bon Accord Subdivision, Phase III Stage I, which was tabled at Council's last meeting in order to recheck the calculations, noting that the ~ " 226 initial grant available is calculated at $151,250.00, with the final actual grant to be available only upon completion of construction and assessment of a separate GRIP agreement, noting that Common Council authorized the execution of a subdivision agreement on March 2, 1987, and concurring with the Director's recommendation in this regard. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common. Council approve the GRIP application of Kennebecasis Investments Ltd. for Bon Accord Subdivision Phase III Stage 1, with the estimated grant to be $151,250.00, and that the Mayor and Common Clerk be authorized to execute the GRIP agreement. ~I . , The Mayor noted that staff will be submitting a full report to Council on the GRIP program. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to a query at the last meeting of Council on the ownership of a parcel of land under the Gilbert Street structure at Haymarket Square, the Provincial records show that the owner of the property is the Province of New Brunswick -- be received and filed and the Province be requested to improve the subject property. I =- Councillor A. vincent suggested that the Unsightly Premises regulations should be enforced. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager advising that the note to table 13.1 in By-Law Number c.P. 101-2, which was enacted by Common Council to amend the Building By-Law with respect to earthquake provisions of the National Building Code in order to protect Saint John citizens from an oversight in the 1985 edition of the Code pending the National Research Council's review of staff concerns, is no longer required as the amendments contained in the emergency amendment to the Code are satisfactory, and recommending that the Building By-Law be amended as described in the submitted copy of C.P. 101-4, which was prepared by the Legal Department. The Mayor noted that the above-proposed with the Community Planning Act, must be referred Committee for a report and recommendation. amendment, in accordance to the Planning Advisory ,- ~ On motion of Councillor M. Vincent ,:-" Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. Read a letter from the City Manager regarding the application of The Hardman Group Limited, as agents for PIC Realty Canada Limited on behalf of Prince Edward Square, for an amendment to the conditions of the 1973 re- zoning of Prince Edward Square, 20 Prince Edward Street, which was tabled following the public hearing at Council's meeting of March 30, requesting that this matter be tabled for two additional weeks until April 21, 1987 as more time is required to collect proper information. . On motion of Councillor SChermerhorn Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for two additional weeks until April 21, 1987. Question being taken, the tabling motion was carried. , lJ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-101 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 12-acre parcel of land at 1816 Manawagonish Road (part of L.R.I.S. Number 396994), from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-IA" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. '[' , . I - Y The by-law entitled, "By-Law Number C.P. 100-101 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. Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports ~ JI"'" 227 Your Committee begs leave to report that it sat on March 30, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. Vincent, and your Committee submits the following recommendation, namely:- . L That the proposal of CHSJ-Television of Saint John, in the amount of $8,500.00, be accepted for the production of a promotional video. April 6, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I' (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the above report be received and filed and the recommendation therein be adopted. I Question being taken, the motion was carried with Councillors Davis and Rogers voting "nay". (Councillor Schermerhorn re-entered the meeting.) On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the memorandum from Provincial- Municipal Council Inc. submitting a response from The Honourable Robert McCready, Minister of Transportation, to the resolution regarding suitable maintenance of landscaped areas of hi~hways, which was adopted by the Cities of New Brunswick Association on February 14, 19.87, such response indicating that, although the Department will do all it can with its available resources, it cannot allot any additional funds for this type of work until the budget has been adjusted accordingly, and advising that, if this response is not satisfactory, Council can direct its comments to the President of the Cities of New Brunswick Association be received and filed and Council pursue this matter with the Minister of Transportation. Councillor Vaughan suggested that the proposed Arbour Day Committee, when appointed, should be requested to submit a report to Council on the areas of the City which need attention and Councillor Schermerhorn suggested that specific areas should be identified in priority order for attention. Question being taken, the motion was carried. -I -' On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from Archdeacon A. E. L. Caulfield regarding the proposed changes to the City Market, expressing concern that further harm will result to King Street businesses if the skywalk system is extended to the City Market on the basis that.,i:t will draw more people away from the King Street area -- be received and filed with appreciation. Deputy Mayor Gould expressed the opinion that Archdeacon Caulfield has raised a very important subject and that, in view of the fact that Council would not want to take any action to reduce the business potential on King Street, this should be explored. Moved in amendment by Councillor Gould . Seconded by Councillor A. Vincent RESOLVED that The Market Square Corporation arrange a meeting with the merchants of King Street to fully explore the effect the roposed connection of Brunswick Square and the City Market will have on the business of King Street. l- The Mayor suggested that the entrepreneurs on King Street should ensure that their business establishments are accessible from South Market Street in order to attract the people coming from the City Market and expressed the opinion that the rehabilitation f the City Market presents an excellent opportunity for the businesses on King Street nd will assist in their growth. Councillor Knibb expressed opposition to the proposed mendment on the basis that he can see no particular purpose in inviting the King Street erchants to meet with the Corporation and that the uptown area of the City remains of riority concern. Discussion ensued during which time the Mayor noted that neither the ity, nor the Council, nor has she received any negative response to the City Market ehabilitation from the businesses on King Street and Deputy Mayor Gould clarified that he proposed meeting with the Corporation will provide the businesses with an opportunity o discuss, explore, and resolve any concerns and suggested that the businesses should be rovided with an opportunity to voice their comments and the Mayor suggested that this eeting would be for information purposes. 1- Question being taken, the amendment to the motion was carried with the Mayor Councillors Knibb and Schermerhorn voting "nay". Question being taken, the motion as amended was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the application .of K. L. Mallory nsurance Agency Ltd. for an amendment to Common Council resolution of June 18, 1973 with egard to the re-zoning of 93 Loch Lomond Road -- be referred to the Planning Advisory ommittee for a report and recommendation and that the necessary advertising be authorized in this regard, with the pUblic hearing to be held on May 11, 1987. Question being taken, the motion was carried. ~' ~ 228 On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the letter from Mrs. Deborah Henry of Morrison Road suggesting that the pUblic should be forced to move their vehicles from City streets to allow for proper snow removal -- be referred to the City Manager. . Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the letters from Mr. & Mrs. Gary Arthurs, Kenneth Baxter, Malcolm Baxter, David and Malcolm Lawson, Sean Marc, D. R. Shaw, James D. Shaw and Robert Shaw regarding the condition of Ragged Point Road and requesting road renovation -- be referred to the city Manager for consideration in the 1987 Capital Budget. 1 . ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the application of Ray S. Corscadden for an amendment to Common Council resolution of February 27, 1984 with regard to the re-zoning cif 341- Loch Lomond Road, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 11, 1987. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Flewwelling RESOLVED adjourned and that Council meet in Legal Session. that this meeting be Councillor A. Vincent questioned the necessity of meeting in Legal Session to discuss the City Solicitor's report on group homes in view of Council's request for information having been in open session to which the Mayor replied that the matter will be considered in open session on April 13, 1987 and that there has been another letter delivered to her earlier this date. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". ,- ~ ~A~ W 1/hA';/n.kd ommon Clerk t1 . I~- ~J- ( -l .- ~ JI"'" 229 John, on At a meeting of the Common Council, held at the City Hall in the City of Saint Monday, the thirteenth day of April, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, A. Vincent and !1. vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Nanager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; R. G. Riley, Chief of Police; R. !1cDevitt, Fire Chief; S. Bedford, Acting Director of Com- munity Planning; C. E. Nicolle, Director of Recreation and Parks; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; !1. Jamer, Director of Works Operations; J. Levesque, Director of Communications and Public Relations; J. Johnson, Building Inspector; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. !1unford, Common Clerk; and C. Joyce, Assistant Common Clerk. t Reverend Ramon Hunston of Calvary Tem~le offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on April 6, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor read a proclamation proclaiming April 15, 1987 to be Law Day in the City of Saint John. --I < ' Her Worship the Mayor commented on Council's establishment of an Economic Development Advisory Board to work with the City's recently-opened Economic Development Department, the Board's role being to stimulate new thought, to give direction and to establish priorities for the City's economic develo~ment efforts, and asked that this item be added to the agenda and the a~pointment of the following persons to the Economic Development Advisory Board be approved as follows: Lino Celeste, Walter Flewelling, Malcolm Baxter, Thomas !1cGloan, Donald Royal, Malcolm Somerville, Harold Stafford, Glen Carpenter and Ian Whitcomb, with Mayor Elsie E. Wayne, G. Forbes Elliot and City Manager Ronald Clark to serve on the Board as ex-officio members. On motion of Councillor Gould agenda. Seconded by Councillor M. Vincent RESOLVED that the above item be added to the Question being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor M. Vincent RESOLVED that the following persons be appointed to the Economic Development Advisory Board, namely:- Lino Celeste, Walter Flewelling, Malcolm Baxter, Thomas McGloan, Donald Royal, !1alcolm Somerville, Harold Stafford, Glen Carpenter and Ian Whitcomb, and that Mayor Elsie E. Wayne, G. Forbes Elliot and City !1anager Ronald Clark be appointed to serve on the Board as ex-officio members. ~, Councillor M. Vincent expressed the understanding that the above Board will address the matter of unemployment in the City, which was the subject of Common Council resolution of September 29, 1986 concerning the establishment of a task force in this regard, whereupon the Mayor noted that the terms of reference for the Economic Development Advisory Board will be submitted to Council for consideration at a later date. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the St. George's Church Girl Guides and briefly explained the Council meeting procedures. .~ The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 9A of the Municipal Development Plan by removing the Stage 2 designation with respect to a parcel of land containing approximately 83 acres (L.R.I.S. Number 326884), located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road, and (b) re-zoning the same parcel of land from "RS-l" One- and Two-Family Suburban Residential to "RR" Rural Residential classification, to permit development of a subdivision with minimum lot area of 1.25 acres and serviced by individual wells and septic tank, as requested by Mr. Thomas E. Secord, and that no written objections were received in this regard, with a letter from the applicant having been received. . Consideration was also given to a letter from the Planning Advisory Committee advising that the Committee considered the submitted staff report at its April 7, 1987 me~ting, such report including several options that are open to Council and recommending that the above application be denied as submitted; also advising that neither the applicant nor the Committee had sufficient time to examine all the options and that the Committee tabled the application for further consideration, and concluding that a recommendation should be available for Council's consideration at its April 27, 1987 meeting. ~ ~ 23U Having received no resoonse to her queries of whether there were persons present in the Council Chamber who wished to speak either against or for the proposed Municipal Plan amendment and re-zoning, the Mayor called for a motion in this regard whereupon Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, that the above matter be tabled pending a recommendation from the Planning Advisory Committee. . Discussion ensued during which time Councillor Knibb expressed the opinion that, as suggested in the submitted letter from Mr. Secord, an opportunity must be given ,to reverse the trend of young couples building their first homes outside the City boundaries where large lots are available at a reasonable price and noted that Mr. Secord's proposal is offering this opportunity, and the Mayor asked the reason for the lack of a recommendation at this time from the Planning Advisory Committee to which Mr. Bedford noted that Planning staff recommended to the Committee that Mr. Secord's application not proceed and that the Committee was not in a position to make a final decision at its meeting and tabled the matter. The scheduling of the Planning Advisory Committee's meetings was broached, as was the possibility of the Committee holding a special meeting to deal with this matter in order to submit a recommendation to Council at its April 21, 1987 meeting and Mr. Bedford confirmed the Mayor's observation that the Secord application has been before the Planning Advisory Committee on two occasions with the first occasion being during the public presentation orocedure at which time the Committee reviewed a preliminary staff report but made no decision, the second time being on the referral of Council to the Committee upon the expiration of the thirty-day period to allow for objections following the public presentation, the latter occasion being the only time the Committee has dealt with the application as part of the normal process, and discussion continued during which time the Mayor noted the presence in the Council Chamber of Mr. Thomas E. Secord and asked if, in view of the opportunity to address this application having already been provided with no response, Council wished to hear Mr. Secord's comments in favour of his application. lc I On motion of Councillor Gould . Seconded by Councillor Rogers RESOLVED that Mr. Thomas E. Secord be invited to address Council at this time. Question being taken, the motion was carried. Mr. Secord suggested that, when considering his application for a Municipal Plan amendment and re-zoning of the Loch Lomond Road property, some of the Planning Advisory Committee members did not have a plan of the subdivision available, which was not an oversight on his part as the plan was provided to the City sometime ago and should have been provided by staff to the Committee members at the April 7, 1987 meeting, and advised that, if his application continues to be delayed, the development will not proceed. Mr. Secord commented on his proposed subdivision and requested Council's consideration of his application so that he can proceed with the development. I'" Councillor Knibb, the mover of the above-proposed motion to table Mr. Secord's application pending the Planning Advisory Committee's recommendation, withdrew the said motion. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 9A of the Municipal Development Plan to remove the Stage 2 designation with respect to a parcel of land containing approximately 83 acres located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (L.R.I.S. Number 326884), be read a first time. . Discussion continued with respect to the possibility of the Planning Advisory Committee holding a special meeting in order to provide Council with its recommendation on April 21, 1987, and the propriety of Council proceeding at this time to enact legislation without the recommendation of the Committee, and Mr. Clark clarified that there are very significant aspects of this particular issue with respect to the Municipal Plan which, admittedly, is quite out of date, but the fact is that there is a number of servicing requirements and issues which need to be reviewed and requested that, should Council wish to proceed with the application at this time and on the basis that staff could accept a development of 18 or 21 lots in the area concerned, Council take a somewhat more circumscribed view of any subsequent applications until staff has an opportunity to present a policy to Council. Mr. Rodgers commented on the 30-day period provided by the Community Planning Act to the Planning Advisory Committee to respond to applications referred to the Committee by Council following which, if the Committee has not responded to Council's referral, the Committee is deemed to have approved the application and suggested that, if Council is considering extending the time period, it should be so stated in a motion along with the date to which it is being extended. ,[ r ' I , On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the above matter be laid on the table until the next Council meeting scheduled for Tuesday, April 21, 1987, for the purpose of allowing the Planning Advisory Committee to submit its recommendation to Council. . Question being taken, the tabling motion was carried with Councillors Gould, A. Vincent and M. Vincent voting "nay". j ,....- 23,1 On motion of Councillor Knibb . Seconded by Councillor M. vincent RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land containing approximately 80 acres (L.R.I.S. Numbers 413583, 413591, 413609, 413617, 413625, 413641, 413658, 413666, 413781, 414128, 414136, 414144, 414151 and 55005706), located between Gault Road and Highway #7, from "RF" Rural and R-1B" One-Family Residential to "RSS",One-Family Serviced Suburban Residential classification, to permit development of a subdivision containing over 100 lots for one-family houses with paved streets, City water and sanitary sewers but with open storm drainage and overhead power, telephones and cable television lines, as requested by Hughes Surveys & Consultants Ltd., and that a letter was received from Mr. Allan L. Dow on behalf of eleven area families as indicated on the submitted list of signatures, expressing opposition to the proposed re-zoning of the property for a one-family development, and that letters were received from David and Bet O'Toole and Ann and Rick Campbell, and Mrs. Malcolm Campbell for residents of the Gault Road and area expressing opposition not to the proposed development but to the proposed "ess" zoning classification for the area. ( Consideration was also given to a letter from the Planning Advisory Committee recommending that (1) a paecel of land containing approximately 80 acres (L.R.I.S. Numbers 413583, 413591, 413609, 413617, 413625, 413641, 413658, 413666, 413781, 414128, 414136, 414144, 414151 and 55005706), located between Gault Road and Highway #7, be re- zoned from "RF" Rural and "R-IB" One-Family Residential to "RSS" One-Family Serviced Suburban Residential classification and (2) the Subdivision By-Law be amended so that Schedule "c" designates this area west of Gault Road as a "possible area for "RSS" inside Stage One". . Mrs. Bet O'Toole of 259 Gault Road appeared on behalf of a number of area residents in opposition to the above application and, referring to her previously- submitted letter, advised that earlier this date she discovered that some of the information given out in this regard was incorrect; however, the confusion which occurred over this whole issue is important as it reflects the concerns generally which the Gault Road residents have over the proposed development. Mrs. O'Toole distributed to the Council members copies of a letter to area residents from the Planning Advisory Committee and noted that the subject line refers to the proposed Monte Cristo Park subdivision, Gault Road, and the letter deals with the application to re-zone the subject property from "RF" Rural and "R-.1B" One-Family Residential to "RSS" One-Family Serviced Suburban Residential classification, while the attached map indicates only the Gault Road as an "R-IB" zone ,which leads to the assumption that the application was to re-zone Gault Road to "RSS"; therefore, area residents presented briefs on this basis to the Planning Advisory Committee at which time the Committee did not contradict this assumption, despite the fact that Gault Road is not included in the proposed "RSS" zoning. Mrs. O'Toole noted that, although Gault Road is zoned "R-IB", it does not have the services which would be applicable to an area being considered for "R-IB" zoning, such as a paved road, curbs and sidewalks, etc., and expressed the opinion that an influx of 101 neighbours to the Monte Cristo Park development would greatly increase the flow of traffic thereby having an adverse effect on the chipsealed road which was npt constructed to accommodate the already-heavy traffic let alone the traffic which could come with the proposed development and expressed the opinion that, although residents of Gault Road pay comparable property taxes as in-City residents, their services are nowhere near the level of those in other areas. Mrs. O'Toole requested that Council consider the effect the proposed development would have on Gault Road and to take the opportunity to discuss ways to improve the condition of Gault Road which will be the gateway to the proposed Monte Cristo Park subdivision. J . Councillor Knibb suggested that the proposed development of the subject property should mean improved services to the Gault Road area to which Mrs. O'Toole re-iterated that Gault Road is not included in the proposed re-zoning and that the residents have been given no guarantee that the road will be paved; however, the residents are aware, as indicated in the above letter from the Planning Advisory Committee, that the present sewerage facilities for the existing houses in the area would be improved. Deputy Mayor Gould asked if the concerned residents have had an opportunity to discuss their problems with the developer to which Mrs. O'Toole replied in the negative. ~ Mr. Ivan Court of 2 Daryl Drive, speaking in opposition to the proposed re-zoning of the subject property, expressed concern about the proposed location on the main highway for a playground to which Mr. Bedford noted that the submitted plan is of a preliminary nature and that both the Planning Advisory Committee and Council will consider a sub- division plan again which will include details of the final location of a park and provision of sewers; and also expressed concern about the open ditches which are included in the proposed "RSS" zoning on the basis of the danger which such ditches might impose to children of the area, as well as with respect to the lack of sidewalks and sewerage services in the area. . ~ Mr. Donald Mazerolle of 317 Gault Road expressed opposition to the above application and suggested that, had the residents been provided with more information by the Planning Advisory Committee at the Committee meeting, there would not have been as much opposition; however, his main objections are with regard to the anticipated increase in traffic, and the possibility that the proposed "RSS" zoning will result in a devaluation of property in the area, not with regard to property taxes but in the market value of the property, and concluded that, unless the proposed "RSS" zoning can raise the standards of the area, he is opposed to the re-zoning. . Councillor M. Vincent asked if Mr. f1azerolle is of the opinion that the provision of an opportunity for a full discussion with the Planning Advisory Committee and the residents would have resulted in the resolution of part of the problems and whether or not Mr. Mazerolle would concur with the re-zoning of the area concerned to ~ ~ 232 "R-IB" rather than "RSS" to which Mr. Mazerolle replied that the provision of proper information at the Planning Advisory Committee meeting would have resulted in the residents having a much better feeling about the proposed re-zoning and that he did not think the residents would have any problem with the re-zoning of the area to "R-1B". The Mayor suggested that the residents should meet with Mr. Bedford in an attempt to resolve some of the concerns and Mr. Clark advised that he would undertake to ensure that a meeting of a committee of the area residents and City staff in this regard is held. . Mr. Allan L. Dow of 182 Gault Road appeared in support of the above application and advised that, although he is not in opposition to the proposed development, he has questions regarding the source of the water supply, the sewerage disposal and the effect of traffic on Gault Road. Mr. Dow.also advised that earlier this date he received a telephone call from Mr. Rick Turner.'of Hughes Surveys & Consultants Ltd. with the suggestion that a representative of his company or the developer would meet with the residents of Gault Road to discuss all questions and concerns in an attempt to come to an agreement or compromise in this matter fOllowing which a committee will be formed to meet again with the developer and Planning to prepare proposals for submission to Council. I Mr. Rick Turner of Hughes Surveys & Consultants Ltd. appeared in support of the application for re-zoning and advised that the property owner, Mr. Brian Neilsen, shares many of the same concerns of the area residents and that, upon the Planning Advisory Committee's suggestion, he has discussed the matter with several of the residents during which time he learned about a water pressure problem in the area, and noted that the sewerage and condition of Gault Road will be addressed.during the process of subdivision approval. Mr. Turner commented on the difference between an "R-1A" zoning and the proposed "RSS" zoning, the former which would allow approximately 200 lots on the subject property and noted that it is not the developer's intent to maximize the density but to create very attractive building lots in an "RSS" zoning the same as those being developed in the Millidgeville area by Blanchard Homes. Mr. Turner concluded that a citizens' committee and a meeting with his company as the representative of the developer is welcomed and that he is in favour of such a meeting prior to Council's. consideration of the third reading of the proposed zoning By-Law amendment. I . -' . Councillor Rogers asked the method of sewerage disposal in the area to which Mr. Robichaud replied that the present septic tank system at the back of the area is not a good situation and that it is hoped that this opportunity would be taken to correct the whole situation and Mr. Bedford added that staff is currently reviewing a comprehensive report on how to deal,with this matter and that any alternative will be much greater than a communal septic tank system which is now proposed and commented on the features of the proposed "RSS" zoning. Mr. Turner confirmed that it is the intent to hold a meeting with the area residents and Councillor MacDougall proposed a motion, which was seconded by Councillor A. Vincent, that this matter be tabled in order for these groups to meet and come back to Council having had more information available to them. The Mayor asked that the proposed tabling motion be held in order to determine if there are other persons in the Council Chamber who wish to speak in favour of the proposed re-zoning. Councillor Flewwelling asked if there is a possibility that access to the proposed development would be from Highway #7 to which Mr. Bedford replied that, in his opinion, access onto a provincial highway would probably be discouraged. /'I~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 80 acres (L.R.I.S. Numbers 413583, 413591, 413609, 413617, 413625, 413641, 413658, 413666, 413781, 414128, 414136, 414144, 414151 and 55005706), located between Gault Road and Highway #7, from "RF" Rural and "R-1B" One-Family Residential to "RSS" One-Family Serviced Suburban Residential classification, be read a first time. . On motion of Councillor MacDougall Seconded by Councillor A. Vincent RESOLVED that the above matter be laid /1 on the table. Question being taken, the tabling motion was lost with the Mayor and Councillors Gould, Knibb, Schermerhorn and M. Vincent voting "nay". Read a first time the by-law to amend the zoning By-Law of the City of Saint John. Question being taken, the original motion was carried with Councillors MacDougall, Rogers, A. Vincent and M. Vincent voting "nay". :1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 80 acres (L.R.I.S. Numbers 413583, 413591, 413609, 413617, 413625, 413641, 413658, 413666, 413781, 414128, 414136, 414144, 414151 and 55005706), located between Gault Road and Highway #7, from "RF" Rural and "R-IB" One-Family Residential to "RSS" One-Family Serviced Suburban Residential classification, be read a second time. . ...4 JI"'" 233 John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint -. Question being taken, the motion was carried with Councillors MacDougall, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Entitled 'A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John''', so that Schedule "C" designates the above area west of Gault Road as a "possible area for 'RSS' inside Stage One", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Entitled 'A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John"', Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Entitled 'A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John''', so that Schedule "c" designates the above 'area west of Gault Road as a "possible area for 'RSS' inside Stage One", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Entitled 'A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John'''. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Mr. Rolf Spangenberg, Chairman of the Participaction Committee, and Mr. Spangenberg commented on the activities planned for the May 27, 1987 Great Canadian participaction Day Challenge in the City of Saint John, the City of Peterborough, Ontario, having challenged the City of Saint John. ~ Her Worship the Mayor welcomed to the Council Chamber a member of the Ketepec Boy Scout Troop and the Scout Troop Leader. I Miss Dorothy Dawson of 368 Douglas Avenue addressed Council for the purpose of bringing to Council's attention the many positive aspects of the group home concept and some factual information regarding their history in Saint John, based on her tenure as a member of the community board which is responsible for the operation of these homes and as board chairman during which time she sat on the admissions committee which screens children before admission to any of the houses, as well as her membership on the Committee which expended many hours of time viewing properties in all parts of the City in an effort to find a location which was suitable for the purpose of accommodating six active children and the necessary staff to look after them and which was accessible to schools, churches and recreational activities as well as public transportation. Referring to a previously-submitted brief, Miss Dawson noted that, since the first house chosen by the Centre for Youth Care was located on Loch Lomond Road and remained there for more than three years without attracting any amount of attention, four other houses have been purchased through the years and have been helping children without incident, and presented statistics of the Centre or Youth Care group homes to August 1986 indicating that, of the 93 children assisted through these homes, 33 1/3% would have been classified as Young Offenders had the Act been in effect, 82.8% have had no contact with the law after discharge, 30.1% returned to their natural families, and 27.9% were discharged to either foster placements or independent living arrangements, with the recidivism rate in Saint John group homes being 17.2%. With respect to the concern expressed at recent Council meetings with regard to a possible decrease in property values and an increase in insurance costs and vandalism should group homes for young offenders be placed in residential areas, Miss Dawson advised that, although there is a group home on Douglas Avenue on which she resides, her insurance has increased only in proportion to the increased assessment, a real estate agent has advised that resales of houses in the area have not decreased in value and may well have increased, and recent media interviews indicate that vandalism has not happened. Miss Dawson referred to the recent study on youth unemployment carried out by the Province of Ontario by Mr. Ken Dryden in which the consequences to society as a whole are pointed out if the problems of youth are ignored and which highlights the group most at risk as the 16 to 18 year olds who are out of school and without the necessary skills to enter the workforce, and offered to serve on the committee to be established to assist in the location of future group homes in the City. Miss Dawson summarized her presentation by stating that group homes are, first, good for business in the City; 'second, they are a social concept which allow society as a whole to benefit; third, they provide much needed employment in the City, and group homes are not detrimental to any area; and requested all forward-looking, positive- thinking members of Common Council for their support of group homes. . ~ . Discussion ensued regarding the proposed committee, the establishment of which as authorized by Common Council resolution of March 30, 1987; Council's review of and research into the matter of group homes; an appropriate location for group homes whereupon it was noted that, in view of a Legal Session resolution respecting a proposed Zoning By-Law amendment, discussion at this time in this regard is not in order; whether or not rior discussion with area residents should occur prior to group home placement; and hether or not the concept of group homes has changed since the enactment of the Young ffenders Act; and the Mayor, in advising that the City Solicitor has instructed that further discussion should not take place at this time in view of the pending consideration f the said Legal Session resolution, thanked Miss Dawson for her presentation. ~ "'IIIIl 234 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honourable Michael Wilson, Federal Minister of Finance, concerning the tariff on English texts, noting that the duty-free status of books was restored effective February 19, 1987 -- be received and filed with appreciation. . Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Councillor Vaughan expressing concern about the parking facilities and fees charged for people visiting long-term patients in the Saint John Regional Hospital be laid on the table until the next Council meeting pending Councillor Vaughan's presence. I Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn I ~~ Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender in the amount of $1,350.00, as submitted by A & A Light Trucking, be accepted for the demolition of the building located at 39 Spar Cove Road (L.R.I.S. Number 46649), with staff of the Building Inspection Department to monitor the demolition to ensure compliance of the contract. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the low tender in the amount of $3,485.00, as submitted by Galbraith Construction Ltd., be accepted for the demolition of the building located at 429 Lancaster Avenue (L.R.I.S. Number 394924). Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that Brett Chev Olds Ltd. was unable to supply a 4 x 4 pick-up truck at a cost of $19,017.62 plus tax, which was included ina tender for motorized equipment awarded by Common Council resolution of March 23, 1987, and that Centennial Pontiac Buick, which was the second low bidder at a price of $19,628.77, is able to supply the truck as specified which would represent an additional cost to the City of $610.95 plus tax, which could be offset by the retention of Brett's bid deposit in the amount of $570.53. J'~ On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of March 23, 1987 awarding the tender for the supply of a 4 x 4 pick-up truck to Brett Chev Olds Limited be rescinded and that Centennial Pontiac Buick be awarded the tender for the supply of a 4 x 4 pick-up truck at a cost of $19,628.77 plus tax, and further that the bid deposit of Brett Chev Olds of $570.53 on this unit be retained. . (Councillor M. Vincent withdrew from the meeting.) Councillor Schermerhorn asked if the City Solicitor s'ees any problem with the above motion to which Mr. Rodgers replied in the negative based on his discussion with the Purchasing Agent. The Mayor concurred with Deputy Mayor Gould's observation that, on the basis that the experience of Brett Chev Olds Ltd. could have happened to any dealer, the bid deposit should be returned rather than retained. Moved in amendment by Councillor Gould /1 Seconded by Councillor A. Vincent RESOLVED that the above motion remain as stated except that the reference therein to retain the bid deposit of Brett Chev Olds in the amount of $570.53 be deleted therefrom. Question being taken, the amendment to the motion was carried with Councillors Knibb, MacDougall and Rogers voting "nay". I Question being taken, the motio~ as amended was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that in accordance with the recommendation of the City Manager and Fire Chief, a warrant be issued to Mr. Robert Pade for membership in the Saint John Salvage Corps and Fire . ~ JI"'" 235 . I I . ~ . ~ -~I . ~ Police, and further that the newly-elected officers for 1987 of the Saint John Salvage Corps and Fire Police be approved as indicated in the submitted letter from Mr. Harold Peddle, Secretary of the Corps, and that the members of the Corps be commended for their service to the community. (Councillor M. Vincent re-entered the meeting.): Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a resolution which was adopted in Legal Session of Council on April 6, 1987 as follows: "RESOLVED that the necessary steps be taken to amend the Zoning By-Law by deleting from the definition of group home the reference to family-like care and/or rehabilitation as it pertains to young offenders in residential zones, and that group homes for young offenders be added as permitted uses in all other zoning districts.". Councillor Schermerhorn proposed a motion, which was seconded by Councillor M. Vincent, that the above Legal Session resolution be adopted, and Councillor Knibb expressed opposition to the motion on the basis that it would appear to be a retrograde step to instruct staff to eliminate young offenders from residential areas where they belong and that, as advised by the City Solicitor in his report to Legal Session, such action, if challenged, would probably be struck down in court. Councillor Schermerhorn suggested that the committee of volunteer group members and neighbourhood representatives, the establishment of which was approved by Common Council resolution of March 30, 1987, should provide input in the above matter and suggested that the committee's review can be carried out concurrently with the Planning Advisory Committee's consideration of the matter whereupon the Mayor suggested that the motion should be to refer this matter to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized, with the public hearing to be held on May 25, 1987. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the proposed Zoning By-Law amendment to delete from the definition of group home the reference to family-lil:e care and/or rehabilitation as it pertains to young offenders in residential zones, and that group homes for young offenders be added as permitted uses in all other zoning districts, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard; with the public hearing to be held on May 25, 1987. Councillor Schermerhorn suggested that the Nominating Committee should be urged to proceed with the nomination of persons to the proposed committee, and discussion ensued regarding whether or not Council should await the committee's review of the matter prior to requesting the Planning Advisory Committee's report and recommendation and proceeding with a public hearing, as well as with respect to the practice in Fredericton and Moncton insofar as group home placement and the number of group homes is concerned. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table so that the committee to be appointed by Council can be given an opportunity to submit its report to Council on the matter of group homes and where they should be placed in the community, and that a deadline of July 1 be placed on the submission of this report. Question being taken, the tabling motion was lost, with Councillors Gould, MacDougall, Schermerhorn, A. Vincent and M. Vincent voting "nay". Councillor Rogers re-iterated her suggestion that the proposed committee should be given an opportunity to review the matter of group homes prior to the referral of the matter to the Planning Advisory Committee. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the above matter be referred to the proposed committee of volunteer group members and neighbourhood representatives for review and a report to Council. Question being taken, the referral motion was carried with Councillors Gould, A. Vincent and M. Vincent voting "nay". Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on April 6, 1987, when there were present Deputy Mayor Gould and Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That an amount of $25,000.00 be provided to Festival By The Sea - Festival sur mer, Inc., of the balance of $75,000.00 remaining in the total amount of $100,000.00 approved by Common Council resolution of October 27, 1986 with Festival By The Sea - Festival sur mer, Inc. to meet with Council on a monthly basis to discuss the status of funding for this year's Festival. 2. That as recommended by the City Manager, Council approve the submitted proposal of Cones Ice Cream to operate an ice cream kiosk in the Market Slip area for the months of May to October 1987. ~ 236 3. That as recommended by the Nominating Committee, the following appointments be made to the Arbour Day Committee, established by Common Council on March 23, 1987:- Lynn Perrin, Bob Arseneau, Jr., Jo Anne Claus, Norman Hatto, Randy Nelson, and Eric L. Teed, Q.C. . April 13, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the I .~ above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. I "-': Councillor Flewwelling asked if the operators of similar businesses within the Market Square complex are in favour of the proposed kiosk to which Mr. Clark expressed the understanding that there is no strong opposition on the basis of the trial period. Councillor Flewwelling asked if the kiosk is to be placed on the grassed area to which Mr. Barfoot replied that the kiosk will be placed on a hard surface adjacent to the grassed area. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land on Manawagonish Road shown on the submitted plan in the manner illustrated thereon, and also assent to one or more subdivision plans corresponding to one or more portions of the area shown as Phase I, on condition that construction trucks and equipment do not use the existing developed portion of Ridge Rowand that development starts from the Manawagonish Road end of the proposed Ridge Row, (2) Common Council assent to a subdivision plan showing the land for public purposes in the location shown on the submitted plan and (3) Common Council authorize the preparation and execution of a City/Developer subdivision agreement with Mahogany Heights Developments Inc. to ensure provision of required services and compliance with condition of approval. /l Councillor Rogers asked for clarification of the land for public purposes to which Mr. Bedford replied that such land is proposed in an area adjacent to lands which are already designated for public purposes and that it is anticipated in the future that the park for the total area would be centrally located. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of phase one of the land at 1100 Manawagonish Road shown on the submitted plan entitled ""Tentative Subdivision Plan - Hillcrest Village Subdivision", dated March 9, 1987, in a manner illustrated thereon, except for lots 10 to 14 and adjacent streets, and also assent to one or more phases of subdivision of the area shown on the said plan on condition that improvements to Scotiaview Drive be undertaken in conjunction with the development to bring the existing street to the standard of the new street and (2) Common Council authorize the preparation and execution of a City/Developer Agreement with.Hillcrest Village Inc. to ensure the installation of required services pursuant to the Subdivision By-Law. K Question being taken, the motion was carried. [ , ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision of land at 780 Sand Cove Road shown on the submitted plan entitled "Tentative Plan: Blue 'Heron Park Subdivision" dated March 27, 1987 in a manner illustrated thereon, and also assent to one or more subdivision plans corresponding to one or more phases of subdivision of the area shown on the said Tentative Plan. . Question being taken, the motion was carried. ~ JI"'" - r 237 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Saint John Fundy Region Development Commission Inc. advising that Commercial Properties has offered to purchase lot 85-2 (L.R.I.S. Number 286377) in Spruce Lake Industrial Park, one parcel of which is presently designated for development of a service road in the park to facilitate traffic from the in-park businesses, and requesting that Common Council officially close out this road to allow for this sale -- be received and Council authorize the necessary advertising for the proposed street closing. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from Lakewood Heights Home and School Association expressing concern over City staff's recommendation to postpone the second phase of the Lakewood Heights sidewalk project, having been told by the Engineering and Works Department that the sidewalks are a low priority which is a direct contradiction of Council's 1986 decision, and requesting Council's continued support in this endeavour -- be received and filed. The Mayor noted that the above matter was dealt with in the Capital Budget which will be considered in open session of Council at its next meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letters from area residents regarding the condition of Ragged Point Road and requesting road renovation -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the letter from Ronald and Barbara Chipman expressing concern about the lack of water and sewerage in the residence of Mr. and Mrs. Kenneth Chipman of 305 Sandy Point Road, and asking if there is anything which can be done to assist these senior citizens -- be referred to the City Manager. Question being taken, the motion was carried. ~l On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from Dr. Monica Mooney submitting two photographs of the sidewalk in front of residences on City Line in the block between Charlotte Street West and the top of the property referred to as the Mountain which depict the size of the snowbanks, and expressing concern with regard to the development of the Mountain property -- be received and filed. Question being taken, the motion was carried. . Discussion ensued regarding the announcement on April 10, 1987 by Th~ Honourable Gerald Merrithew, Minister of State for Forestry and Mines, during the presentation of letters patent to the Saint John Port Corporation, of the Federal Government's forgiveness of $4.3 million representing interest charges during the construction phase of the potash terminal, and the April 10, 1987 Polungo Day event in the City, and the Mayor noted that a delegation from Saint John will be in Ottawa, Ontario, on April 14, 1987, with regard to the proposed sugar tariff matter. Councillor Rogers expressed condolences to the family of the late Mr. Louis T. Vaughan, who passed away on April 10, 1987. On motion of Councillor Rogers ~' ,- ~ Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Louis T. Vaughan. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 72<l~n~o~~ . ~ " '\ ~ 2J8 At a meeting of the Common Council, held at the City Hall in the City of saint John, on Tuesday, the twenty-first day of April, A.D. 1987, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. vincent - and - Messrs. R. S. Clark,City Manager; N. Barfoot, Deputy City Manager; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; S. Bedford, Acting Director of Community Planning; W. D. Todd,Director of Housing and Property Management; R. G. Riley, Chief of Police; R.McDevitt, Fire Chief; J. C. MacKinnon, Commissioner of Environment and Infra- structure Services; S. Armstrong, Director of Engineering; C. E. Nicolle, Director of Recreation and Parks; W. Butler, Director of Water and Sewerage Services; M. Jamer, Director of Works Operations; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Levesque, Director of Communications and Public Relations; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Miss J. Creamer, Administrative Assistant to the Mayor; Mrs. ~[. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. -I " -,.' "I~ Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on April 13, 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor commented on action to be taken by the Saint John Dental Health Society,on behalf of the Canadian Dental Health Association, during April which is Dental Health Month in Canada; noted that a public meeting is scheduled for April 22 at the Lily Lake Pavilion to discuss opinions and concerns regarding the future development of Rockwood Park; and commended the members of the Saint John Port Development Corporation and the Saint John Port Corporation for their efforts in obtaining a new feeder container service between Saint John and New York, U.S.A. ,. Consideration was given to a letter from Councillor Vaughan, which was tabled at Council's last meeting, expressing concern about the parking facilities and fees charged for people visiting long-term patients at the Saint John Regional Hospital and recommending that the submitted copy of a letter from Dr. F. K. Stuart in this regard, be forwarded to the Board of Commissioners of the Regional Hospital for consideration. Councillor Vaughan noted that the stairs to the upper parking lot could pose a problem for elderly persons in particular and suggested that the Hospital Board should give a higher priority to parking than to landscaped areas. On motion of Councillor Vaughan . Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Vaughan submitting a copy of a letter from Dr. F. K. Stuart with respect to parking at the Saint John Regional Hospital be referred to the Board of Commissioners of the Saint John Regional Hospital. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the proposed 1987 Capital Budget, noting that figure 1 provides a summary of the Capital expenditures recommended for 1987 as well as a forecast of funds to be spent in 1988 and 1989, with the proposed Capital expenditure for 1987 for General Purposes being $7.6 million and expenditures totalling nearly $3 million proposed for the Water and Sewerage Utility; describing the following major issues on which crucial decisions are to be made by Council: (a) a renewal of the on-going Council commitment to the goals of a stable tax rate and avoidance of future debenture borrowing, (b) the first steps towards the new civic centre for Saint John, (c) a confirmation of the Council commitment to Central Business District Revitalization, with particular emphasis on the City Market, (d) future housing policy and associated incentives and (e) the achievement of stability in Water and Sewer Utility Rates; and also noting that the position today; including the civic centre, is virtually identical to the forecast of two years ago as a result of real estate sales being greater than budgeted and more capital works being financed from the,operating budget than previously anticipated. The report illustrates how it',is possible for the City of Saint John to contribute approximately $6.2 million to the civic centre, which represents approximately only 30% to 40% of the anticipated $15 to $17 million project costs, without any significant impact on the goals of tax rate stability or the need to issue further debenture debt after 1993; and explains the implementation strategy for the phasing and orchestrating of elements pertaining to the civic centre from April 1987 to April 1988 at which time Council will be in a position, during deliberations on the 1988 Capital Budget, to assess the status of the civic centre, including a reconsideration option should Federal, Provincial and/or private contributions not be forthcoming with the result of this option being that the City will have /r l' - ...... l~ . . . ~ JI"'" 239 expended approximately. $1 mlllion to acqulre acres 0 e an In own own Saint John. With regard to the revitalization of the Central Business District, the report notes that, in addition to funding for the start of the renovations to th~ City r1arket, including the reconstruction of South Market Street, funds are also provlded for the rebuilding of curb and sidewalk on the south side of King Square South, in front of the Rotary Admiral Beatty Complex and the Bi-Capitol Theatre and along the Charlotte Street frontage of the Beatty, as well as new concrete curbs and sidewalks and street resurfacing in the block between Charlotte and Sydney Streets; and also notes that provision has been made in the recommended Capital Program for the expenditure of $925,000.00 for Greater Residential Incentive Program (GRIP) grants and water and sewerage materials under the Subdivision By-Law mainly for projects approved in 1985 and 1986 which will be completed in 1987. The report advises that the 1987 Water and Sewerage Program has been struck at $2,974,000.00 to address those parts of the infrastructure which must be replaced or repaired while at the same time minimizing the upward pressure on rates and allowing the City to undertake preliminary work on the Lancaster lagoon; and also advises that, in the Transportation Capital Program, major street reconstruction projects include Charlotte Street West, Prince Edward Street and also Woodward Avenue, with Ragged Point Road programmed for grade improvement and chipsealing and Lakeview Drive for curb and sidewalk, and also provides for completion of the new operations building at Rothesay Avenue, the relocation of the present carpenter shop and site work, and that the Buildings and Facilities Capital Program includes funds for.upgrading of the executive floor in City Hall, together with necessary operational renovations'on other floors. The report further advises that the Recreation and Parks Capital Program includes finishing work on the Rockwood Park Golf Course, the upgrading of the main depot on Adelaide Street, Centennial Arenas at Simonds and Lancaster, and a program of upgrading the quality of various local sports fields throughout the City in support of the community baseball program; the Public Transit Capital Program continues the long-term fleet replacement program and the purchase of two new buses; the Water and Sewerage Capital Programs include the start of a program for modernizing the instrumentation and control equipment in the pumping stations and other facilities, and the installation of valves to control the pressure in the Glen Falls area, the replacement of a cross-connection vault on Loch Lomond transmission mains, and the completion of design for the Lancaster Sewage Treatment Plant; and recommends adoption of the submitted Curb and Sidewalk Policy which would require an additional expenditure of approximately $50,000.00. The report also advises that, having estimated and evaluated requests to Council for water and sewer extensions to Rothesay Road, Boylan Road, Flecknell Avenue, Grandview Avenue and Manners Sutton Road, the approximate $8,500.00 and $28,000.00 per housing unit is not considered economically feasible at the present time; and recommends that Council adopt the 1987 Capital Program as shown on the submitted Schedules lto 7, and further that Council adopt the proposed policy on curbs and sidewalks, and further that Council adopt the submitted recommendations with respect to the civic centre. . -I I f . Mr. Clark highlighted the 1987 Capital Budget proposal. On motion of Councillor Knibb ~I~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the 1987 Capital Budget, as shown on Schedules 1 to 7 as submitted, be adopted: AND FURTHER that as recommended by the City Manager, the policy on curbs and sidewalks be adopted as follows:- (1) all new sidewalks will be, constructed of concrete, (2) any total reconstruction of existing sidewalks will be of concrete, (3) in all cases, new curbing or reconstructed curbing will be constructed of concrete, (4) maintenance of concrete curbs and sidewalks will be performed with concrete, (5) maintenance of asphalt curb and sidewalk will be with asphalt, and (6) this policy does not preclude special curb and sidewalk surface treatment as approved by the City, for example, the Central Business District area: . AND FURTHER that as recommended by the City Manager, Council adopt the following recommendations with respect to the civic centre, namely:- (1) that the City of Saint John commit to undertake the construction of a new civic centre for Saint John, (2) that this commitment include (a) a three-year Capital financing package of $6.2 million commencing in fiscal 1987 and (b) the concluding of an agreement with CNR to purchase the Station Street property and the Water Street Grain Elevator site, at a total cost of approximately $1,075,000.00. /l Discussion ensued during which time matters were broached pertaining to the estimated cost per unit of extending water and sewerage services to various areas of the City; the expenditure of funds on the renovation of the City Hall building in the event the City may relocate upon expiration of its lease with the owner of the building; 'the anticipated funding from the other two levels of government and the private sector for the civic centre and Council's option to assess tpe status of the civic centre during its 1988 Capital Budget discussion, and the timing of the tender for the demolition of the grain elevator; and the Mayor commented on the anticipated establishment of three committees to solicit funds for the civic centre from the other two levels of government and the private sector. Question being taken, the motion was carried. J . \ On motion of Councillor MacDougall Seconded by Councillor Schermerhorn RESOLVED that the copy of the submission made to the Members of the Atlantic Caucus regarding the import tariff on raw sugar, the copy of the letter to the Mayor from the Director of the Atlantic Region of Statistics Canada regarding the 1986 population count of the City, and the memorandum from Provincial- Municipal Council Inc. respecting the drafting of resolutions (copies of which were forwarded to Council members as information items), be added to the agenda for consider- ation at this time. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the Synoptic Overview and ~ 240 ~ Supplement to the Official Presentation to the Tariff Board Hearing, December 2, 1986, submitted to the Members of the Atlantic Caucus by the City of Saint John and the Saint John unity Committee, April 14, 1987, regarding the import tariff on raw sugar -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the copy of the letter to the Mayor .from the Director of the Atlantic Region of Statistics Canada, advising that the 1986 final population count for the City has been established as 76,381 which compares with 80,515 in 1981 -- be received and filed. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the memorandum from Provincial-Municipal Council Inc. submitting guidelines for drafting of resolutions for submission to municipal associations -- be received and referred to the City Manager and Common Clerk. Question being taken, the motion was carried. Read a report from the City Manager regarding the application of The Hardman Group Limited, as agents for PIC Realty Canada Limited on behalf of Prince Edward Square, for an amendment to Common Council resolution of May 8, 1972, with respect to the loading dock serving the New Brunswick Liquor Commission Store on Prince Edward Street, which was the subject of a public hearing on March 30, 1987 and a subsequent report from the City Manager on April 6, 1987; commenting on the suggestion of Ms. C. Dunnington of Prince Edward Square that the submitted site plan was inaccurate, her reference to problems with exposure to the elements during transport unloading, the City's concern about a weight problem if concrete blocks were used to enclose the loading platform, and comparing the merits of the existing access versus the proposed access. The report concludes that staff will assist Prince Edward Square in any way possible to make the existing driveway function in a better manner which could include relocation of a fire hydrant with the costs associated to be assessed against the company; however, the concerns expressed by the Power Commission and other civic agencies with regard to an attached building structure over or near underground services should not be ignored; therefore, the proposed enclosure of the loading platform should not be allowed; and recommending that, in receiving and filing this report, the recommendation contained in the letter from the Planning Advisory Committee, dated March 25, 1987 and submitted to Council on March 30, 1987, be adopted. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above report from the City Manager be received and filed: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council not amend its reolution of May 8, 1972, respecting the loading dock which serves the New Brunswick Liquor Commission store at Prince Edward Square. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED by the City Manager, authority be granted for payment construction progress certificates, namely:- that as recommended of the following 1. North-South Arterial Paving Standard Paving Maritime Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Esimate Number 3, dated March 27, 1987 Final holdback release $581,935.00 543,685.90 Nil 462,133.01 $ 81,552.89 2. Provincially-designated Highways Standard Paving Maritime Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated April 1, 1987 Final holdback release $ 51,913.01 $367,100.00 346,086.73 Nil 294,173.72 . t I ,- . I' ~~ . 1 1- ,';.,..;.-./ . , ~ JI"'" 241 3. Central Business District The Power Commission of The City of Saint John Street lighting - Princess and Prince William Streets Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress $ 98,000.00 94,343.29 Nil 74,835.74 . Estimate Number 2, dated March 18, 1987 Final Payment $ 19,507.55 -I Question being taken, the motion was carried. I I On motion of Councillor Schermerhorn t Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for water meters be awarded at the prices as indicated in the submitted bid summary as follows:- items 1 through 6 and item 9 be awarded to Scepter Manufacturing Ltd. at the unit prices quoted for a total cost of $16,449.50, and that items 7 and 8 be awarded to Atlantic Liquid Meters Ltd. at the unit prices quoted for a total cost of $6,829.18. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that Scott Brothers Ltd. has requested the City to cost share in a storm sewer system in a commercial development on the corner of Loch Lomond Road and Hickey Road on property owned by Moose Mountain Farms Ltd. and that staff considers that the installation of the proposed storm sewer will improve drainage along Loch Lomond Road and Hickey Road and will be of benefit to the City; also advising that, although there is no formal Council authority dealing with cost sharing of commercial developments with the City, in similar cases, having reimbursed the developer for the cost of the sewer materials, staff recommends that the reimbursement be limited to the main storm sewer line only and that no costs be shared for catch basins and other secondary piping for the developer's parking lot, at an estimated cost to the City of $33,000.00; and recommending that the City reimburse the developer for the cost of storm sewer materials for the main storm sewer line only at an estimated cost of $33,000.00 -- be received and filed and the recommendation adopted. I, Mr. Barfoot cited occasions on which the City assisted a developer in the manner proposed above in response to the Mayor's concern that the proposed cost-sharing could set a precedent and confirmed that the storm sewer system will benefit the City. Question being taken, the motion was carried. The Mayor gave the following Notice of Motion: "I do hereby give Notice that I will at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution, namely:- 'RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say:- GENERAL FUND . Transportation Services 1 Charlotte Street $21,947; Sproule Road $10,861; Subdivision - Several $48,525; Buena Vista Avenue $13,659; Ellerdale Street $17,249; Germain Street $76,393; Harding Street $44,968; Hilyard Street $242,175; Lakewood Avenue West $104,397; Milford Road $39,561; .Old Black River Road $9,018; Queen Square South $31,357; Simpson Drive $65,714; Waterloo Street $11,942; Works Department Complex (North) $100,349; Prince william Street $315,084; Balmoral Crescent $24,058; Broadview Avenue $21,369; Brown Street $14,521; Carle Avenue $25,016; Carleton Place $30,959; Collins Street $32,848; Elliott Row $139,025; Fundy Drive $25,270; Golden Grove Road $28,758; King Street East $12,676; Lakeview Drive $168,711; Lancaster Street $37,678; Leinster Street $37,986; Maple Row $86,423; Marsh Creek $10,000; Pagan Place $15,158; Queen Street West $14,913; Rothesay Avenue $24,405; Sand Cove Road $35,074; Sydney Street $47,965; Third Street $41,765; Thornborough Street $17,594; Trinity Close $40,349; Wentworth Street $69,796; Sand Cove Road $57,988; Ashburn Lake Road $11,496 $2,225,000 Public Transit - Purchase of buses $430,000 L r1.; .. Environmental Development -Old Provincial Building $75,000 Recreation - Golf Course $600,000 Total General Fund $3,330,000 WATER AND SEWERAGE UTILITY Water System . Adelaide Street $78,570; Charlotte Street $203,000; Charlotte Street West $160,845; Delhi Street $19,975; Kennebecasis Drive $102,712; Leinster Street $13,319; Prince Edward Street $117,704; Prince William Street $106,116; Queen Square South $45,045; Regent Street $4,219; Rothesay Avenue $193,801; St. James Street $78,669; Shillington Road $16,173; Champlain Street >$72,603; Church Street Centre $38,735; Subdivision Materials $10,120; McAllister Industrial Park $200,928; Elliott Row $42,074; Germain Street $11,638; Golden Grove Road $7,945; Latimer Lake Intake $109,533; Maple Row $15,884; Bentley Street $17,995; Somerset Street Pumping Station $48,117; Service Box Renewal $66,288; Spruce and Latimer Lakes $26,364; Subdivisions - Storm Materials $11,628 -- $1,820,000 ~ ~ 242 Sewer System Adelaide Street $64,509; Carmarthen Street $14,869; Champlain Street $73,015; Charlotte Street $232,455; Maple Row $13,552; Charlotte Street West $100,879; Delhi Street $13,254; Leinster Street $11,540; Metcalf Street $18,540; Prince Edward Street $94,788; Prince William Street $51,765; Regent Street $14,337; Rodney Street $9,866; St. James Street $104,818; Shillington Road $18,262; Watson Street $26,779; Subdivisions - Storm Materials $6,859; Bellevue Street East $23,611; Bentley Street $55,209; Walter Street $10,050; Water Street $20,583; Church Street Centre $51,539; Germain Street $17,680; Holland Street $6,700; Leinster Street $5,305; Holdback on 1985 Contracts $11,461; ,Rayland Street $6,392; Westmorland Road $198,140; Lakewood Avenue, Forest H~lls $41,526; Local Drainage $22,696; Woodville Road $9,021 -- $1,350,000 . Total Water and Sewerage utility - 3,170,000 f Total for all purposes $6,500,000 THEREFORE RESOLVED that Debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $6,500.000. '''. Seconded by Councillor Knibb RESOLVED that the above correspondence I ~ ~ On motion of Councillor Gould be received and filed. Question being taken, the motion was carried. Read a letter from the Common Clerk advising 'that, following the procedure for amendments to the Municipal Plan, the necessary advertising and pUblic presentation regarding the submitted application of Shamrock Truss & Components Ltd. have been completed and that the required waiting period for objections expired on April 15, 1987, with no written objections having been received. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Shamrock Truss & Components Ltd. for a Municipal Plan amendment and re- zoning of property at 691 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 25, 1987. Question being taken, the motion was carried. I' ~"" ~ (The Mayor withdrew from the Council Chamber whereupon Deputy Mayor Gould assumed the chair.) Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of April 13, 1987, with respect to the Shuve matter. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that in the matter of the action between Edward A. Shuve and the City of Saint John, Arthur G. McDermott and Her Worship Mayor Elsie E. Wayne, Common Council hereby authorize the payment of $5,000.00 to Mockler, Allen & Dixon In Trust for Edward A. Shuve as full settlement pertaining to the wrongful dismissal action against the City of Saint John, with all other actions against the City of Saint John, Arthur G. McDermott and Her Worship Mayor Elsie E. Wayne being withdrawn and the necessary legal documents and releases being obtained and approved by legal counsel and the City Solicitor: . AND FURTHER that $30,000.00 be paid to Mockler, Allen & Dixon as a without prejudice payment in respect of solicitor's fees and disbursements and expenses borne by E. A. Shuve: AND FURTHER that the submitted letter from the City Solicitor, dated March 30, 1987, in this regard be made public. ~, '-- Councillor Schermerhorn asked if the above motion represents the least costly way for the City to resolve the issue in that it would likely cost the taxpayers more money in legal fees if the City proceeded with the case to which Mr. Rodgers replied that obviously in proceeding with the case there will be additional legal fees and that the City has been informed that, from this point forward, to take the matter to trial could represent a cost of $30,000.00 to $35,000.00 in legal fees and that, with regard to the outcome in court, this is not known and Council cannot be given one hundred percent assurance that an action of this nature would be dismissed outright; therefore, on that basis from a strict point of view with respect to costs to the City, the City is certain of incurring at least the expenses in relation to the settlement which is proposed above. Mr. Rodgers added that, from a business point of view, this must be a Council decision from a policy point of view and, from a strict legal point of view with which he is dealing, there is no assurance of the outcome and the City is faced with the fact that legal expenses are equivalent to the proposed settlement. Councillor Schermerhorn asked if settling in the proposed manner implies that the City is at fault to which Mr. Rodgers replied that it does not imply that the City is at fault but rather it is a settlement to avoid going to court and j . ~ JI"'" 243 incurring more costs with no certainty of the outcome in court. Councillor A. Vincent asked the amount expended to date with regard to this matter and the estimated cost of Mr. G. Lawson's services upon settlement to which Mr. Wilson replied that an amount of $99,378.00 in legal fees has been paid to date and that he does not have an amount of the bills yet to be received from the other solicitor; however, it is his understanding that there are more bills to be received and that final bills have not been submitted. Councillor A. vincent asked if, when this matter is settled, the correspondence of the case will be available to Council to which Mr. Rodgers replied that this request will be examined and the information which is supposed to be made available and that to which Council has a right will be made available. Councillor Knibb noted that the amount claimed in the above action was in the area of a half million dollars. Councillor Rogers expressed concern that the proposed settlement could possibly set a precedent for other such actions if other municipal employees are dismissed and Deputy Mayor Gould expressed opposition to the format of the above resolution in that it consists of two payments rather than one payment as had originally been proposed. The Common Clerk, at the request of Councillor Vaughan, read the above-mentioned letter from the Ci ty Solicitor. . -'I Question being taken, the motion was carried with Deputy Mayor Gould and Councillor Rogers voting "nay". I , (The Mayor re~entered the meeting and reassumed. the chair.) Consideration was given to a letter from the Planning Advisory Committee regarding the application of Mr. Thomas E. Secord for a Municipal Plan amendment and re-zoningof property at 2377 Loch Lomond Road, the public hearing for which was held on April 13, 1987, with no readings given in view of a tabling motion for the purpose of allowing the Committee to submit its recommendation to Council; advising that the Committee considered the matter at a special meeting on April 15, 1987 and recommending that the application be denied as submitted. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 9A of the Municipal Development plan to remove the Stage 2 designation with respect to a parcel of land located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (part of L.R.LS. Number 326884), be read a first time. ,I, , . Councillor Knibb noted that no objections were received to the proposed development of 21 lots, with the exception of staff's reservations concerning the servicing by individual wells and sewers to which ~1r. Clark confirmed that, should Council approve the above matter, staff could accept the development of the 21 lots; however, in recognizing that the Municipal Plan is 15 years out of date and that staff is moving to undertake a very comprehensive review of the Plan which will take time, there should be an understanding that there is an unofficial moratorium on further development until the new Plan is adopted. Councillor Davis, a member of the Planning Advisory Committee, expressed concern about the proliferation of areas in the City that have no central sewerage systems which could lead to contaminated wells. Mr. Clark re-iterated that staff could accept the proposed development of 19 to 21 lots; however, it would look askance at 100 to 200 additional lots in the immediate future. Question being taken, the motion was carried with Councillors Davis, MacDougall and Rogers voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 9A of the Municipal Development Plan to remove the Stage 2 designation with respect to a parcel of land located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (part of L.R.I.S. Number 326884) , be read a second time. By-Law" . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan Question being taken, the motion was carried. J, On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns r-zoning a parcel of land located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (part of L.R.I.S. Number 326884), from "RS-l" One- and Two-Family Suburban Residential to "RR" Rural Residential classification, be read a first time. l' ., - Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Davis, MacDougall and Rogers voting "nay". On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located on the northern side of Loch Lomond Road between Greenwood Street and riggs Road (part of L.R.I.S. Number 326884), from "RS-l" One- and Two-Family Suburban esidential to "RR" Rural Residential classification, be read a second time. ~ / ~ .~ ~ 244 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Davis, MacDougall and Rogers voting "nay". . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. r~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Donald Ring, an employee of the Water and Sewerage Department, in accordance with Section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. I ~_/ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Ronald J. Shannon, an employee qbhhhe Fire Department, in accordance with Section 9(1) of the City of Saint/~ension Act, the Board having been supplied with the required medical reports as to his permanent disability. . Question being taken, the motion was carried. Read a memorandum from Provincial-Municipal Council Inc. submitting a response from The Honourable Joseph Mombourquette, Minister of Labour, to a resolution of Council submitted to the February 14, 1987 Cities of New Brunswick Association meeting with respect to payment of wages and benefits to employees of companies which have gone into bankruptcy or into receivership, such response indicating that, although numerous representations have been made to the Federal authorities concerned requesting that they provide the necessary legislative redress for affected workers, the efforts have been unsuccessful and submitting a copy of a proposal prepared and circulated for broad public and private sector consideration by his Department which proposes to resolve this issue through amendments to the Employment Standards Act; and concluding that Council can direct its comments to the President of the Cities Association if this response is not satisfactory. ,J~ ~ -., c A motion was proposed by Councillor M. vincent and seconded by Deputy Mayor Gould that the above memorandum be received and filed with appreciation; however, Councillor Vaughan suggested that Council should pursue this matter and the Mayor suggested that the City should prepare a brief for submission to the Federal and Provincial Governments whereupon the proposed motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the above matter be referred to the City Manager for preparation of a brief for Council's consideration and subsequent submission to the Federal and provincial Governments. Question being taken, the motion was carried. Consideration was given to a letter from Thistle-St. Andrews Curling Club applying for the conditional re-zoning of its property (L.R.I.S. Number 371302) for use of the ice surface during off-season, requesting that Council extend the permitted use to include, during the period June 1 to October 1 of each year, but not be limited to, dances, dinners, dinner dances, fairs, product shows, sales, meetings and sports, subject to the stated provisions and conditional on Thistle-St. Andrews agreement as indicated, such added permitted uses to remain in effect from June 1, 1987 until June 1, 1997. " Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, that the above matter be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized for the public hearing subsequent to the receipt of the $100.00 filing fee for Section 39 re-zonings; however, such motion was withdrawn with the consent of the mover and seconder following discussion of whether or not the Club is requesting changes in the conditional re-zoning and Mr. Rodgers advised that, not having examined the matter, he is assuming there is a change, otherwise the matter would not be before Council at this time. ~~'I , On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Solicitor to determine if there are sufficient changes to warrant an amendment to the conditions of re-zoning. .~ -,t I , , I ~ JIll"" 245 Question being taken, the referral motion was carried. 'I Consideration was given to letters from Hughes Surveys & Consultants Ltd. and Mrs. Bet O'Toole for the residents of Gault Road, regarding the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property on Gault Road, the public hearing for which was held on April 13, 1987 at which time the first and second readings of a proposed Zoning By-Law amendment, as well as first and second readings of a proposed Subdivision By-Law amendment were given, requesting that the re-zoning application and third reading of the proposed Zoning By-Law amendment be tabled until further notice on the basis that attempts are being made to arrange a meeting with a citizens' group from the area to resolve matters of mutual concern and to discuss further the development proposal, following which the applicant and representatives of the citizens' group will be in contact with Council to resume the re-zoning process; .-. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property on Gault Road be laid on the table as requested by the applicant and citizens' group pending a meeting of those concerned in an attempt to resolve matters of mutual concern. I Mr. Clark confimed that staff will be participating in the proposed meeting and Mr. Rodgers confirmed that Council has six months from the time of the first advertising to consider the proposed Zoning By-Law amendment. Question being taken, the tabling motion was carried. . Councillor A. vincent expressed concern about the appearance of graffiti in public areas of the City and asked if there is any action which Council can take to ensure that graffiti is removed from these areas and the Mayor asked that a report be submitted to Council in this regard, as well as with respect to what action can be taken to control the placement of television satellite discs in the City. On motion of Councillor Schermerhorn Council meet in Legal Session. Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and that Question being taken, the motion was carried. /,~ VAT (,.f. V2'<~A CO on Clerk . --71 /1, . ~ ~ 246 At a meeting of the Common Council, held at the City Hallin the City of Saint John, on Monday, the twenty-seventh day of April, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor ~c. Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. G. Riley, Chief cifpolice;- T. Breen, Deputy Police Chief; R. McDevitt, Fire Chief; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I '" ,I .~ :..--' Reverend David Grey of St. Jude's Anglican Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Co unci 1, held on Tuesday, April -2J., 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 15th Portland Boy Scouts and briefly explained the Council meeting procedures, and read proclamations proclaiming May 1987 to be Red Shield Month of the Salvation Army, and May 3 to 9, 1987 to be Mental Health Week, in the City of Saint John. Her Worship the Mayor extended condolences to the family of the late Mrs. Jacqueline H. McKay, a retired Commissioner of the New Brunswick Division of. the Cariadiiom-Red Cross- Society, who passed away on April 25, 1987. -r -Y"'-..-. -. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mrs. Jacqueline H. McKay. Question being taken, the motion was carried. Councillor M. Vincent noted that May 3, 1987 is the Annual Journey For Sight Day of the Simonds Lions Club; Councillors MacDougall and Flewwelling commented on their attendance at the St. George's Society Annual Dinner on April 24, 1987; and Deputy Mayor Gould commented on the Pakistan Canadian Dinn~r on April 25, 1987. . The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to amend Section 550(2) (a) by adding a new clause to read "(iv) not withstanding (i) and (ii) above a tavern or cabaret may be located in Lansdowne Place (L.R.I.S. Number 370957) at 55 Lansdowne Avenue.", to permit the establishment of Portland Pub and Steakhouse, which would be licensed as a beverage room, as requested by Rujo Holdings Ltd.. and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory "' Committee recommending that Section 550(2) (a) of the Zoning By-Law be amended by adding a new clause to read: "(iv) not withstanding (i) and (ii) above a tavern or cabaret may be located in Lansdowne Place (L.R.I.S. Number 370957) at 55 Lansdowne Avenue.". J, Mr. Gregory Sinclair, solicitor for Sears Canada Inc., appeared in opposition to the proposed Zoning By-Law amendment; noted that, as indicated in the submitted memorandum from the Community Planning Department to the Plann~ng Advisory Committee, the Committee approved on November 12, 1986 the -~ 8,400 square foot addition to.Lansdowne Place; and expressed his client's concern that the rear of the proposed tavern will face Sears which means that deliveries of draft beer and cartage away of cases of empty beer bottles etc. will occur from the rear of the building; and, with regard to the proposed structure of the building rather than with its proposed housing of a tavern per se, expressed concern that the rear of the proposed structure will face Sears' main entrance to and from the mall as well as display windows which are located in that area to encourage the flow of pedestrian traffic primarily from the mall to Sears and vice versa, and that the construction of the proposed building in the location concerned will disrupt the view from the mall to Sears and vice versa thereby discouraging the flow of pedestrian traffic. pl . ~ I""'" ~ 247 Councillor Flewwelling expressed concern that the proposed establishment will add to the already-inadequate vehicular parking problem and asked the distance between the proposed structure and Sears and Mr. Bedford clarified that the subject of the proposed re-zoning is not the location of the building as the location was approved by the Planning Advisory Committee in November 1986 through a variance procedure and that the proposed amendment concerns only the location of a bar operation and added that Mr. Sinclair's concerns are very well taken and, in fact, the Planning Department dealt with these issues last fall with Sears' Head Office which is located in Toronto, Ontario, and that the file indicates that in October .1986 Sears was not objecting to the location of the building and, during the Planning Advisory Committee's consideration of the matter in November 1986, there was no representation from Sears at the meeting. with regard to the distance of the proposed Portland Pub and Steakhouse from Sears, Mr. Bedford advised that there is approximately 100 feet between the two establishments, and Councillor Davis, a member of the Planning Advisory Committee, noted that the location of the building approved by the Planning Advisory Committee is parallel to the front of Sears and that the garbage from the four establishments to be placed in the building will be removed from the end of the building. Mr. Bedford confirmed that a licensed restaurant could be located in the building; however, the owner of the proposed steakhouse wants to sell draft beer which, requires a tavern operation, and Mr. Sinclair confirmed that his client is objecting to both the proposed tavern and the location of the building. The Mayor asked the hours of operation of the proposed tavern and Councillor MacDougall asked if Sears was advised of the proposed tavern to which Mr. Bedford replied that notice is given to owners only and, upon contacting Sears directly, representatives of Sears met with staff regarding the proposed building; however, being in Toronto, Sears received the written notification of the Committee last week and was unable to attend the Committee meeting and did not respond and that, based on his conversation earlier this date with Sears of Toronto, representatives of the company became aware just recently of the proposed By-Law amendment. . I I' (Councillor A. Vincent entered the meeting during the foregoing discussion.) . Mr. Martin Fineberg,solicitor, appeared on behalf of the applicant in favour of the proposed Zoning By-Law amendment, and explained that Rujo Holdings Ltd., having entered into an agreement to lease, ultimately to enter into a formal lease with the owners of the property, a smaller portion of the entire building in order to establish the Portland Pub and Steakhouse and that, in order to allow the establishment to serve draft beer, a Zoning variance is required to meet the Liquor Licensing law. Mr. Fineberg expressed the understanding that, of the four tenants 4,600 square feet of the total 8,400 square feet. With regard to accessibility and deliveries to Rujo Holdings Ltd.'s establishment, Mr. Fineberg advised that deliveries will occur once a week and will be of approximately 15 minutes duration with the collection of empty bottles to occur probably on the same day which would mean approximately 15 minutes toone-half hour a week for both delivery and collection; all contents of the business will be stored on the inside of building; and that there is a garbage pick-up area at the end of the building. Mr. Fineberg suggested that the approximate delivery and collection time concerned is minimal particularly in view of the proposed clothing store which would more than likely involve substantially more deliveries with larger trucks, and also suggested that the proposed landscaping to be done by the owners of Lansdowne Place will serve to beautify the area and still form as part of the connecting space between the Sears' side entrance to the existing Fairview Plaza where the other stores are currently located. Mr. Fineberg noted that Sears has four main entrances and the proposed building, in relation to the side entrance which would still have parking room available, would not affect Sears in the fashion to which Mr. Sinclair suggested. Regarding the hours of opening, Mr. Fineberg advised that the establishment would be open for business an hour after the stores in the mall close; therefore, if the mall closes at 5:30 p.m. on a Saturday, the business concerned would close at 6:30 p.m., and noted that the object of the operation is not so much to serve draft beer or beer without meals to people but rather to serve a good steak, create jobs and open another business in the city. I. , , . Councillor Flewwelling expressed opposition to the opening of another tavern in the City. Councillor M. Vincent noted that other malls in the City have liquor licensed establishments therein and asked how the proposed structure relates to the esthetics of other buildings in the mall, the latter to which Mr. Fineberg expressed the understanding that the proposed steakhouse is to have one-way glass windows with visibility from the inside to the outside only; however, with respect to the main structure of the building, he has been assured by the owner that it will be of high-quality and pleasant to the eye. During discussion Mr. Fineberg advised that Rujo Holdings Ltd. owns and operates J. R.'s Beverage .Roomat the Brunswick Square end of the pedestrian walkway, commented on the applicant's business experience and advised that twelve to fifteen people will be employed in the steakhouse. ~l On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns amending Section 550(2) (a) with regard to Lansdowne Place (L.R.I.S..Number 370957) at 55 Lansdowne Avenue, be read a first time. ,~ ohn. Read a first time the by~law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning y-Law of the City of Saint John, insofar as it concerns amending Section 550(2) (a) with egard to Lansdowne Place (L.R.I.S. Number 370957) at 55 Lansdowne Avenue, be read a second time. ~ ~ 248 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. I Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A of the Municipal Development Plan the properties fronting on the north side of Dever Road, between 1010 Dever Road and the N.B.E.P.C. right-of-way, from Heavy Industrial to Low Density Residential classification, to permit the re-zoning of a portion of the Dexter' Construction Company Limited property at 864 Dever Road from "R-IA" One-Family Residential to "I-I" Light Industrial and "R-4" Four-Family Residential classification and to bring into conformity with the Municipal Development Plan the zoning of various properties fronting on Dever Road, as requested by Dexter Construction Company Limited. , ~' Notice had been given to Imperial Investments Limited, Owner, a body corporate, with Head Office in the County of Halifax, Province of Nova Scotia and Dover Mortgage Corporation Limited, Mortgagee, a body corporate with Head Office in the County of Halifax, Nova Scotia, to appear at this meeting to show cause, if any, why the vessels and structures located near Fallsview Drive (L.R.I.S. Number 33084) in the City and County of Saint John, should not be removed or destroyed as dangerous and dilapidated vessels and structures. . Mr. Johnson requested that, due to an error in the notification pursuant to Section 10(3) of the Saint John Building Act which was discovered upon preparation of the submitted report to Council, this matter be withdrawn from the agenda. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be withdrawn from the agenda. The Mayor asked when the above matter is to be resubmitted to Council to which Mr. Johnson replied that the advertisement is prepared for two weeks' time. I j;,. '~..:.. Question being taken, the motion was carried. Her Worship the Mayor advised that Mr. Fred B. DeWitt has requested that his presentation with respect to fencing at Lancaster Arena parking lot be withdrawn from the agenda as he would like to appear before Council on May 11, 1987. Read a letter from Councillor MacDougall requesting that the Mayor call a meeting of representatives of South End organizations to familiarize the residents with the City's future plans for the area and to give the residents an opportunity to discuss any local problems, due to the fact that Council is making recommendations for infill housing, parking changes and the demolition of the grain elevator. . The Mayor asked if it is Councillor MacDougall's intent that the groups request through the City Manager to discuss such matters, noted that the Saint John Parking Commission has been dealing with residents of the South End in an attempt to obtain off-street parking areas and that, with regard to the demolition of the grain elevator, this matter will be made public as soon as an agreement with CN is finalized; however, if the residents concerned want to request through the City Manager's Office to meet with Council, Council would be pleased to meet with them. Councillor MacDougall expressed the opinion that such a meeting would provide for an exchange of information and it is worthwhile to keep the people in the area informed of the City's plans and added that he would be pleased to provide the Mayor with the names of persons to contact in this regard. Councillor Schermerhorn suggested that, as the City is always seeking the province's co~operation, the Minister of Health and Community Services should be. included in such a meeting, and discussion ensued regarding an appropriate forum for such a meeting. I-~ ~. ;;~'- On motion of Councilor MacDougall J- The Mayor suggested that the above meeting could be held either in the Council Chamber or the 8th floor boardroom of city Hall and Mr. Clark offered to provide whatever assistance possible to improve the communication and general understanding. . Question being taken, the motion was carried. ~ """" 249 On motion of Councillor Schermerhorn I Seconded by councillor Flewwelling RESOLVED that the letter from the City Manager advising that, with regard to Council's request of April 21 during discussion of the 1987 Capital Budget for information on the job creation aspects of the Budget, it is calculated that there are 6,700 man weeks of work to complete the various projects in the Capital Budget for 1987 and, in addition, if the housing incentives of GRIP and subdivision cost- sharing are fully taken up by the private housing market, this will create 6,000 man weeks of housing construction, and concluding that the Capital Budget will result in the creation of up to 250 jobs in the local area this year -- be received and filed and that a copy be forwarded to the Economic Development Advisory Board, the Saint John Construction Association and the Unity Committee. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that four of the ten companies which responded to the tender for the supply of uniform clothing for the Police and Fire Departments for the year 1987 did not submit the required bid deposit and have not been included in the submitted bid summary and that those items for the Police Department have been forwarded to the Board of Police Commissioners for consideration; submitting a bid summary which includes only those items to be purchased for the Fire Department and recommending that the tender for Fire Department clothing be awarded as follows:- items No.1, 2 and 3 to Fairville Dept. Store, at the total costs of $2,842.00, $2,436.00 and $2,598.40, respectively; items No.4, 5 and 6 to R. Nicholls Dist., at the total costs of $2,191.50, $1,966.50 and $440.00, respectively; item No.7 - no award be made due to a change in the City's safety requirements after the tender was issued; item No. 8 to Fairville Dept. Store at an approximate total cost of $1,780.00; item No. 9 - no award be made as the only bidder did not meet the tender requirement of having local facilities to carry out measurements and alterations; item No. 10 to Fairvil1e Dept. Store, at a total cost of $2,670.00; item No. 11 to R. Nicholls Dist., at a total cost of $1,150.50; and items No. 12 and 13 to Nicholas Simon, Clothier, at a total cost of $2,000.00 -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) .1, Read a letter from the City Manager submitting a summary of the tenders received in response to the public tender for the supply of petroleum products from May 1, 1987 until April 20, 1988, suggesting the following options: (1) award the tender to the lowest bidder in each instance which would mean that five companies obtain a share of the business, at a total cost of $1,151,883.00, (2) award the entire contract to one supplier which would be Petro-Canada at a total cost of $1,152,515.00, which represents an additional cost to the City of $632.00, or (3) award the entire contract to the second lowest bidder, namely, Irving Oil Co. at a total cost of $1,195,724.00 being $43,209.00 or 3.75% higher than option (2); advising that the administrative costs associated with ordering, receiving, invoicing and cheque writing if option (1) were adopted would be substantially higher than the dollar savings of $632.00 thereby making this option unacceptable, and that option (3) is included to provide information on the basis that Council, each year when considering this contract, is concerned about the position of Irving Oil Co.; and recommending that the contract be awarded to Petro-Canada Inc. as indicated. On motion of Councillor Vaughan . Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the contract for gasoline and oils from May 1, 1987 until April 20, 1988 be awarded to Petro-Canada Inc. at the prices indicated in the submitted summary,subject to the terms and conditions of the tender call. ], Deputy Mayor Gould asked where Petro-Canada Inc. 's products are refined to hich Mr. Hanlon replied that he is not aware of the refinery's location and expressed the understanding that the Company has storage tanks in Saint John from which the products ould be supplied. Deputy Mayor Gould asked if the tender indicated that the City would be interested in one price for all the items, as well as individual prices, to which Mr. Hanlon replied in the negative and stated that there is no way of knowing at this time if such an inclusion would have resulted in a better total price being obtained. Discussion ensued regarding the City Manager's recommendation in comparison to awarding the tender to the lowest bidder in each instance and the presence in the City of the Irving Oil Refinery. . Question being taken, the motion was lost with the Mayor and Councillors lewwell'ing, Gould, Knibb, MacDougall and A. Vincent voting "nay". l On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the tender for the supply of etroleum products from May 1, 1987 until May 20, 1988, be awarded to Irving oil Co. at a total cost of $1,195,724.00. . Deputy Mayor Gould asked if it would be irregular or improper to advertise a tender indicating that, in addition to the prices already submitted, the City would consider one bulk price for all the items to which Mr. Hanlon replied that to recall tenders at this point when all the prices are public would be rather unfair to all of the suppliers and noted that the prices quoted by Petro-Canada represent a cost of approx- imately $130,000.00 less than what is presently being paid, and the Mayor suggested that the administrative costs should be not an issue in this matter and that option (1) should be adopted. ~ ~ 250 Question being taken, the motion was lost with the Mayor and Councillors Davis, MacDougall, Rogers, Vaughan and M. Vincent voting "nay" . . On motion of Councillor MacDougall Seconded by Councillor Rogers RESOLVED that the tender for the supply of petroleum products from May 1, 1987 until April 20, 1988, be awarded to the lowest bidder in each instance, as indicated on the submitted bid summary, at a total cost .of $1,151,883.00. Mr. Hanlon noted that the low tenderer on each item listed on the submitted bid summary is as follows:- Petro-Canada on items 1 through 6(a); Irving Oil Ltd. on 6(b) on the assumption that, although this is the same bid as submitted by Petro-Canada, it would be awarded to the local refinery; Irving Oil Ltd. on item 7, Shell Canada on item 8, Fundy Energy Ltd. on item 9, Texaco Canada Inc. on item 10(a), Irving Oil Ltd. on item 10(b), and Petro-Canada on item 11. 1- Question being taken, the motion was lost, a tie vote having been created with Councillors Flewwelling, Gould, Knibb, A. Vincent and M. Vincent voting "nayll. , Councillor Knibb proposed that staff be authorized to negotiate wi th the two low bidders, namely, Irving Oil Ltd. and Petro-Canada Inc., .to which Mr. Hanlon suggested that the City has aresponsiblity to act on tenders as submitted and should not go back to negotiate after prices have been received if it is the wish to keep the integrity of the tendering process. The Mayor advised that the City Solicitor has suggested that this matter be tabled in order for the City Manager and Legal Department to meet in this regard. On motion of "Councillor MacDougall . Seconded by Councillor Flewwelling RESOLVED that the above laid on the table with staff to meet and submit a report to Council next meeting. matter be' at its Question being taken, the tabling motion was carried with Councillors A. Vincent and M. Vincent voting "nay". (Councillor Schermerhorn re-entered the meeting.) On motion of Councillor Knibb ,I~ 1:- ' Seconded by Councillor M. vincent RESOLVED that as recommended by the City Manager, (1) the Greater Residential Incentive Program be continued for 1987 with an allocation at this time of $.5 million which should provide grants for approximately 100 additional dwelling units, (2) Council approve in principle $300,000.00 for a pilot Infill Housing Incentive Program to be initiated in 1987 and (3) Council adopt the submitted 1987-88 Residential Development Strategy. Mr. Clark highlighted the submitted report and noted that the 1986 target of 125 housing starts was realized with 185 new single-family houses having been built in Saint John in 1986 which represented 27% of the Census Metropolitan Area total and a significant increase over 1981 to 1985, with a 1987 target of 225 housing starts having been established with an adequate number of building lots to accommodate these housing units, and commented on the proposed pilot Infill Housing Incentive Program, the details of which will be submitted for Council's consideration within the next few weeks. Discussion ensued during which time Mr. Wilson confirmed that it is anticipated that, after five years, the GRIP program will be creating a positive cash flow for. the City and, after seven years, the City will have recovered the negative cash flow of the early years; Councillor Schermerhorn noted that action was taken to streamline and facilitate the development approval process and to review the potential for reduction of development costs through the adjustment of development standards and the use of alternative types of servicing; Councillor Rogers expressed concern that the number of housing starts could flood the market thereby creating a surplus of vacant houses; Councillor Vaughan made the observation that the GRIP grant appears to have encouraged developers to come back to the City thereby assisting in job creation; Councillor A. Vincent asked about the possibility of home purchasers, particularly first-time purchasers, being assisted in acquiring property through a rebate system, and Councillor Knibb expressed concern that there is inadequate executive houses in the City as indicated in the real-.estate section of the local newspaper which continues to advertise such housing in the suburbs. . I t;:""""''\ Question being taken, the motion was carried. " Consideration was given to a letter from the City Solicitor regarding the letter from Thistle-St. Andrews Curling Club resgecting the conditional re-zoning of its property for use of the ice surface during off-season, which was referred by Council on April 21, 1987 to determine if advertising and a public hearing is required; advising that the 1975 re-zoning of the property was tied to Section 39 of the Community Planning Act wi.th various terms and conditiorr~ imposed and, as a result of an amendment to the Act.in 1984 which necessitates the publishing of a notice for the purDose of holding a public hearing with respect to new conditions, Council is required to advertise and set a date for a public hearing. . J JI"'" ~51 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the request of Thistle-St. Andrews Curling Club for an amendment to the conditional re-zoning of its property (L.R.I.S. Number 371302) for the use of the ice surface during off-season be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized, with the public hearing to be held on June 8, 1987. Question being taken, the motion was carried. I Read a letter from the Common Clerk submitting a resolution from Legal Session of Council on April 21, 1987, as follows:- "RESOLVED that as recommended by the City Solicitor, Council authorize the City Solicitor or his designate to take the necessary steps for the purpose of carrying out and obtaining a judicial review of the Arbitration Board's decision in the matter of Saint John policemen's Protective Association, Local No. 61, C.U.P.E., arbitration concerning payment of Blue Cross premiums for those on disability allowances.". On motion of Councillor Schermerhorn I Seconded by Councillor Davis RESOLVED that as recommended by the City Solicitor, Council authorize the City Solicitor or his designate to take the necessary steps for the purpose of carrying out and obtaining a judicial review of the Arbitration Board's decision in the matter of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., arbitration concerning in particular the decision of the Board designating persons receiving disability allowance as employees. . The mover and seconder of the motion concurred with Councillor Knibb's suggestion that the Legal Session resolution be changed to indicate that the judicial review concerns the decision of the Board that persons on disability allowances are employees of the City. Councillor A. Vincent asked the anticipated cost in legal fees to the City of the jUdicial review to which Mr. Rodgers replied that he has no intention of engaging outside legal counsel and expressed the opinion that, in addition to Mr. Clark's observation that the Arbitration Board gives a benefit to disabled employees which Council may wish to " give at a future time on the basis that the Board declared disabled retirees as employees, the decision should be judicially reviewed on the basis that the Pension Act states that people on long-term disability are not employees and the Chairman of the Arbitration Board misinterpreted the Pension Act. ,. Question being taken, the motion was carried. On motion of Councillor Schermerhorn /1 Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 9-A, the Staging Plan of the Municipal Development Plan, by removing a parcel of land located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (part of L.R.I.S. Number 326884), from Stage 2 to Unstaged Area classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. IInay" . Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-102 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located on the northern side of Loch Lomond Road between Greenwood Street and Griggs Road (part of L.R.I.S. Number 326884), from "RS-l" One- and Two-Family Suburban Residential to "RR" Rural Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor M. Vincent withdrew from the meeting.) -I The by-law entitled, "By-Law Number C.P. 100-102 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. "nay" . Question being taken, the motion was carried with Councillor Rogers voting Read report of the Committee of the Whole (as follows) (, To the COMNON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, April 21, 1987, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb,MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, amely:- . That the Mayor and Common Clerk be authorized to execute the proposed Budget of stimated Expenditures for the fiscal year ending March 31, 1988, of the Saint John Harbour ridge Authority, in compliance with the Agreement between Canada, the Province of New runswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. ~ .., 252 2. That as recommended by the City Manager, the land at 168 St. James Street West (L.R.I.S. Number 367763), described as Lot 546 Brooks Ward, be sold to Mr. Albert G. Speakman for a price of $4,000.00 with a restriction being placed. in the deed that it not be used as a separate building lot. 3 That with regard to the request of Mr. William Bodley to purchase p~operty on Sandy Point Road at Crowley Road, Council adopt the recommendation of the City Manager that Mr. Bodley be advised that the said land is not available for unserviced development at the present time and further that the land be included in the next list of land available for sale with the provision that it only be developed with full water and sewer services. . 4. That as recommended by the City Manager, the sublease between the City and the provincial Department of Supply and Services for 822 square feet of space on the 12th floor of the City Hall building which is used by the Social Welfare Appeals Board, be extended to June 30, 1988 at a rental of $993.25 per month commencing July 1, 1987,the rental to include heat, electricity, cleaning, maintenance of the washroom, replacement of fluorescent tubes and cleaning the windows. " 5. That further to the resolution adopted by Common Council on August 18th, 1986 which authorized the proceeds from the sale of Rockwood Court to be set aside into a special fund to be administered by Saint John Non-Profit Housing Inc. for new housing initiatives, the following parameters, as recommended by the City Manager be adopted for the use of the said proceeds; namely:- I -' (1) The proceeds are owned by the City of Saint John, however, it is agreed_th~t the City will establish a special fund'utilizing the2proceeds, __. such fund to be administered by.Saint John Non-Profit Housing Inc. as follows: (a) the proceeds may be used to fund the capital and start-up costs of housing projects for which funding is not available from other levels of government; (b) Saint John Non-Profit Housing Inc. may utilize all or.a portion of the accrued interest from the fund for the annual operation of the company; (c) where deemed necessary and desirable, funds may be used to fulfill any necessary equity requirements for projects funded by other levels of government; (d) the funds will not be used to finance projects undertaken by private developers, however, they may be used to promote the development of privately-owned housing projects; (e) the funds will not be used to fund the operation of housing projects owned and operated by Saint John Non-Profit Housing Inc. and for which operating assistance is provided by other levels of government; (f) the proceeds will be invested by the City of Saint John after con- sidering the annual projected cash flow requirements of Saint John Non-Profit Housing Inc.; and (g) Saint John Non-Profit Housing Inc. will provide Council with an annual statement of expenditure on how monies were expended from the fund. . I /-=~ (2) The annual operating budget of Saint John Non-Profit Housing Inc. is to be presented to Council for its approval, and the company's Board of .Directors is authorized to spend funds for operating consistent with the aoproved budget; and in addition, the Board in carrying out its mandate may make additional expenditures within the foregoing parameters without prior approval of Council, in an amount not to exceed $25,000.00. 6. That as recommended by the City Manager, the Mayor and Common Clerk be uthorized to execute the submitted Letter of Agreement pertaining to the lease I etween the City and Market Square Development Limited for the rental of the cean Hawk II. . pril 27, 1987, aint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb bove report be adopted. Seconded by Councillor Rogers. RESOLVED that section 1 of the ~L Question being taken, the motion was carried. On motion of Councillor Schermerhorn eport be adopted. Seconded by Councillor Knibb RESOLVED that section 2 of the above f'~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn eport be adopted. Seconded by Councillor Knibb RESOLVED that section 3 of the above -Question being taken, the motion was carried. . ~ JI"'" 255 to three ltems (coples at WhlCh were forwarded to Council members as information items) and requested action as follows:- (1) with regard to the letter to the Mayor from Millidgeville-North End Lions Inc., the Common Clerk to arrange a meeting in order for the Club to present an explanation to Council of its Huggy Drug Awareness Program, (2) the letter to the Mayor from The Honourable Nancy Clark Teed, Minister of Health and Community Services, be referred to the Chief of Police and (3) with regard to the correspondence from Fire Underwriters Survey respecting a survey of the fire defences of the. City of Saint John for insurance grading purposes, the City Manager to submit a report to Council upon completion of the review of the water system. . On motion of Councillor Schermerhorn i Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of a letter frqm The Right Honourable Brian Mulroney, Prime Minister of Canada, with regard to the 12,000 petitions from Saint John which were delivered to Ottawa regarding, the sugar tariff review and noting that the Prime Minister has asked the Ministers responsible to expedite the review of the report as soon as it is r.eceived -- be received and filed with appreciation. I Question being taken, the motion was carried. The Mayor noted .that the letter from Councillor Flewwelling regarding the road to Reversing Falls Park is a matter of expropriation to go before the court whereupon Councillor Flewwelling withdrew the letter from the agenda.. The Mayor asked that Council consider at this time her letter regarding a town crier (which was included for discussion in Committee of the Whole later this date). On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the above-mentioned letter be added to the agenda for consideration at this time. Question being taken, the motion was carried. The Mayor, replying to a query of Councillor Knibb, advised that any discussion of .the matter of the road, to Reversing Falls Park should be in Legal Session of Council according to legal advice. l Consideration was given to a letter from Mayor Wayne submitting a copy of a letter from Mr. Frank McC~rey, Chairman of Loyalist Days Inc., with respect to the issue of a town crier, advising that Loyalist Days Inc. is in the process of talking to some candidates for the position to see if they are interested following which a decision will be made on whether or not to hold a competition; also advising that Loyalist Days Inc. is not in a position this year to do any amount of advertising and must therefore determine if there is an interest before proceeding any further in view of the fact that Loyalist Days expended a large amount of money for advertising a competition in 1986 and had no candidates. The Mayor expressed the opinion that the City of Saint John should have a town crier and that Council should take action accordingly through Tourism personnel. Councillor Knibb suggested that Council should urge Loyalist Days Inc. to proceed with the competition for and appointment of a town crier and, should Loyalist Days Inc. be unable to do so, to so advise Council early enough to allow action to be taken prior to the forthcoming tourist season. The Mayor asked the City Manager to determine what other cities do with regard to remuneration for services rendered by a town crier and Councillor Schermerhorn suggested that this matter should be referred to Mr. Levesque to pursue with Loyalist Days Inc. . On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to Mr. J. Levesque to pursue with Loyalist Days Inc. Question being taken, the motion was carried. J ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Maintenance Building - Forest Hills Park Darkil Construction Ltd. Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated April 29, 1987 Final holdback release $143,234.00 142,933.58 Nil 120,993.54 $ 21,940.04 I , ( Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- .... ~ 256 1. Rotary Admiral Beatty Complex - Commercial Donovan Associates Inc. Improvements - Commercial Space Original estimated value of contract Total work completed, Certificate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated April 15, 1987 Final release of holdback $134,400.00 138,215.00 Nil 137,167.00 $ 1,048.00 . Question being taken, the motion was carried. i (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) Consideration was given to a letter from the City Manager regarding the tender for gasoline and oils, which was tabled at Council's last meeting, submitting a copy of the terms and conditions of the tender, as well as a schedule indicating the value over twelve months under option #1 which is the lowest bid on each item and the total to be awarded to.each company, the value of each item under option #2 which is a total award to Pe~ro-Canada Inc.,. and under option #3 which is a total award to Irving oil Ltd.; noting that staff had recommended option #2 as the price differential between awarding the entire contract to Petro-Canada or dividing it among five suppliers is only $732.00 out of $1,152,515.00 and, although it is difficult to quantify the exact savings from utilizing only one supplier, it is certainly the opinion of Finance and Supply and Services staff that savings in time, related to the various clerical operations involved, would outweigh the additional costs; thus, when direct and indirect costs are taken into account, option #2 offers the overall lowest cost to the City; concluding that, although the administration adopted a responsible course in advising Council of the option which is believed to be the lowest total cost, the administration is not insensitive to option #1 which would mean that, although it spreads the work around several companies, the specific amount which would go to the other companies is minimal being approximately $16,000.00 in total or less than 2% of the total contract; therefore, if the issue of administrative costs has unduly clouded the discussion, the simplest course is to take the low bid in each category, and recommending that tenders be awarded to the lowest bidder in each instance as indicated. I . Councillor Vaughan proposed a motion, which was not seconded, that the above recommendation be adopted. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the tender for the supply of gasoline and oils De awarded in its entirety to Irving Oil Co. 1/', " t - Question being taken, the motion was lost with the Mayor and Councillors Davis, Rogers and, Vaughan voting "nay". On motion of Councillor Davis Seconded by Councillor Rogers RESOLVED that Council accept the low tendercn the whole bid for the supply. of gasoline and oils. Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Flewwelling and Knibb voting "nay". (Co~ncillor Schermerhorn re-entered the meeting.) . On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding the designation of May 4 to 8, 1987 as Clean-Up Week in the City of Saint John during which time the cost of removal of junked cars and parts will be paid for by the City; advising that arrangements were made with Loyalist Towihgfor cars to be towed at a cost of $30.00 with wheels and $35.00 without'wheels which is an increase of $5.00 over last year, and concluding that this program results in substantial savings to the City since many of the cars removed in this program would otherwise result in complaints and staff action under the Unsightly Premises By-Law be received and filed. I -p-' ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn II Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized tp execute a pole and anchor agreement with NB Tel to permit the location of 7 anchors on City- owned property near the corner of Havelock Street and Fundy Drive with Anchor #1 in the vicinity of the lawn bowling court tope in the same location as presently exists. Question being taken, the motion was carried. . ~ JI"'" 2~3 On motion of Councillor Knibb . adopted. Seconded by Councillor Rogers RESOLVED that section 4 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 adopted. Seconded by Councillor Knibb RESOLVED that section 5 of the above report be Question being taken, the motion was carried. On motion of Councillor Rogers adopted. Seconded by Councillor Knibb RESOLVED that section 6 of the above report be I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the sum of $23,280.00 be accepted as money-in-lieu of land for public purposes with respect to the proposed lot 87-1, Rocca Enterprises Ltd. Subdivision, Rothesay Avenue. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision of the land shown on the submitted plan showing Part "A" as part of Somerset Street and Parts "B" and "c" as part of Barker Street. Question being taken, the motion was carried. On motion of Councillor Schermerhorn J , , Seconded by Councillor Rogers RESOLVED that the letter from Nancy Hoyt, Steven Sellors and Cathryn Ward expressing concern with regard to the renovation of the City Market on the basis that the Market will look much like any other building found in any other city and that one of the main reasons tourists travel is to see something different; and suggesting that the Market should be left the way it is for those who use it every day or every week -~ be received and filed and a copy be forwarded to The Market Square Corporation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from Hamilton Realty Ltd. requesting that Council consider the matter of the limited access to the apartment building owned by Hamilton Realty Ltd. located at 247-249 Rockland Road caused as a result of the construction of the North-South Arterial, with a view to obtaining a fair and reasonably prompt settlement -- be referred to the City Manager for investigation and a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from PRUDE Inc. requesting that the City of Saint John provide, or assist in obtaining, a building which would enable this group to maintain a high level of community service and provide programs which are needed within the community -- be received and filed and PRUDE Inc. be advised that the City has no property available at the present time. .1 ~_.. . Councillor Schermerhorn proposed a motion, which was seconded by Councillor Rogers, that the above request for a building or site be referred to the City Manager for investigation and a recommendation to Council; however, the proposed motion was changed with the consent of the mover and seconder during discussion when Mr. Todd confirmed that, at the present time, the City has no space to offer to this group. Question being taken, the motion was carried. Discussion ensued regarding other groups which require space in the City, such as the Food Basket on Union Street and the Korea Veterans Association. . (Councillor M. Vincent re-entered the meeting during the foregoing discussion.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Vh4'1K YJzp~d/ Common Cler ~ ~ 254 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of May, A.D. 1987, at 4:00 o'clock p.m. present ElsieE. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, Rogers, Schermerhorn and Vaughan - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Manage- ment; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Assistant Director of Parks; J. Levesque,Director of Communications and Public Relations; B. Steeves, Deputy Building Inspector; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. r 'f Reverend Byron Howlett of the Canadian Bible. Society offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on April 27, 1987, be approved. . Question. being taken, the motion was carried. Her Worship the Mayor referred to a letter from Jo Anne Claus, Secretary of the Arbor Day Committee (copies of which were forwarded to Council members as an information item) and requested Council members to advise the Common Clerk if they intend to take part in the tree-planting ceremonies scheduled for May 5, 1987. The Mayor read proclamations proclaiming May 1 to 7, 1987 to be Spinal Health Week, and May 1987 to be Hearing Awareness Month in the City of Saint John, and commented on the 8th Annual Living Loyalist Museum of the Glen Falls School to be held.on May 14, 1987. Her Worship the Mayor advised that, in view of the May 18 public holiday, Council will meet on Tuesday; May 19, 1987, and, in view of the forthcoming Federation of~anadian Municipalities meeting the first week of June which will be attended by the Mayor and four Councillors, asked that no Council meeting be held the week of June 1, 1987. l On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that Common Council not meet the week of June 1, 1987. Question being taken, the motion was carried. The Mayor asked that the Mayor and Deputy Mayor's names be submitted as voting delegates to the above-mentioned FCM meeting. On motion of Councillor Rogers . Seconded by Councillor Davis RESOLVED that Her Worship Mayor Elsie E. Wayne and Deputy Mayor Arthur L. Gould be designated as the voting delegates on behalf of Common Council at the forthcoming meeting of the Federation of Canadian Municipalities. Question being taken, the motion was carried. I " Her Worship the Mayor noted that New Brunswick Day will be celebrated on August 3, 1987 and asked if Council wishes to meet on Tuesday, August 4, 1987, whereupon Councillor Schermerhorn suggested that Council consider this matter when deciding on a summer schedule for the Council meetings. Councillor Knibb extended a message of sympathy to the family of the late Mr. William C. Ward of Fredericton, N.B., who was the Principal of Saint John High School prior to Councillor Knibb, who passed away on May 2, 1987. On motion of Councillor Knibb _1- ,- -j Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. William C. Ward. Question being taken, the motion was carried. Councillor Knibb noted that he represented the City on May 2, 1987 at conferences of TOPS (Take Off Pounds Sensibly) and the Catholic Women's League, and the Mayor noted that, in view of the large number of invitations for Council representation at various functions, a new system is being implemented to accommodate the requests. . j JI"'" 257 On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the submitted final accounts with regard to legal services provided as follows: (a) Hanson, Hashey, in the amount of $13,169.38, on behalf of Her Worship Mayor Elsie Wayne, in the matter of Edward Arthur Shuve v. City of Saint John et al; (b) Graser, Smith. & TOwnsend, in the amount of $30,510.05, on behalf of former City Manager Arthur McDermott, in the matter of Arthur McDermott et al ads Edward Shuve; (c) Hanson, Hashey, in the amount of $1,876.01, on behalf of Her Worship Mayor Elsie Wayne, in the matter of Wilson Roofing Limited and Thomas Hosford; and (d) Lawson & Lawson, in the amount of $8,903.93, in the matter of Wilson Roofing v. City of Saint John et al. . . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-103 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding a subclause (iv) to Section 550 (2) (a) as follows: "" (iv) . riotwithst0-nding (i) and (ii) above a tavern or cabaret maybe located in Lansdowne Place (L.R.I.S. Number 370957) at 55 Lansdowne Avenue, be read a third time and enacted and the Corpo~ate Common Seal be affixed thereto. . . The by-law entitled, "By-Law Number C.P. 100-103 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. IInay~I.. Question being taken, the motion was carried with Councillor Flewwelling voting . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Main Street Baptist Church (copies of which were distributed to Council members immediately prior to the meeting) expressing opposition in principle to any additional licensed liquor outlets particularly in the north end of the City on the basis that this establishment possibly could become a tavern if the hours of operation are different from those of neighbouring business operations such as Sears, and requesting Council that the request for re-zoning be denied but, if. it is granted, the hours of business would be restricted as indicated -- be .received and filed. , Mr. M. Fineberg, solicitor for Rujo Holdings Ltd., was present in the Council Chamber and responded to Co~ncil queries with respect to the proposed hours of operation of the steakhouse. ' Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a resolution which was adopted in Legal Session on April 27, 1987. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence-an action in the Court of Queen's Bench of New Brunswick with respect to the cost of the extension of the storm sewer on Fairville Boulevard.to service the Westside Plaza property at 800 Fairville Boulevard. . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports J , Your Committee begs leave to report that it sat on April 27, 1987, when there were.present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- l 1. That as recommended by the City Manager, (1) the necessary advertising be' authorized with regard to the proposed closing of a 20 by 100 foot portion of unopened Rodney Street, commencing at its intersection with City Line and extending easterly a distance of 100 feet on the southerly side of the street and (2) upon successful completion of the street closing, the closed portion to be subdivided to allow the most southerly 15 by 100 foot portion to be added to the property of J. R. Mortimer at 88 City Line; the northerly 5 by 100 foot section to be added to the property of R. Gordon Church at a price $750.00, to be paid by Mr. Church, along with all costs involved with the closing and transfer, the agreement of sale to be with the understanding the street closing will be handled in the normal way, and the City is neither explicitly nor implicitly obligated to complete the road closing. . 2. That the following persons be appointed as a committee to investigate and make recommendations concerning the process of' introducing group homes as well as locational regulations which may be appropriate:- City Manager's designate (ex officio), Mrs. Chris Oliver, Dan Adler, Ladds Batten, Representative of the John Howard Society, David Wilton, and a City resident to be nominated by the Greater Saint John Real Estate Board. .... LoB May 4, 1987 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. Seconded by Councillor Vaughan RESOLVED that section 2 of the I On motion of Councillor Schermerhorn above report be adopted. The Mayor advised that the City Manager has requested Mr. Bedford to m~et with and assist the above committee. Question being taken, the motion was carried with Councillor Knibb'voting "nay". I Consideration was given to a letter from the Planning Advisory Committee regarding a proposed amendment to the Building By-Law earthquake provisions, which was considered by Council on April 6, 1987, recommending that the Building By-Law be amended as described in the submitted By-Law C.P. Number 101-4. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 101-4 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", be read a first time. . Read a first time the by-law entitled, "By-Law Number C.P. 101-4 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John". ..... Question being taken, the motion was carried. On motion of Councillor Schermerhorn "By-Law Number C.P. 101-4 A By-Law To Repair And Demolition Of Buildings In ,second time. Seconded by Councillor Rogers RESOLVED that the by-law entitled, Amend A By-Law Respecting The Construction, The City Of Saint John", be read a I/-~ " . . Read a second time the by-law entitled, "By-Law Number C.P. 101-4 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Saint John Preservation Review Board regarding the proposal to rename the section of Prince William Street from King Street to Union Street as Chipman Hill, which was the subject of a letter to Council on February 16, 1987 from Mr.Harold E. Wright; stating that, in light of the fact that for almost 200 years this portion of Prince William Street has been commonly known as Chipman Hill ,and since 'it would commemorate a famous name in Saint John's history, the Preservation Review Board supports the proposal and recommends its implementation -- be referred to the City Manager for a report and .recommendation. . Councillor Rogers, a member of the Preservation Review Board, noted that Mr. Wright's letter to Council on February 16, 1987 was referred to both the Board and the City Manager and suggested that Mr. Clark should be provided with a copy of the Board's full report on its review of this matter. Councillor Davis noted that Prince William Street currently changes to Hazen Street at the top of Chipman Hill and that it could be confusing to change the name of the street portion in question. l :..;/" -- ... Question being taken, the motion was carried. I (-~-'\ On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the petition from area residents requesting that the vacant building at 260 Main Street North be .torn down as it is dilapidated, the windows are broken out and there is a hole in the back door big enough for someone to enter -- be referred to the City Manager for a report to Council immediately. Question being taken, the motion was carried. . ...4 JI"'" 25:,9 The Mayor advised that the City Manager has requested that the application of tlantic provisioners Ltd. for an amendment to Common Council resolution of September 25, 1987 pursuant to Section 39 of the. Community Planning Act with respect to property at 199 Chesley Drive, be tabled. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Atlantic Provisioners Ltd. requesting an amendment to Common Council resolution of September 25, 1978 pursuant to Section 39 of the Community Planning Act, with respect to property at 199 Chesley Drive, be laid on the table. I Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the notice from the Liquor Licensing Board advising that the hearing for the application of Rock Pub & Beverage Room Ltd. for a beverage room license with respect to premises at 1 Mark Avenue is to be held on May 8, 1987 -- be .received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . VAil? ~ ~~r 'mmon Clerk l, . !: I , '- . ... ~ LtiU At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of May, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Gould, Knibb, MacDougall, Rogers and Schermerhorn - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; W. Butler, Director of Water and Sewerage Services; J. Levesque, Director of Communications and Public Relations; Ms. Y. Huntington-LeBlanc, Director of Saint John visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common. Clerk. 'I I Reverend Michael Trites of Edith Avenue Baptist Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on May 4, 1987, "be approved. . The Mayor, on a point ot clarification with respect to the tender awarded at the above meeting for the supply of gasoline and oils, advised that the mover and seconder of the subject motion clarified in Committee of the Whole that the tender is to be awarded to the lowest bidder in each instance, which is Petro-Canada on items 1, 2, 3, 4, 5(a), 6(a) and 11; Irving Oil on items 6(b), 7 and 10(b); Shell Canada on item 8; Fundy Energy on item 9; and Texaco Canada on items 5(b) and 10(a), whereupon Councillor Davis, mover of the subject resolution, confirmed the Mayor's clarification. Question being taken, the motion was carried. J Her Worship the Mayor read the following statement:- "The City has assessed its position with respect to the recent announcement regarding Market Square. Since, at this stage, this is a matter between the Bank of Nova Scotia and Mr. Rocca and his companies, it would be inappropriate for us to make any comments at this time., We are not aware of any reason why the complex would not continue in its normal manner and, therefore, business should continue as usual. In the meantime, all appropriate legal steps will be taken to protect the interests of the City of Saint John both in respect to the leases it holds and as a controlling shareholder of The Market Square Corporation. In view of the foregoing and the fact that this matter is presently before the courts, no further public statements will be made at this time.". , Her Worship the Mayor advised that the Big Brothers-Big Sisters of Saint John will feature Mr. Freddy Fender, in concert, on May 21, 1987 at the Lord Beaverbrook Rink; read a proclamation proclaiming May 12, 1987 to be rbour Day in the City of Saint John; explained that the symbolic cheque, in the amount of $100 million, displayed in the Council Chamber, represents the contribution in 1986 of the tourism industry to the Saint John economy; noted that May 11 to 17 is National Tourism Week; commented on the activities lanned for the May 27, 1987 Great Canadian Participaction Day Challenge; and noted that, as announced by The Honourable Richard Hatfield, Premier of New Brunswick, earlier this date during an address to the Saint John Rotary Club, the Province will contribute the requested $150,000.00 as a Co-Sponsor for the 1988 Chess Festival. . Councillor Schermerhorn requested that the following items (which ere considered in Committee of the Whole earlier this date) be added to the genda for consideration at this meeting:- (1) regarding the logo/trademark for F.I.D.E., (2) regarding names and styles for F.I.D.E., (3) regarding the FL Game, June 6, (4) regarding the Challenge '87 grant program, (5) regarding the proposed summer schedule of Council meetings; and Deputy Mayor Gould sked that the Market Square Parking Garage quarterly report and the presentation ith respect to infrastructure which was made to the Cities of New Brunswick ssociation (copies of which were forwarded to Council members as information items) also be added to the agenda. ~ ' ' -"~ - , , On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above-mentioned items e added to the agenda for consideration at this meeting. Question being taken, the motion was carried. . Councillor MacDougall extended best wishes to Councillor A. Vincent, ho is recovering in hospital, having undergone successful surgery. ~ "...-- 261 . The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a parcel of land containing approximately 4 acres located about 500 feet east of Old Black River Road and about 400 feet north of Goldsworthy Road, being all of L.R.I.S. Number 337097 and portions of L.R.I.S. Numbers 336842, 337873, 337287, 339598 and 422022, from "RF" Rural to "RS-IM" One- and Two-Family and Mobile Home Suburban Residential classification, to enlarge the area in which mobile homes may be permitted, as requested by Holly and George Reicker, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. I Consideration was given to a letter from the Planning Advisory Committee recommending that a parcel of land containing approximately 4 acres located about 500 feet east of Old Black River Road and about 400 feet north of Goldsworthy Road, as illustrated on the submitted map, being all of L.R.I.S. Number 337097 and portions of L.R.I.S. Numbers 336842, 337873, 337287, 339598 and 422022, be re-zoned from "RF" Rural to "RS-IM" One- and Two-Family and Mobile Home Suburban Residential classification. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 4 acres located about 500 feet east of Old Black River Road and about 400 feet north of Goldsworthy Road, being all of L.R.I.S. Number 337097 and portions of L.R.I.S. Numbers 336842,337873,337287,339598 and 422022, from "RF" Rural to "RS-IM" One- and Two-Family and Mobile Home Suburban Residential classification, be read a first time. John. Read a first time the by~law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law '--- of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 4 acres located about 500 feet east of Old Black River Road and about 400 feet north of Goldsworthy Road, being all of L.R.I.S. Number 337097 and portions of L.R.I.S. Numbers 336842, 337873, 337287, 339598 and 422022, from "RF" Rural to "RS-IM" One- and Two-Family and Mobile Home Suburban Residential classification, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint J-- Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1973 re-zoning of 93 Loch Lomond Road (L.R.I.S. Number 319558), which limited the development to the existing building for an insurance office, to permit the demolition of the existing building and the construction of a two-storey office building measuring 28 feet by 48 feet, as requested by K. L. Mallory Insurance Agency Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the June 18, 1973 Section 39 Common Council resolution, with respect to the re-zoning of 93 Loch Lomond Road, be amended to permit the development of the applicant's proposed new building, on-condition that it be located on the lot in accordance with the submitted staff alternative site plan. , Mr. Raymond P. Gorman, solicitor, appeared on behalf of K. L. Mallory Insurance Agency Ltd., and, referring to the Planning Advisory Committee's suggestion that the building be constructed considerably closer to the street than proposed by the applicant, noted that, as indicated in the letter from the applicant (copies of which were distributed to Council members earlier this date), there are two reasons why he wishes to set the building back from the street, namely, (1) in view of the sideline of the property being a right-of-way into a school, the schoolchildren who utilize the lane and cross over the property would be far more visible to traffic on Loch Lomond Road if the building were set back and (2) in order for the applicant to conduct his business during the period of construction of the new building, he wishes to leave the existing structure until the new structure is completed. Mr. Gorman questioned the necessity of the proposed amendment being before Council at this time in view of the fact that the letter received by the applicant from the Common Clerk at the time of the 1973 re-zoning made no mention of any conditions having been attached to the re-zoning. -,~ . Mr. Rodgers, replying to a query of the Mayor, advised that he would like to review the document referred to by Mr. Gorman in order to give an opinion on the necessity of the proposed amendment being before Council, and Mr. Bedford suggested that Mr. Rodgers may find, upon reading the Common Council minutes of June 18, 1973, that conditions were in fact placed by Common Council and they are documented in the minutes. Mr. Gorman suggested that the June 18, 1973 Common Council minutes are somewhat vague as to just exactly what is set out and, having read a portion of the minutes in this regard, noted that Mr. Mallory, based on the minutes and the said letter, proceeded with his plans ~ '} 262 ~ initially not feeling that an amendment was required only to find out that the interpretation placed on it by the City is that he did need an amend- ment when he applied for a building permit. Councillor Davis, a member of the Planning Advisory Committee, noted that, although Planning staff recommended denial of the application, the Planning Advisory Committee overruled staff's recommendation and also noted that the Committee's prime reason for recommending a change in the placement of the building is that a parking area would detract from the building's attractiveness; therefore, the Committee is recommending approval of the proposed building if it could be placed at the front of the lot with the parking at the rear thereby allowing for landscaping at the front of the building. Councillor MacDougall noted that the submitted staff report suggests that greater investment for business purposes should not be encouraged at this location but in existing business areas and further introduction of commercial uses will undermine the stability of the residential area and does not support the lands already zoned or developed for this .use. Mr. Gorman expressed the opinion that the structure proposed is very attractive and will add to the area having a home-like rather than an office-like appearance, and suggested that this.is a matter of interpretation of what was done in 1973 during the re-zoning of the property which is extremely vague and it can be understood how Mr. Mallory proceeded with his plan<to construct the building on the subject property. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of June 18, 1973 pursuant to Section 39 of the Community Planning Act, with respect to the re-zoning of 93 Loch Lomond Road, be amended to permit the development of the applicant's proposed new building, on condition that it be located on the lot in accordance with the submitted staff alternative site plan. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1984 re- zoning of 341 Loch Lomond Road (L.R.I.S. Number 313791), which limited the use to a vehicle storage compound not including auto wrecking or auto salvage, to include a repair garage and auto body repair shop as part of the permitted uses, as requested by Mr. Ray S. Corscadden, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council rescind its resolution of February 27, 1984 pursuant to Section 39 of the Community Planning Act and adopt the submitted resolution. Mr. G. Patrick Gorman, Q.C., solicitor, appeared on behalf of Mr. Ray Corscadden, and advised that the applicant concurs with the Planning Advisory Committee's recommendation Mr. Gorman commented on the location of the subject property and requested Council's approval of the proposed amendment. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, Common Council rescind its resolution of February 27, 1984, pursuant to Section 39 of the Community Planning Act with respect to the re-zoning of 341 Loch Lomond Road: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the use of the said property be restricted to an auto storage compound, an auto repair garage and an auto body paint and repair garage, not including auto wrecking or auto salvage, that all vehicles waiting to be repaired or to be picked up be kept in the storage compound, that the site be developed and maintained in accordance with the applicant's site plan approved by the Director of Planning, and that no signs be placed on the property. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Woodlawn Avenue, and that no written objections were received in this regard. No person was present to speak against or in favour of the proposed street closing. . I I . , . 1 ..;<:"'"-10.---- ~, . ~ JI"'" 263 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Woodlawn Avenue, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Woodlawn Avenue, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". I Question being taken, the motion was carried. . Notice had been given to Imperial Investments Limited, Owner, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia, and Dover Mortgage Corporation Limited, Mortgagee, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia, to appear at this meeting to show cause, if any, why the vessels and structures located near Fallsview Drive (L.R.I.S. Number 33084) in the City and County of Saint John, should not be removed or destroyed as dangerous and dilapidated vessels and structures. Mr. Johnson displayed photographs of the said property and advised that the property contains numerous dangerous structures, including two boats, one with a steel structure and one wooden vessel, one one-storey shed, a wharf structure and various stairs, all of which at one time or the other over the last several years have been in a dangerous condition and the owner has attempted on a variety of occasions to keep them secure but has been unable to keep them from being vandalized and in safe condition. Mr. Johnson also advised that the whole arrangement of the property and condition of the vessels and various structures is dangerous and recommended that Council take action under the 1925 Building Act by having them declared dangerous and ordering them removed. No person was present with respect to the said vessels and structures. On motion of Councillor Schermerhorn J> , Seconded by Councillor Knibb RESOLVED that notice having been given to Imperial Investments Limited, Owner, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia, and Dover Mortgage Corporation Limited, Mortgagee, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the property located near Fallsview Drive (L.R.I.S. Number 33084) in the City of Saint John, requesting that the said owners appear before this meeting of Common Council to show cause why the vessels and structures should not be removed or destroyed as dangerous or dilapidated vessels and structures, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said vessels and structures located near Fallsview Drive (L.R.I.S. Number 33084) in the said City to be dilapidated and dangerous: . AND BE IT FURTHER RESOLVED that the said Imperial Investments Limited, Owner, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia and Dover Mortgage Corporation Limited, Mortgagee, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia are hereby required to remove or destroy the said vessels and structures situate near Fallsview Drive (L.R.I.S. Number 33084) in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: ,t AND BE IT FURTHER RESOLVED that upon failure of the said Imperial Investments Limited, Owner, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia and Dover Mortgage Corporation Limited, Mortgagee, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia to remove or destroy the said vessels and structures situate near Fallsview Drive (L.R.I.S. Number 33084) in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Imperial Investments Limited, Owner, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia and Dover Mortgage Corporation Limited, Mortgagee, a body corporate with Head Office in the County of Halifax, Province of Nova Scotia. I ,. y Councillor Rogers asked the status of negotiations to acquire the subject property to which Mr. Clark replied that negotiations have been postponed until action is taken with respect to the 1925 Building Act. Discussion ensued regarding the anticipated cost of removing the vessels and structures and the condition of the property insofar as stability is concerned. Question being taken, the motion was carried. . Mr. Fred B. DeWitt of 148 Clover Court appeared before Council to discuss the installation of a chain link fence at the back of Lancaster Arena parking lot which borders on his property and, having apprised Council of his 1986 and 1987 discussions with City staff in this regard, explained that his problem involves pedestrian traffic over this property to gain access to and from the City ball fields,' arena and tennis courts, late-night noise resulting from those who remain after ball games, etc., and garbage which blows onto his property and into the ditch from the parking lot. Mr. DeWitt expressed concern with respect to the open parking lot which accommodates hundreds of vehicles and persons at times and requested that Council consider the possibility of installing a fence in the area concerned. .... ~ 264 Discussion ensued regarding whether or not it was necessary to re-zone the Lancaster Arena property to accommodate its construction, the Arena's practice of dumping its ice shavings at the rear of the property adjacent to the dwellings, the frequency of Police patrols of the area, and the number of homes directly affected by the pedestrian traffic, following which the Mayor advised Mr. DeWitt that Council would consider his presentation later in the meeting. . Mrs. Heather Thibodeau addressed Council on behalf of residents of the Flecknell Avenue Subdivison concerning the extension of water and sewerage services into the area and, in noting that this matter was the subject of a petition to Council in 1986 and that the subdivision has existed for over thirty years, referred to the previously-submitted maps and noted that an extension of 1200 feet to the sewer line at the rear of Champlain Heights will bring the service to the area. Mrs. Thibodeau apprised Council of the Board of Health's conclusion that the sewerage running onto Boylan Road in the subdivision poses a health hazard and that, although water testing indicates that the water is currently good, there could be a problem within a few months in view of the fact that there are 18 septic tanks on one road and the ground is saturated with no additional seepage available to accommodate the septic tanks. Mrs. Thibodeau noted that the residents' request for water and sewerage services in the area was refused in the 1987 budget and requested that, as such services are definitely needed, they be provided. I I Discussion ensued regarding the distance the water line extends into the Subdivision, the residents' efforts in 1986 to dig new trenches and install piping which did not resolve the problem, the size of the lots in the Subdivision and the existence of 6 septic tanks in one acre of land, the topography of the area, City staff's estimate of $103,000.00 and $153,000.00 for water and sewerage extension, respectively, and Mrs. ThibOdeau expressed the understanding that Provincial funding is available to assist in the extension of services. The Mayor advised that Council will consider this presentation later in the meeting. . Consideration was given to a letter from Mayor Wayne submitting a letter from Director of Entries for the Halifax Natal Day Parade to be held Saturday, August 1, 1987, inviting the City of Saint John to place an entry in the Parade. Councillor Knibb proposed a motion, which was not seconded, that the above letter be received and filed and the Mayor noted that the City Manager would like the matter to be referred to him for review. On motion of Councillor MacDougall J Seconded by Councillor Gould RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor MacDougall Seconded by Councillor Knibb RESOLVED that the letter from Councillor MacDougall noting that, although Council was informed that it would, of necessity, have to wait for an announcement on the date the provincial budget was introduced into the House in order to have a response with regard to the timing of an announcement of the surgical cardiac unit, this did not happen; expressing the opinion that, as the City of Saint John is almost continuously without the services of a public health medical officer, the delay in appointing at least a part-time medical health officer is not only inexcusable but borders on negligence; suggesting that, as the matter of a new hospital for the care of mental patients was and is the responsibility of the Provincial Government, a decision is long overdue with regard to the future care of the mental patients, the mental health clinic and the psychiatric services presently at the Regional Hospital and the WoodS-Gordon report needs a provincial Government response now; and recommending that all Members of the Legislative Assembly in Charlotte, Saint John and Kings Counties be asked for a written response to these three questions and the replies be made public -- be received and filed and the recommendation adopted. . J .-r-~"'" During discussion Councillor Knibb expressed concern with the timing of the above requests in view of the anticipated Provincial election and his opinion that the City should be speaking in a non-partisan voice with respect to the cardiac unit; however, with regard to the public health officer, he sees no problem with that request as the City is due this officer; Councillor Schermerhorn suggested that the Mayor could discuss these matters with those concerned and report to Council; and Councillor Davis, a member of the Saint John Regional Hospital Board, suggested that Council should discuss such matters with the Board. ~. Question being taken, the motion was carried. (Councillor Davis withdrew from the meeting.) On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Knibb regarding his informal request in Committee of the Whole ~ JI"'" 265 to Recreation and Parks that senior high school students be involved in the preparation of the report on the future of Rockwood Park and recommending that it is appropriate in open session of Council to formally request City staff to instruct the consultants to undertake a survey of a sample of students from all the senior high schools in the City to find out the priorities that they have for facilities in Rockwood Park, and any innovative ideas that they may have -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. I The Mayor suggested that the letter to her from Mr. Eric Cannon (copies of which were distributed to Council members earlier this date), regarding the planning and feasibility study of Rockwood Park, should be forwarded for consideration to the Rockwood Park committee. On motion of Councillor Rogers "- Seconded by Councillor MacDougall RESOLVED that the above-mentioned letter be referred to the group carrying out the Rockwood Park planning and feasibility study. Question being taken, the motion was carried. -I On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk on behalf of the City be authorized to sign all necessary documentation to obtain registration of the Chess Festival Logo under the Trade Marks Act and further that the City engage a patent agent to prepare and prosecute an application and that all fees necessary to register the said trademark be paid by the City. Question being taken, the motion was carried. . (Councillor Davis re-entered the meeting.) On motion of Councillor MacDougall Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk on behalf of the City be authorized to make all the necessary applications to the Registrar of Partnerships, Corporate and Trust Affairs, Department of Justice, and the City pay all necessary fees to register the names and styles of business World Chess Festival and World Blitz Championship. Question being taken, the motion was carried. 1- ,/~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a letter from the Deputy Commissioner of Finance regarding the CFL Game to be held in Saint John on June 6, 1987, recommending that Council give approval to the items listed in the Deputy Commissioner's letter as follows: (1) the City of Saint John hereby agrees to host a CFL Game on June 6, 1987, (2) the City undertake to provide an organizing committee with a budget of $15,000.00 to cover the cost of staging the game, with such cost to be recovered from ticket sales proceeds and (3) funds to be charged against this budget only upon the approval of the Deputy Commissioner of Finance -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn I 1--" I " Seconded by Councillor Rogers RESOLVED that the letter from the City Manager advising that twelve student positions of the fifteen applied for under the Challenge '87 - Summer Employment/Experience Development program have been approved; submitting copies of seven of the Challenge '87 program contracts for Council approval and execution by the Mayor and Common Clerk; advising that the remaining five positions are with the Police Force and will be fowarded under separate cover for Common Council approval; and recommending_that'approval'be given to employ seven students in accordance with the terms of the submitted employment contracts -~ be received and filed and the recommendation adopted. Question being taken, the motion was carried. I The Mayor acknowledged with appreciation the efforts on behalf of the City of The Honourable Gerald Merrithew, Federal Minister of State for Forestry and Mines; and The Honourable Nancy Clark Teed, Provincial Minister of Health and Community Services, with regard to the above program. On motion of Councillor MacDougall Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John express apprec'iation to The Honourable Gerald Merrithew, Minister of State for Forestry and Mines; and The Honourable Nancy Clark Teed; Minister of Health and Community Services, for their efforts on behalf of the City with respect to the approval of student positions under the Challenge '87 - Summer Employment/Experience Development Program. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the following summer schedule of Common Council meetings be approved:- Monday, June 8 at 7 00 M d J 22 t 7 00 : p.m.; on ay, une a : ~ .., 266 p.m.; Monday, July 6 at 7:00 p.m.; Monday, July 20 at 7:00 p.m.; Tuesday, August 4 at 7:00 p.m.; Monday, August 17 at 7:00 p.m.; Monday, August 31 at 7:00 p.m.; and Tuesday, September 8 at 4:00 p.m. Question being taken; the motion was carried. '. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the Quarterly Report of the Market Square Parking Garage, submitted by The Market Square Corporation, be received and filed. On motion of Councillor Schermerhorn ~ 'I ~ Question being taken, the motion was carried. Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting a copy of the presentation given by the Commissioner of Environment and Infrastructure Services to the Cities of New Brunsswick Association meeting in Moncton on May 2, 1987 -- be received and filed. Question being taken, the motion was carried. I' On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to the request of Miss Nora Cole for correction of a drainage problem resulting from sidewalk construction on Sydney Street, which was referred by Council on February 16, 1987 for investigation and a recommendation, staff has assured Miss Cole that corrective action is being taken this spring to remove an area of asphalt sidewalk, lowering the grade and replacing the asphalt at an estimated cost of $800.00 -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn City Manager, authority be granted namely:-- Standard Paving Maritime Limited - supply - supply - supply - supply - supply Seconded by Councillor Knibb RESOLVED that as for payment of the recommended by the following invoices, of of of of of asphalt asphalt asphalt asphalt asphalt April 1-7, 1987 April 8-14, 1987 April 15-21, 1987 April 22-28, 1987 April 29-May 5,1987 $8,275.08 9,157.84 4,868.52 8,415.78 8,459.01 '( ^ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Germain Street Reconstruction Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 16 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated May 5, 1987 Final holdback release, representing the City's final position on the contract pending a possible arbitration of a matter in dispute concerning excavation quantities for which the contractor is claiming $4,927.00. . $722,667.70 647,546.81 Nil 639,087.91 $ 8,458.90 Question being taken, the motion was carried. J, ? {; On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 101-4 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", with respect to earthquake provisions, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I~ The by-law entitled, "By-Law Number C.P. 101-4 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its, entirety. Question being taken, the motion was carried. . ~ JI"'" 267 Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports I Your Committee begs leave to report that it sat on May 4, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Rogers, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. That the letter from the City Manager advising that, when it became apparent that time was too short to develop the necessary consensus and funding for a semi- permanent stage adjacent to North Market Wharf, staff entered into discussions with the previous stage operators, namely, Messrs. Paul Grannan and Gerald Lowe, to see if a more acceptable and more controlled band stage could be worked out which led to the submitted Letter of Agreement for 1987; also advising that the stage this year will be smaller and open and will be available for use for events sponsored by Market Square Development, the City or other organizations -- be received and filed and approved. I 2. That as recommended by the City Manager, (1) the City re-enter and repossess the land at 135 Elliott Row, known as Lot 277 Prince Ward, for non-payment of ground rent, and (2) the Common Council resolution of September 24, 1984, authorizing the sale of the land to Mr. A. Hogenbirk, be rescinded. . 3. That as recommended by the City Manager, (1) expropriation procedures be started to acquire from Tritor Developments Limited the land shown as Parcels "A", "B", "C", "D" on a plan titled "Tritor Developments Limited Subdivision" prepared by Kierstead Survey Ltd. and dated February 26, 1987, the land being required for the widening of Westmorland Road and (2) expropriation procedures be started to acquire from Irving Oil Company Limited the land shown as parcels "E" and "F" on plan titled "Irving Oil Company Limited Subdivision" prepared by Kierstead Surveys and dated February 26, 1987, the land being required for the widening of Westmorland Road. ' May 11, 1987, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that section 1 of the above report be adopted. l Councillor Knibb expressed disagreement with condition number 6 in the submitted letter of agreement on the basis that the 11:30 p.m. curfew on Friday and Saturday nights is an unreasonably early restriction on the enthusiastic enjoyment of some of the City's young people and suggested that this should be reconsidered during negotiation with those concerned. Question being taken, the motion was carried with Councillor Knibb voting "nay." On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that section 3 of the above report be adopted. I, Question being taken, the motion was carried. -. (Councillor Schermerhorn re-entered the meeting.) On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee advising that, although there is an underlying commitment that the major form of residential development should be fully serviced with municipal water and sanitary, there is opportunity on a limited basis for development on private well and septic systems; noting that development since the approval of the Municipal Development Plan in 1973 has not occurred at the rate envisaged and, as the Plan defines areas where this unrealized development should have occurred, the policies in the Plan have been the subject of unwarranted attack; expressing the opinion that the basis of the Plan that the major portion of development in the City should occur on full municipal services still remains valid and the questions to be considered at this time are where and at what scale the limited unserviced development should occur; expressing support to Council in its move to review the policies of the Municipal Development Plan and suggesting that any proposed changes, prior to servicing issues being addressed, should be kept to an absolute minimum and if possible not permitted -- be received and filed with appreciation. - I .~ .'- ~ .., 2,68 Councillor Schermerhorn suggested that Council should request a teach-in in Committee of the Whole with the Department of Health which approves septic tank installation in order for Council to be familiarized with problems experienced by the Department and what the Department can or cannot do to overcome marginal situations. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb . RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan of Scott Brothers Ltd. Subdivision, 1120 Loch Lomond Road, showing the water main and storm sewer easements. ~I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the 1986 Annual Report of the Canada Games Aquatic Centre Commission be received and filed with appreciation. 'I Councillor Schermerhorn noted that the 1986 deficit is lower than that experienced in 1985, and Councillor 'Davis, a member of the Aquatic Centre Commission, commented on the Commission's efforts in an attempt to have the Canada Games Aquatic Centre better utilized. Question being taken, the motion was carried. The Mayor asked Council to consider at this time the presentation earlier in this meeting of Mr. Fred B. DeWitt with respect to fencing at the Lancaster Arena parking lot and called for a motion to refer this matter to the City Manager for a report at the next meeting. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the presentation of Mr. Fred B. DeWitt regarding fencing at the Lancaster Arena parking lot be referred to the City Manager for a report at the next Council meeting. Question being taken, the motion was carried. On motion of Councillor MacDougall >'I~- r Seconded by Councillor Rogers RESOLVED that the presentation of Mrs. Heather Thibodeau regarding water and sewerage services in the Boylan Road-Flecknell Avenue Subdivision be referred to the City Manager for a report at the next Council meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the joint letter from The Honourable Nancy Clark Teed, Minister of Health and Communtiy Services, and The Honourable David R. Clark, Q.C., Minister of Justice, regarding Common Council resolution of February 23, 1987 which requested the Ministers to give their very careful attention to the John Howard Society's proposal to place a group home in the Josselyn Subdivision and to reconsider this proposed placement; expressing the opinion that a three-month moratorium on the opening of this home would do nothing to improve the current situation and noting that the other successful group homes for young offenders in the Province also faced initial opposition but have now been accepted in their communities -- be received and filed. .i On motion of Councillor Schermerhorn I' j.~ . ;- r Question being taken, the motion was carried. Seconded by Councillor Knibb RESOLVED that the letter from the N.B. Antique Auto Club requesting that, with respect to the 20th Annual Provincial Car Show to be held on July 18 to 19, 1987, the rent charge for Simonds Arena be minimized or forgiven altogether for this event with the committee will look after clean-up or any other areas the City might require to reduce the Club's costs, and concluding that, as the Club must get on with advertising commitments, it must know if the City is to financially assist it with this Loyalist Days project -- be referred to the grants committee. ~I .,." r""o.. /~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Grace E. Forster suggesting that, as a tree-planting project, the Forestry . ~ JI"'" 269 Department, for example, could be asked to grow and supply enough tree seedlings for grade one school children to plant -- be referred to the Arbour Day Committee for evaluation and comment, and a copy be forwarded to the District Number 20 Board of School Trustees. .~ Question being taken, the motion was carried. Read a letter from Youth With A Mission requesting a donation of flags and flag poles to accommodate this group during a summer tour of the Maritimes and for its Loyalist Days presentation. I Councillor Schermerhorn proposed a motion, which was not seconded, that the above request be referred to the grants committee whereupon the Mayor suggested that this matter should be referred to the City for a report on the cost. Councillor Knibb advised that he has investigated the cost which is minimal and asked Council to leave the matter with him. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the request of Youth With A Mission for a donation of flags and flag poles be received and referred to Councillor Knibb. Question being taken, the motion was carried. The Mayor advised that, as the City is permitted three voting delegates to the forthcoming meeting of the Federation of Canadian Municipalities, she has forwarded Councillor Flewwelling's name as well as her name and that of Deputy Mayor Gould, the latter two having been approved at Council's last meeting. . Councillor MacDougall expressed appreciation to Mrs. Constance Erb,Special Assistant to the Minister of State for Forestry and Mines, for her efforts in the retention of the prosthetic services at the Saint John Regional Hospital. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John express appreciation to The Honourable Gerald Merrithew, Minister of State for Forestry and Mines; and Mrs. Constance Erb, for their efforts in the retention of the prosthetic unit at the Saint John Regional Hospital. Question being taken, .the motion was carried. On motion of Councillor Knibb . L , Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~rg~rd ~ A ~ ~ --- :1, , . . ~ 270 ~ of Saint At a meeting of the Common Council, held at the City Hall in the City John, on Tuesday, the nineteenth day of May, A.D. 1987, at 4:00 p.m. present Arthur L. Gould, Esquire, Deputy Mayor Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - -.r---. Messrs. R. S. Clark, City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; C. E. Nicolle, Director of Recreation and Parks; C. Breen, Deputy Chief of Police; R. McDevitt, Fire Chief; J. Levesque, Director of Communications and Public Relations; Ms. Y; Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. C. Joyce, Assistant Common I ' Clerk; and L. Linton, Secretary. The meeting opened with a silent prayer. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on May 11, 1987, be approved. Question being taken, the motion was carried. Councillor Vaughan noted that Participation Day is being held on May 27, with Saint John having been challenged by Peterborough, Ontario, and encouraged all citizens to join in the activities, and Councillor Schermerhorn commented on his attendance at the Arbour Day tree planting held at schools throughout the City. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John commend the members of the Arbour Day Committee for the success of the 1987 tree-planting program. Question being taken, the motion was carried. Councillor Knibbnoted that the Canada/United States Olympic Qualifying Soccer Game will be held on May 23' at the Jeux Canada Games Stadium. .... (Councillor Rogers entered the meeting during the foregoing discussion.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the low tender in the amount of $7,770.00, as submitted by Paul's Trucking & Demolition Company Ltd., be accepted for the demolition of the building located at 29 and 31 Leinster Street (L.R.I.S. Numbers 9840 and 9472), conditional on the Department of Supply and Services written acceptance of the tender. Question being taken, the motion was carried. The Deputy Mayor advised that the City Manager has requested that the letter regarding the tender for tires and tubes be withdrawn. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding the tender for tires,and.tubes be withdrawn from the agenda. Question being taken,~the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding the matter of a town crier, which was considered in open se~sio~ on May 4 and in Committee of the Whole on May 11, 1987; submitting the crlterla for the position of Town Crier for the City of Saint John and the suggested rules and regulations for the proposed contest, and recommending that the City accept the offer of Loyalist Days Inc. to stage another competition for Town Crier and that the associated advertising costs and the Crier's annual expenses be assumed by the City, which is estimated to not exceed $4,000 per annum -- be received and filed and the recommendation adopted. . I ~ I: . ~. ..---.p ~ . ~ ,. ~ /' , '" "'-, I~'". '.' .'~- ~ . ~ JI"'" 271 .' Councillor M. Vincent questioned the provision in the suggested rules whereby the judges' decision is subject to the Mayor's approval to which Mr. Clark expressed the understanding that the Town Crier is historically appointed by the Mayor and that the judges would make the choice and the Mayor would make the appointment. "nay" . Question being taken, the motion was carried with Councillor M. Vincent voting I Consideration was given to a letter from the City Manager regarding the Mahogany Heights Subdivision, which was approved by Common Council on April 13, 1987, submitting an application for GRIP funding, the initial grant having been estimated at $226,772.00, with the final amount of the grant to be known only upon completion of the projects, submissions of final assessment and payment of the municipal services cost-sharing funds, and recommend- ing approval of the grant. On motion of Councillor Knibb , Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council approve a grant through the Greater Residential Incentive Program, estimated at $226,772~00, in favour of Mahogany Heights Developments Inc. for Mahogany Heights, and that the Mayor and Common Clerk be authorized to execute the GRIP Agreement. .Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor MacDougall RESOLVED that the letter from the City Manager regarding Sand Cove Estates, for which Council approved on May 5, 1986 a GRIP grant estimated at that time to be $160,500.00; advising that the final amount of the grant, which is $244,056.00, exceeds the amount originally estimated for the main reason that the building permit value is used to calculate the estimated grant and, in this case, the assessment per townhouse exceeded that value of about $16,000.00 per unit; and recommending that Common Council approve the payment of $244,056.00 to Sand Cove Heights Inc., representing the final amount of the GRIP Grant applicable to the Sand Cove Estates project -- be received and filed and the recommendation adopted. Responding to a query from Councillor A. Vincent, Mr. Todd advised that completion of landscaping is not a requirement of the GRIP agreements, although there is a requirement that the site be prepared for landscaping, and Mr. Clark advised that the inclusion of landscaping in GRIP agreements will be taken into consideration for future agreements. Question being taken, the motion was carried. On motion of Councillor Knibb . ~r; Seconded by Councillor Flewwelling RESOLVED that the letter from the Chief of olice submitting copies of the Challenge '87 - Summer Employment/ Experience Development rogram contracts for five positions for the Police Force, consisting of four police adets and one administrative clerk, which require Council approval and execution by the ayor and Common Clerk, and recommending that approval be given to employ one administrative lerk and four police cadets for the summer of 1987 in accordance with the terms of the ubmitted employment contract -- be received and filed and the recommendation adopted. Discussion ensued regarding the cadet program being implemented by the Saint ohn Police Force and the place of residence of the applicants. . "nayll. Question being taken, the motion was carried with Councillor M. Vincent voting On motion of Councillor Knibb , Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law umber C.P. 100-104 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar s it concerns re-zoning a parcel of land containing approximately 4 acres, located about 00 feet east of Old Black River Road and about 400 feet north of Goldsworthy Road (L.R.I.S. umber 337097 and portions of L.R.I.S. Numbers 336842, 337873, 337287, 339598 and 422022), rom uRF" Rural to "RS-IM" One- and TwO-Family and Mobile Home Suburban Residential lassification, be read a third time and enacted and the Corporate Common Seal be affixed hereto. J~ The by-law entitled, "By-Law. Number C.P. 100-104 A Law To Amend The Zoning By- aw Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. -I "' !\ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To end A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint ohn", with respect to closing a portion of the following highway:- OODLAWN AVENUE (portion): All that certain lot, piece or parcel of land situate, lying nd being a portion of Woodlawn Avenue in the City of Saint John, County of Saint John and rovince of New Brunswick being bounded and described as follows:- . Beginning at a point being the intersection of the northern sideline of Woodlawn Avenue and the western sideline of Jardine Street, the said point of beginning being the southeastern corner of a lot of land, now or formerly owned by K. Susan Winter, having P.I.D. Number ..... ~ 272 55042931; thence continuing in a southerly direction from the point of beginning, along a prolongation of the aforementioned western sideline of Jardine Street a distance of thirty (30') feet; thence in a westerly direction and parallel with the northern sideline of Woodlawn Avenue a distance of sixty (60') feet; thence in a northerly direction a distance of thirty (30') feet to the aforementioned northern sideline of Woodlawn Avenue; thence following along the northern sideline of Woodlawn Avenue in an easterly direction a distance of sixty (60') feet to the place of beginning, the said lot having an area of 1,800 square feet /. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping. Up And Closing Of Highways In The City Of Saint John", was read in its entirety. t Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Federation of Canadian Municipalities noting that, as indicated in the submitted documentation, the City of Calgary, host of the 1988 Winter Olympics, is providing an opportunity for all members of the Federation to establish a presence at Canada's first Winter Games by mounting a photograph of the Saint John community life to be displayed during the Olympic Festival be referred to the City Manager for a recommendation to Council. I Question being taken, the motion was ca~ried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from The Elizabeth Fry Society of Saint John, which has recently been established in Saint John for the purpose of offering support to girls and women in conflict with the law, expressing agreement with the concept of group homes and requesting to have representation on the committee formed to study the matter of group homes for young offenders -- be received and filed. Councillor Knibb suggested that, although the group home committee is established, the Society's membership should be considered, and during discussion Councillor Schermerhorn clarified that his proposed motion is on the basis that the committee regarding group homes has already been formed; however, this does not preclude The Elizabeth Fry Society from making representation to the group home committee. ,~. "j ~ - - Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Dr. Barbara L. Iftody for an amendment to Common Council resolution of October 22, 1979 with regard to the zoning conditions of property at 70 Leinster Street -~be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 22, 1987. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mr. Eric L. Teed, President of the N.B. Branch of the United Nations Association In Canada, advising that the Branch is seeking to develop ways and means to establish a better relationship between Canada and other nations and feels that the concept of "twinning" could be a major'benefit to the City of Saint John if it could develop a program of being twinned with a city of comparative size in each of the countries which are members of the United Nations, and offering to meet with representatives of the City appointed by Council to discuss pursuing this concept further --be referred to the City Manager. ,1 ;~-, - . ; Question being taken, the motion was carried. On motion of Councillor Schermerhorn ,~ Seconded by Councillor Vaughan RESOLVED that the letter from Robert Nash and Jocelyn Roy advising that they are experiencing extreme difficulty with their property at 15 Upland Road being used as a through- fare and sometimes an extension of the apartment buildings adjoining their property and feel that, as tax payers, the rights and privileges that normally come with ownership of property are being denied them, and requesting assistance in this matter -- be referred to the City Manager and staff for investigation and a report.to Council. . ~ ~ 273 Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I I . . ~ I} I . ~ l/4 ~ At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of May, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - Messrs. N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Acting Director of Planning; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; J. Levesque, Director of Communications and Public Relations; B. Sheridan, Assistant Director of Parks; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend K. A. Thomson of Carleton-Kirk United Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on Tuesday, May 19, 1987., be approved. Question being taken, the motion was carried. Deputy Mayor Gould commented on his attendance at the 100th birthday celebration of Central Trust Company, and Councillor Flewwelling, in noting that the recently-erected bandstand in the Market Slip area is in such close proximity to the 26th Battalion memorial thereby making it impossible for the June ceremony to be held in front of the memorial, requested staff to take action to possibly turn the memorial to face the other direction. Councillor Flewwelling expressed concern that, although other cities in Canada are included in the En Route magazine, Saint John's summer activities are not mentioned in the Air Canada publication whereupon the Mayor suggested that a motion is in order for a letter in this regard to be forwarded to the President of Air Canada. On motion of Councillor Flewwelling Seconded by Councillor MacDougall RESOLVED that a letter be forwarded to the President of Air Canada regarding the above matter. Question being taken, the motion was carried. Councillor Flewwelling asked that the City Manager's letter regarding an ice cream kiosk at Reversing Falls (copies of which were forwarded to Council members as an information item) be added to the agenda, and the Mayor asked that two items which were considered in Committee of the Whole earlier this date, namely, the City Manager's letter regarding Halifax Natal Day parade participation and Mr. K. L. Mallory's request for an amendment to Common Council resolution of May 11, 1987, also be added to the agenda for consideration at this meeting. On motion of Councillor Flewwelling Seconded by Councillor MacDougall RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Knibb extended congratulations to Mr. J. Wagstaff, a Saint John High School Teacher, who was honoured on May 23, 1987, by Northern Telecom Canada Limited and the Atlantic Council for the Sciences, having been selected as the Outstanding Science Educator for .1987. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John express congratulations to Mr. J. Wagstaff on having been selected as the Outstanding Science Educator for 1987. Question being taken, the motion was carried. Councillor Rogers commented on the forthcoming telethon of the Sir Izaac Walton Killam Hospital for Children, Halifax, Nova Scotia. . i I . /1 , . L ~ l ~_.~ . ~ lI""'" 275 Her Worship the Mayor welcomed to the Council Chamber Mr. Rolf Spangenberg, Chairman, and members of the Participaction Committee, and, following a video presentation of the City of Peterborough, Ontario's challenge to the City of Saint John, Mr. Spangenberg commented on the activities scheduled for the May 27, 1987 Participaction Day Challenge in Saint John. . (Councillor A. Vincent entered the meeting during the foregoing presentation.) I Councillor Schermerhorn, Chairman of the Labatt's Lite 24-Hour Relay Race, to be held August 8 and 9. 1987 at UNBSJ, advised that there are 100 teams registered for this August 1987 event, compared to 60 teams in 1986. Her Worship the Mayor, in noting that the Canadian Soccer Team won the May 23, 1987 Canada/United States Olympic Qualifying Soccer Game in Saint John, commented on an undertaking by Moosehead Breweries Limited, the Canadian team's local sponsor, and the local soccer group chaired by Mr. John McCoy, to send a telegram to the Canadian Team which will compete in the second match on May 30, 1987, and suggested that a motion of Council is in order expressing appreciation to Messrs. John McCoy, Derek Wisdom and Patrick Darrah, members of the local organizing committee. (Councillor MacDougall withdrew from the meeting during the foregoing comments.) I On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John express appreciation to Messrs. John McCoy, Derek Wisdom and Patrick Darrah for their efforts in organizing the May 23, 1987 Canada/United States Olympic Qualifying Soccer Game. Question being taken, the motion was carried. . The Mayor noted that, for the first time in many years, the Port of Saint John will be the regular Port of Call for a cruise ship, the M.V. Jason, which will arrive in the Port on May 26, 1987 and depart on May 31, 1987 on its maiden voyage from Saint John; noted that the 1988 World Chess Festival will be featured during the May 27 Participaction Day activities; advised that the tickets for the June 6 CFL Game will go on sale on May 26; and read proclamations declaring (a) June 1987 to be Tourette Syndrome Awareness Month, this being a neurochemical disorder affecting the central nervous system, (b) May 27 to be Participaction Challenge Day, (c) May 25 to 29 to be Hire a Student Week, (d) May 25 to 29 to be Physical Education Week, (e) the week ending May 31 having been declared the Duke of Edinburgh's Award Week in New Brunswick, urged all citizens to support the local group and (f) May 25 to 31 to be Hemochromatosis Awareness Week, this being a crippling and potentially-fatal disease if left untreated. IL The Mayor welcomed to the Council Chamber members of the 8th Courtenay Scout Troop from St. James Anglican Church and briefly explained the Council meeting procedures. Councillor Vaughan, a member of the Saint John Sports Hall of Fame Committee, noted that the first Annual Dinner of the Hall of Fame will be held on May 28, 1987, and the Mayor expressed appreciation to the Council members and the citizens who assisted in welcoming a delegation from the City of Bangor, Maine, U.S.A., to Saint John. . The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building located at 691 Somerset Street, from Medium Density Residential to Light Industrial classification and (b) re-zoning the same parcel of land from "P" Park to "I-I" Light Industrial classification, to place in industrial designation and zoning all of the property utilized by the existing industrial business, as requested by Shamrock Truss & Components Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee recommending that a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building located at 691 Somerset Street be (a) redesignated on Schedule 2-A of the Plan from Medium Density Residential to Light Industrial and (b) re-zoned from "P" Park to "I-I" Light Industrial classification. I, On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building located at 691 Somerset Street, from Medium Density Residential to Light Industrial classification, be read a first time. J Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- Law". Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building located at 691 Somerset Street, from Medium Density Residential to Light Industrial classification, be read a second time. ~ .., 276 Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building located at 691 Somerset Street, from uP" Park to "I-I" Light Industrial - classification"be read a first time. '1\ Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By~Law of the City of Saint ~ohn, insofar as it concerns re-zoning a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building at 691 Somerset Street, from "P" Park to "I-I" Light Jndustrial classification, be read a second time. I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be : received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal . Development Plan, ~n area of land containing approximately 25 acres, being parts of L.R.I.S. Numbers 37B505 and 428664, located on both sides of Falls View Avenue, from Open Space to Low Density Residential classification, to permit the re-zoning of the area to "R-2" One- and Two-Family Residential classification, to facilitate the residential development of the area, as requested by Murray & Gregory Limited. /11I The Mayor asked if the above-proposed amendments would have any bearing on the City's expropriation proceedings with respect to property in the Falls View Avenue area to which Mr. Bedford replied that such property is not included in that above and Mr. Rodgers advised that, from the facts presented above,. he is not aware of any effect the proposed amendments would have on the expropriation proceedings. Mr. Barry Ogden of the Saint John Trojan Rugby Club addressed Council regarding the Club's "Adopt A Lot" project whereby a challenge is issued to other sports groups and service clubs in the City to choose an area of land to clean-up thereby improving the City's appearance, and requested permission for the Saint John Trojan Rugby Club to clean up the property on the corner of Chesley Drive and Hilyard Street, as shown on the maps he distributed at this time, which would include, with the Club's own time and funds, planting a flower garden and trees and putting in a walkway. Mr. Ogden suggested that the challenge issued could be carried out through the City so that groups interested in improving a lot could make the necessary arrangements through City staff, and advised that July 11, 1987 is the date selected by the Club to carry out this project. Mr. Odgen clarified that the Club does not want to take away any work which would normally be carried out by City employees, requested permission for the Club to enter the lot on the corner of Chesley Drive and Hilyard Street on July 11 to carry out the project, and challenged other groups in the City to do likewise with other properties in the City. . I The Mayor suggested that Mr. Odgen should meet with Messrs. Robichaud and Sheridan and Councillor Vaughan noted that lots of land, other than those owned by the City, could also be selected by groups. The Mayor thanked Mr. Odgen for his presentation and re-iterated that this project should be co- ordinated through Messrs. Robichaud and Sheridan. ,( :~ On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting a copy of the Final Audited Statements of The Saint John 1985 Canada Summer Games Society, Inc. -- be received and filed with appreciation. Question being taken, the motion was carried. . ~ JI"'" 27.7 n mo l.on 0 ouncl. or c ermer orn . Seconded by Councillor Rogers RESOLVED that the Fire Department Pipe Band be asked to participate in a parade in the Village of Hampton on August 1, if possible, with the City to assume any costs: AND FURTHER that the Halifax Natal Day committee be notified that the City of Saint John will not be entering a float in the Natal Day Parade on August 1. Question being taken, the motion was carried. 'I On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that the request of K. L. Mallory Insurance Agency Ltd. for an amendment to Common Council resolution of June 18, 1973, as amended on May 11, 1987, with regard to the conditions of re-zoning of property at 93 Loch Lomond Road, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 22, 1987. > I Councillor Schermerhorn expressed opposition to the above motion on the basis that Council is acting prematurely as Mr. Mallory has not submitted an application nor the applicable fee for the requested amendment thereby circumventing the system, and the Mayor advised that Mr. Mallory will be contacted on the morning of May 26 following which his application will not proceed without receipt of the necessary fee. (Councillor Vaughan withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillors Davis, MacDougall and Schermerhorn voting "nay". . Consideration was given to a letter from the City Manager advising that staff has reviewed the question of a possible ice cream kiosk at Reversing Falls and believe that, in principle, an ice cream kiosk would be an asset to the tourists visiting the area, particularly those with young families; however, the kiosk would need to be an attractive building to complement the existing park, Tourist Bureau and Restaurant in view of the funds which have been expended to create a first-class environment; also advising that Mr. George Maniatis, the owner of the Restaurant, is of the opinion that any establishments such as this would detract both from business and the general surroundings of this area and that there is one other problem, namely, it might be costly for a seasonal business on the basis that, if the kiosk sells ice cream in cones, water, sewerage and electricity is needed; and concluding that the proponent of the kiosk is looking into these problems and will advise further if he still wants to proceed at which time staff will look at the design and location of the building. t~ " ....... Councillor Flewwelling expressed the opinion that an ice cream kiosk would destroy the area and could set a precedent for other such establishments. On motion of Councillor Flewwelling Falls not be allowed. Seconded by Councillor Davis RESOLVED that an ice cream kiosk at Reversing . The Mayor proceeded to call for the question on the above motion whereupon Deputy Mayor Gould rose to a point of order on the basis that discussion appeared to be in order following which Councillor Rogers expressed support to affording this opportunity to an entrepreneur and Councillor Flewwelling re-iterated his concern in this regard. Question being taken, the motion was lost with the Mayor and Councillors Gould, Knibb, Rogers and Schermerhorn voting "nay". On motion of Councillor Gould I Seconded by Councillor Rogers RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the motion was carried with Councillors Flewwelling and MacDougall voting "nay". (Councillor Vaughan re-entered the meeting.) (The Mayor withdrew from the meeting due to a possible conflict of interest whereupon Deputy Mayor Gould assumed the chair.) l Deputy Mayor Gould noted that the City Manager's report concerns the tender for tires and tubes, Council having been provided with a revised report in Committee of the Whole earlier this date. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager regarding the tender for tires and tubes be laid on the table for two weeks due to the recent changes therein which were presented to Council in Committee of the Whole earlier this date. . ~ 278 Councillor Knibb noted that staff has had difficulty reconciling a problem resulting from one major supplier submitting one tender while several of this supplier's dealers in Saint John also submitted tenders. Question being taken, the tabling motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) '. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 87-2, St. Andrews Street water and sewer, be awarded to the low tenderer, Nautilus Construction and Rentals Limited, at the bid price of $145,845.20, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Question being taken, the motion was carried. .>'~n motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by ,the City Manager, (1) the tenders of Paul & Bruce Martin Ltd. and Angus Melanson Ltd. for contract 87-3, Sand Cove Road water renewal, be declared informal for the reasons indicated in the submitted report, (2) contract 87-3, Sand Cove Road water renewal, be awarded to the lowest formal tenderer, being Que-Mar Construction (Maritimes) Ltd., at the bid price of $64,784.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that as recommended by the City Manager, contract 87-4, Concrete work 1987 - Contract 1, be awarded to the low tenderer, Manatee Ltd., at the tendered price of $416,269.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the request of Ronald and Barbara Chipman, which was considered by Council on April 13, 1987, for water and sewerage services to be installed at the residence of Mrs. and Mrs. Kenneth Chipman at 305 Sandy Point Road; advising that tax records indicate that the property is owned by Mary K. Burchill and is located on "Old Sandy Point Road" as shown on City Survey Sheet #103 prepared by the Deputy Land Surveyor in 1924; also advising that, in order to provide this request, water and sewerage services would have to be installed in accordance with City specifications at an estimated cost of $45,000.00, with the cost to service each of the two existing dwellings on "Old Sandy Point Road" being $22,500.00; and recommending that this request be denied until such time as further development in the area makes the servicing of the two existing properties economically feasible -- be received and filed and the recommendation adopted. I /~.~~ , . Question being .taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager responding to concerns expressed by Mr. Fred B. DeWitt during his presentation to Council on May 11, 1987 with respect to the lack of lighting, parking and drinking in the parking lot after events at the Lancaster Arena, litter and pedestrian traffic crossing over his property, with his main request being that a chain link fence be constructed on City property which abuts his property at 148 Clover Court; and recommending that staff continue to deal with concerns as outlined therein, and that, to meet the buffer requirement with respect to arena parking lots, to assist in preventing litter from blowing into adjoining properties, and to discourage pedestrian traffic, a hedge be planted along the edge of the embankment on the parking lot to extend from the existing ballfield fence in an easterly direction to the end of City property which is the right- of-way leading to Barnhill School -- be received and filed and the recommendation adopted. I .J , ' ~? Mr. Barfoot explained that questions arise with respect to an appropriate placement of a fence as well as the length thereof; therefore a fence might exacerbate the problems of other residents in the area and also impede access to the ditch for maintenance purposes. Councillor Knibb suggested that, although not as esthetically attractive as a hedge, a fence would be more practical to install in terms of ground space, and Mr. Robichaud commented on the type of hedge proposed. . ~ JI"'" 279 Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Flewwelling, Knibb and A.. Vincent voting "nay". . Read a letter from the City Solicitor regarding Common Council resolution of March 23, 1987 appointing Mr. Charles Robichaud as the Chief City Engineer and authorizing the necessary amendment to reflect the present reorganization structure in the Water and Sewerage, Subdivision and Solid Waste By-Laws, submitting the proposed By-Law amendments for Council's consideration. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb / RESOLVED that the by-laws entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", and "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a first time. ,I Read a first time the by-laws entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", and "A By-Law To Amend A By-Law For The Storage, Collection And Disposal of Solid Waste In The City Of Saint John, New Brunswick". Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-laws entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", and "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", be read a second time. Read a second time the by-laws entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", and "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick". Question being taken, the motion was carried. (Deputy Mayor Gould withdrew from the meeting.) 1 ~ Mr. Rodgers advised that Mr. Bedford has brought to his attention that the above-proposed Subdivision By-Law amendment, although it does not require public advertising, does require the views of the Planning Advisory Committee prior to third reading. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the above-proposed Subdivision By-Law amendment be referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, May 19, 1987, when there were present Deputy Mayor Gould and Councillors Davis, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- I 1. That with regard to the request of the N.B. Antique Auto Club for the rent charge of Simonds Arena to be minimized or forgiven altogether for the Club's Provincial Car Show to be held on July 18 and 19, 1987, a grant in the amount of $475.00 be approved which represents a one-day rental charge at Simonds Arena. 2. That with regard to the request of Dr. Charles B. Schorn, Co-Ordinator of Fundy Coast of The Governor General's Canadian Study Conference, for the City to sponsor a dinner during the New Brunswick Study Tour's visit to Saint John on June 7 to 9, 1987, a grant not to exceed $800.00 be approved. J . 3. That as recommended by the City Manager, Carl and Catherine Blanchard be given a license to allow a sundeck on their house at 140 Dexter Drive to encroach on the sewer easement held by the City under the following terms and conditions: (1) all expenses in connection with granting the license will be the responsibility of the applicant, (2) plans of the sundeck will be approved by the Engineering Department prior to commencement of construction, (3) installation of the foundation is to be supervised by staff of the Water and Sewerage Department, (4) if the deck has to be removed to gain access to the sewer line, it will be at the applicant's expense and any damage to the deck or the house will not be the responsibility of the City and (5) the applicant will sign an agreement releasing the City from any claims that might arise from damage caused to the sundeck or persons on the deck due to stray balls from the adjoining sportsfield. ~ ~ 2dU at Councl1 approve a cash guarantee ln the amount ot ~20,OOO.OO for expenses incurred by the Canadian Team in the Canada/United States Olympic Qualifying Soccer Game to be held in Saint John on May 23, 1987, and that Council express appreciation to Mr. John J. McCoy, Chairman of the Organizing Committee, for his efforts on behalf of the City. . May 25, 1987, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 1 of the above I report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above I' report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermeirhorn RESOLVED that section'4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) the sum of $378.00 be accepted as money-in- lieu of land for public purposes with regard to the Clark and Sherry Palmer Subdivision at 67 Mellinger Crescent, (2) the road giving access to the lots be improved by the construction of a turn-around and the addition of a chipseal surface and (3) Common Council authorize the preparation and execution of a City/Developer agreement to ensure that the work mentioned in recommendation (2) is carried out. . . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to an amending subdivision plan Showing the new alignment of Asied Street. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the sum of $240.00 be accepted as money-in-lieu of land for public purposes with respect to the lot Oh Drury Cove Road shown on the tentative plan, Harold Stevens Subdivision dated April 4, 1987. I The Mayor asked why, in view of the indication in the submitted Planning staff report dated April 22, 1987 that the Department of Health has advised that the proposal is not suitable for on-site water and sewer facilities, this matter is before Council whereupon Councillor Schermerhorn noted that the submitted copy of a letter from the Department of Health, dated May 1, 1987, indicates that, as the existing mobile home is to be replaced by a house on a different location, this represents an improvement over the present sewage system and the subdivision will give the residence an independent status and, therefore, the Department has no objection to this subdivision on the basis that it will not contradict the policy of discouraging residential development with on-site services in the area. Councillor MacDougall advised that he will continue to object to matters of this nature until a public medical health officer is appointed for the City. ,Jy ,. Question being taken, the motion was carried with the Mayor and Councillor MacDougall voting "nay". . ...4 JI"'" 28J On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land shown on the submitted Tentative Plan entitled Terrace View Subdivision on condition that the land to the rear (gravel pit) of the proposed lots be rehabilitated to an extent and to a standard satisfactory to the Director of Community Planning and (2) Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement to ensure provision of the required services and compliance with conditions of approval. Mr. Bedford explained that the requirement to rehabilitate the gravel pit will be part of the subdivision agreement. Councillor MacDougall suggested that the rehabilitation of the gravel pit should occur prior to Council's approval of the proposed subdivision and proposed that the matter be tabled. The Mayor asked how long the City has been attempting to negotiate the rehabilitation of the gravel pit to which Mr. Johnson replied that this gravel pit was a problem prior to 1980 and has been an ongoing problem and suggested that the proposed subdivision presents the best opportunity the City has ever had to get this pit rehabilitated. Mr. Johnson advised that there could be a major change in the topography inasmuch as it seems that CPR is going to abandon a portion of trackage in the area which will result in fill on the site caused by CPR leaving. . .1 On motion of Councillor MacDougall Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table until the rehabilitation of the gravel pit is undertaken. . Councillor Knibb expressed opposition to tabling this matter on the basis that is unfair to expect a developer to invest funds in a major project without the assurance that it will meet with Council's support and that staff should ensure that a subdivision agreement is not executed until the conditions are met. voting Question being taken, th~ tabling motion was carried with Councillor Knibb IInayll. The Mayor advised that staff has requested that the Planning Advisory Committee's report concerning Break-Time Catering Ltd., 100 Rodney Street, is to be withdrawn from the agenda. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling , RESOLVED that the above item be withdrawn I ,J"\.. ) from the agenda. Councillor Rogers asked the reason for withdrawal of the above item to which the Mayor replied that staff has additional information which will be included in a report on the next agenda of Council. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of William Jennings, an employee of the Works Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Louis E. Murphy, MLA Saint John Harbour, suggesting that the statue of Samuel de Champlain, which is presently located in Queen Square, should be moved to a more prominent place in the centre of the City -- be referred to the City Manager and the appropriate heritage groups for a recommendation to Council. Question being taken, the motion was lost with the Mayor and Councillors Davis, Knibb, MacDougall and Vaughan voting "nay". On motion of Councillor Schermerhorn J Seconded by Councillor MacDougall RESOLVED that the letter from Mr. Louis E. Murphy, MLA Saint John Harbour, suggesting the relocation of the statue of Samuel de Champlain, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor MacDougall RESOLVED that the letter from Centres Offering Independent Lifestyles Inc. requesting that Council, in view of an impression left by the Building Inspector that the City had not been enforcing the section of the Building Code requiring public buildings to be both accessible and useable, to ascertain for the benefit of those for whom the Code serves whether enforcement has been adequate and, in those cases where it is obvious such has not been the case, what action will be taken to rectify the same -- be referred to the City Manager. Question being taken, the motion was carried. ..... ~ 2~2 On motion of Councillor Schermerhorn Mr. Michael next year's rectify the the road Seconded by Councillor MacDougall RESOLVED that the letter from Craig requesting that the paving of Sproul Road be included in budget and expressing appreciation for the City's attempt to spring thaw situation by putting gravel on the worst areas of be referred for consideration in the 1988 budget. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the letter from Mr. T. P. White regarding.submission of a photograph of Saint John to the City of Calgary, Alberta for the 1988 Winter Olympics, which was the subject of a letter from the Federation of Canadian Municipalities to Council at its last meeting, suggesting that such photograph should be specifically related to one of the great Winter Olympic sports, namely, speedskating, or an aerial view of the City -- be referred to the City Manager for appropriate consideration. I Question being taken, the motion was carried. I~ On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . ~~r~f1: ~ful'/ I ~ . I I. c . j JI"'" ~83 John, on At a meeting of the Common Council, held at the City Hall in the City of Saint Monday, the eighth day of June, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Assistant Director of Parks; J. Johnson, Building Inspector; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewer Services; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Operations; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Miss J. Creamer, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. J Lie. Paul McAfee of Main Street Baptist Church offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on May 25, 1987, be approved. Question being taken, the motion was carried. (Councillor Rogers entered the meeting.) J , Her Worship the Mayor displayed a certificate received by the City of Saint John in recognition of the City's 50th year membership in the Federation of Canadian Municipalities; expressed appreciation to The Honourable Richard Hatfield, Premier of New Brunswick, and The Honourable Nancy Clark Teed, Minister of Health and Community Services, for the placement of the proposed surgical cardiac unit in the City of Saint John; commented on the CFL Game held at the UNBSJ Stadium on June 6, 1987; and read a proclamation proclaiming June 8 to 12, 1987 to be Professional Engineering Week in the City of Saint John. Councillor Flewwelling commented on a course being operated by PRUDE Inc. to teach young people to operate television cameras, conduct interviews and work in producing television programs and commended Cable 6 Television for allowing two of the students of this course to assist in televising the proceedings of this Council meeting. Councillor M. Vincent presented a plaque to the Mayor who, in turn, presented the plaque to Councillor Vaughan who, as the Mayor's designate, won the first Mayor's speedskating challenge during the 1986-1987 Bicentennial celebration for speedskating in Canada during the Charles I. Gorman Memorial Race. . Councillor Gould asked that two items (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting as follows: a copy of a letter to the Mayor from the Airports Authority Group of Transport Canada submitting a copy of Transport Canada's new policy statement concerning a Future Management Framework for Airports in Canada, and a copy of a letter to the Mayor from Shoppers Drug Mart regarding a special presentation. The Mayor asked that a Nominating Committee recommendation, which was considered in Committee of the Whole earlier this date, be added to the agenda. On motion of Councillor Gould I Seconded by Councillor Flewwelling RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. I Councillor MacDougall commented on his attendance at the June 3 Canadian National meeting of Occupational Therapists; Councillor Rogers noted that she represented the City on June 6 at the 40th anniversary reunion of more than 100 women veterans of the Second World War; the Mayor read two letters (copies of which were forwarded to Council members as information items) commending the City for its performance in the 1987 Participation Day Challenge, one letter from the Chairman of Participaction Canada, the other letter from the Director of Special Projects of Crown Life Participaction Challenge; and Ms. Huntington-LeBlanc, at the request of the Mayor, highlighted the Total Tourist Weekend project scheduled for June 13 and 14, 1987, which is designed to create an opportunity for the residents of greater Saint John to discover Saint John with a view to their own enjoyment and to enable them to serve as ambassadors to future City guests (copies of the details of this project having been forwarded to Council members as an information item). . The Mayor referred to Common Council resolution of May 11, 1987 regarding the summer schedule of bi-weekly Common Council and, in noting the number of items on the agenda for this meeting which was broached in Committee of the Whole earlier this date, called for a motion to meet every week and reassess the situation in July. ~ ~ 284 On motion of Councillor MacDougall Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John meet every week and reassess. the situation in July 1987. . Question being taken, the motion was carried. Mr. Fred Fuller, Community Services Director of the New Brunswick Alcoholism & Drug Dependency Commission, addressed Council on behalf of Millidgeville-North End Lions Inc., regarding the Huggy Drug Awareness Program, the aim of which is to bring education on drugs and prevention of drug abuse to the elementary schools, and introduced Messrs. F. McGinnis and D. Weldon of the Millidgeville-North End Lions Club and "Huggy", the program mascot. I The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1975 re- zoning of the Thistle-St. Andrews Curling Club at 49 Dufferin Avenue by permitting non-curling activities during the period of June 1 and October 1, such as dances, dinners, dinner dances, fairs, product shows, sales, meetings and sports until June 1, 1997, the following conditions having been suggested by the applicant and will be considered as well as other conditions that Council may consider necessary:- (a) a total of 30 days in any combination shall be the maximum time permitted.for such uses, (b) closing time shall be 10:00 p.m., except on 15 of the above days, when the closing time will be 12:30 a.m., (c) there shall not be permitted operation ofa beer garten, (d) use and activity in the clubhouse is unrestricted, (e) have proper security and supervision during these functions, (f) licensed bartenders will serve and maintain bars at these functions, (g) all exits will be controlled and supervised during these functions, (h) all guests will leave the: building in a quiet and orderly fashion and (i) security will be engaged to provide traffic and parking control, to permit non-curling activities during the curling off-season subject to conditions which Common Council may impose, as requested by Thistle-St. Andrews Curling Club, and that a letter was received from Miss Joan Richards submitting a copy ofa letter forwarded to the Planning Advisory Committee on behalf of the residents of Dufferin Avenue expressing objection to the amendment to the conditions of re-zoning, as well as a letter from Thistle-St. Andrews Curling Club with respect to its application. --- I . Consideration was also given to a letter from the Planning Advisory Committee recommending that the conditions previously approved for off-season use of Thistle-St. Andrews Curling Club at 49 Dufferin Avenue be extended for one year as follows:- during the period May 1 to October 31 of 1987, the permitted uses shall include, but not be limited to, dances, dinners, dinner dances, fairs, product shows, sales, meetings and sports, provided that: (a) a total of 25 days in any combination shall be the maximum time permitted for such uses, (b) closing time shall be 9:00 p.m. except on five of the above days.when the closing time will be 12:30 a.m., and (c) there shall not be permitted operation of a beer garten; use and activity in the clubhouse in unrestricted, the foregoing permitted uses being conditional on Thistle- St. Andrews having agreed to: (a) provide landscaping as per the submitted diagram marked "1981 Proposal"" (b) provide revised parking as per the submitted diagram, (c) provide fencing to protect the landscaping on the east side of the property, and (d) on the occasion of dinners, dances or dinner dances which have a 12:30 a.m. closing, a Police Officer will be engaged to provide traffic and parking control, such service to be provided for a period of one hour before the opening and until closing, with conditions (a) and (b) to be done with due diligence and dispatch, condition (c) to be in place by October 31, 1987, such permitted uses to remain in effect from May 15, 1987 until October 31, 1987. J~ " , ,~ \ . Councillors Vaughan and M. Vincent asked if they would have a possible conflict of interest in this matter due to their membership in the Club to which Mr. Rodgers expressed the opinion that, as the subject matter is legislative, they do not have a conflict of interest. Mrs. Mary Buck of 64 Dufferin Avenue appeared in opposition to the above-proposed amendment, the residents' concerns having been addressed in the above-submitted letter, and requested Council's assistance in this matter on the basis that the residents have a great problem in this regard. I Discussion ensued during which time Mrs. Buck responded to Council queries regarding communication between the Club and the residents, outlined the residents' concern with respect to the parking problem in the area, the noise and late hours of operation of the Club, the litter problem after events at the Club, a petition from the Citizens Committee on behalf of Dufferin Avenue and Montgomery Crescent residents which was submitted to Council on August 18, 1986, and the street signage with respect to vehicular parking. 1 ~ (Councillor A. Vincent entered the meeting during the foregoing discussion.) Mr. Michael J. Murray, Manager of Thistle-St. Andrews Curling Club, appeared in support of the above application and, referring to the submitted letter from the Club, commented on the type of functions held at the Club and, with regard to a traffic and parking problem, advised that the national convention groups which utilize the Club are bused to and from the Club thereby causing the least amount of traffic on the Street compared to what would occur with trade shows, cars shows etc. which cause continuous traffic throughout the day. . ~ r-- 285 Mr. Murray responded to Council queries regarding the frequency of band music at the Club, parking availability at the Club, the resolutions adopted by the Board of Directors of the Club as stated in the above-submitted letter with regard to meetings with residents of the area to hear their concerns, provision of security for traffic and parking control for all functions on the ice shed, the provision of proper security and supervision during functions, the disposal of ice at the end of the curling season, the disposal of garbage and adherence to parking regulations and utilization of nearby parking areas, as well as the Club's intention to engage security through the Canadian Corps of Commissionaires at a cost of $7.42 an hour compared to the Police Department at a cost of $30.00 per hour, and the presence of businesses and doctors' offices, etc., in the area. '. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above recommendation of the Planning Advisory Committee be adopted with provision (d) amended to indicate a security officer rather than a police officer. I Discussion ensued during which time a comparison was made among the conditions included in the public advertisement, the Planning Advisory Committee's recommended conditions and the proposal of Thistle-St. Andrews Curling Club as indicated in the submitted letter from the Club, as well as the duration of the proposed amended conditions, and Mr. Rodgers clarified that, should the above motion be lost, it is in order for Council to consider another motion at this meeting. The authority, if any, for security officers to carry out functions of police officers was questioned to which Chief Riley advised that, other than on the private parking lot and property for which the security officer is engaged, it would be necessary for the security officer to contact the Police Department for a police officer to issue tickets or tow away authorization. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Rogers, Vaughan, A. Vincent and M. Vincent voting "nay". . On motion of Councillor Flewwelling -J~' I Seconded by Councillor A. Vincent RESOLVED that the conditions attached to the 1975 re-zoning of the Thistle-St. Andrews Curling Club at 49 Dufferin Avenue be amended by permitting non-curling activities during the period of June 1 and October 1, such as dances, dinners, dinner dances, fairs, product shows, sales, meetings and sports .for a period of one year under the following conditions:- (a) a total of 30 days in any combination shall be the maximum time permitted for such uses, (b) closing time shall be 10:00 p.m., except on 15 of the above days, when the closing time will be 12:30 a.m., (c) there shall not be permitted operation of a beer garten, (d) use and activity in the clubhouse is unrestricted, (e) have proper~ security and supervision during these functions, (f) licensed bartenders will serve and maintain bars at these functions, (g) all exits will be controlled and supervised during these functions, (h) all guests will leave the building in a quiet and orderly fashion and (i) security will be engaged to provide traffic and parking control and further that this matter be monitored for the period of one year. "nay". Question being taken, the motion was carried with Councillor Davis voting On motion of Councillor Gould above amendment be received and filed. Seconded by Councillor Rogers RESOLVED that the correspondence regarding the . Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 9 Somerset Street, containing approximately 22,000 square feet and bounded by Somerset, Barker, Magazine and Webster Streets, from Low Density Residential to Medium Density Residential classification, to permit a zoning change from "RM-l" Multiple Residential to "BR" Business Residential classification, to allow a section of a building for residential and business uses, as requested by The Saint John Loan Company Limited. I Public presentation was made of a proposed Municipal Plan amendment to remove the Stage 3 designation on Schedule 9,A with respect to a parcel of land at 188 Latimer Lake Road (L.R.I.S. Number 334516), containing approximately 27 acres with a frontage of approximately 550 feet on the southern side of Latimer Lake Road east of the Hickey Road intersection, to permit re-zoning of the parcel from "RS-2M" and "RF" to "RR" Rural Residential classification, so that it may be developed with a subdivision with minimum lot area of 1.25 acres and be serviced by individual wells and septic tanks, as requested by John and Mary Brennan and Jean-Claude and Colleen Vautour. ~ Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 96 Stanley Street (L.R.I.S. Numbers 21782, 21790, 21774, 23747 and 21998), fronting for 120 feet on Stanley Street, 220 .feet on Summer Street and 50 feet on Winter Street and comprising an area of approximately 17,000 square feet, from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the property to "I-I" Light Industrial classification, which will permit the existing business use, including outside storage of materials, to operate in conformity with the Zoning By-Law, as requested by Phase Premises Ltd. On motion of Councillor Rogers . Seconded by Councillor Vaughan RESOLVED that as recommended by the Nominating Committee, Councillor MacDougall be re-appointed to the Board of Trustees of Centracare Saint John Inc. for a three-year term. Question being taken, the motion was carried. ~ ~ 286 On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the copy of the letter to the Mayor from Airports Authority Group submitting a copy of Transport Canada's new policy statement concerning a Future Management Framework for Airports in Canada, be received and filed. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the copy of the letter to the Mayor from Shoppers Drug Mart regarding a special presentation made by Shoppers Drug Mart to Mr. Tommy Love to assist him with his future education be received and filed and Shoppers Drug Mart be commended. . Question being taken, the motion was carried. Read a letter from Councillor MacDougall recommending that, as it is necessary for Romero House to move from its present premises on Water Street, a senior member of the City administrative staff consult with the principal of Romero House and submit a recommendation to Council as to how immediate assistance can be provided. I -- Councillor MacDougall noted that the Mayor and City staff have been working to see that everything possible is being done with regard to the above matter and the Mayor called for a motion to receive and file the above letter on the basis that the situation is under control. On motion of Councillor MacDougall . Seconded by Councillor Rogers RESOLVED that the above letter from Councillor MacDougall be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Councillor MacDougall regarding the lack of water and sewer facilities in the Boylan Road-Flecknell Avenue Subdivision, which was the subject of a presentation to Council on May 11, 1987 by Heather Thibodeau, asking if there is any immediate help that can be offered and requesting that a reply be available to the citizens of the area at the next Council meeting. Councillor MacDougall advised that he learned, earlier this date~ that the Mayor and City Manager have the above situation under control and the Mayor noted that there lS a report from the City Manager regarding the Flecknell Avenue water and sewer problem to be considered later this date in Committee of the Whole and advised that a meeting will be held with the Department of Health following which a report will probably be submitted to Council at its next meeting. .~ On motion of Councillor MacDougall Seconded by Councillor Rogers RESOLVED that the above letter from Councillor MacDougall be received and .filed with a report to be submitted at n the next Council meeting. Question being taken, the motion was carried. . On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the letter from Councillor MacDougall suggesting that, in view of the urgent need for parking places for senior, citizens and disabled persons in the -area 'of 'St'; .Joseph' s Hospital; the Parking commission make suggestions for improvement of this situation be referred to the Parking Commission for review and a report to Council. I Discussion ensued regarding the parking availability in the area of St. Joseph's Hospital and the Mayor asked the City Manager to request the Parking commission to review the matter of parking for disabled persons, parking availability in the outpatient and emergency area of St. Joseph's Hospital and to look into the matter of signage for parking, and Deputy Mayor Gould suggested that the Parking Commission Chairman should meet with officials of St. Joseph's Hospital in this regard. (Councillor Davis withdrew from the meeting during the foregoing discussion. ) jl Question being taken, the motion was carried. Read a letter from Councillor MacDougall advising that the frustration of the citizens of the South End has reached the danger level, suggesting that it is useless to build more housing units in the area when more and more people are wanting to move out, the major reason being the serious lack of police patrols in the area, and asking for constructive suggestions for immediate action with regard to this problem. . (Councillor Davis re-entered the meeting.) ~ ".... 287 Councillor MacDougall expressed the understanding that the City Manager has arranged for a meeting to be held with residents of the South End and Chief Riley commented on the matter of police patrols in the South End. . On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City granted for payment of the following construction progress certificate, Manager, authority be namely:- 1. Cold Mix Plant - Boar's Head Road Lawton's Limi ted Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated May 14, 1987 Final holdback release $22,585.00 20,740.00 Nil 17,497.25 . $ 3,242.75 ,,:1 Question being taken, the motion was carried. Read a letter from the City Manager submitting a proposed Licensing Agreement between the City and Market Square Development Limited covering the sidewalk area on North Market Wharf, provision for such an agreement having been made under the 1984 Additional Funding Agreement for Market Square, such agreement having been prepared through the efforts of The Market Square Corporation and agreeable to the parties, and recommending that authority be granted to execute the Licensing Agreement. On motion of Councillor Rogers . Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Licensing Agreement with Market Square Development Limited providing for the occupation of the sidewalk on North Market Wharf as an outdoor cafe between April 1 and October 31 of the years 1985 to 1989 inclusive with provision for one five-year extension. Question being taken, the motion was carried. . Consideration was given to a report from the City Manager responding to Council queries during the summer and fall of 1986 with respect to various matters related to the stripping of topsoil, which was the subject of a letter from the Mayor to Council on August 18, 1986, and the operation of gravel pits in Saint John; advising that the Maritime cities surveyed regulate topsoil stripping in the same manner as Saint John in that most have a prohibition clause in their Zoning By-Law and the few that have gravel pits within their boundaries permit the removal of topsoil within the area of approved gravel pits and that provincial regulations, which cover unincorporated areas, focus primarily on protection of the environment and keeping this type of operation away from highways, dwellings, etc.; also advising that, with respect to gravel pit regulations and the administration thereof, the following problems have been identified: (1) time to process applications, (2) rehabilitation and (3) inspection and, regarding abandoned gravel pits, a 1971 study suggested that the onus for alleviating these situations be placed upon the owners and that, should enforcement be necessary, the City look to unsightly premises regulations or other legislation where public safety is a concern and, although the report's recommendations were not all implemented, it served as the catalyst which eventually led to the adoption of the current gravel pit regulations, and submitting the following recommendations for Council's consideration:- (1) the Zoning By-Law be amended to clarify that topsoil stripping is a permitted use subject to the requirements of Section 880 of the Zoning By-Law, (2) Common Council include, where necessary, time limits and conditions for the temporary and phased rehabilitation of gravel pits, (3) the Zoning By-Law be amended to require a survey and the marking of boundaries of properties being used as gravel pits, (4) the Building Inspection Department request that owners of abandoned gravel pits correct any conditions which are dangerous to the Dublic or harmful to the environment and (5) that Common Council authorize staff to prepare the recommended Zoning By-Law amendments and to proceed to advertise Common Council's intentions to amend the Zoning By-Law. /1, ) On motion of Councillor Rogers 1- Manager be adopted. Seconded by Councillor Knibb RESOLVED that the above recommendations of the City t The Mayor asked if approval of the above recommendations will eliminate the necessity of the City having to obtain topsoil from outside the City and, upon Mr. Robichaud's comment that he had no input in this particular report, the Mayor asked that the matter be tabled for one week to allow Mr. Robichaud's input in this matter. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the above from other City departments. matter be laid on the table for one week pending input oting Question being taken, the tabling motion was carried with Councillor Knibb "nayll. . entals rivate utside Read,a letter from the City Manager regarding the provision of services, and pr~vate work by the City to other municipalities, consultants contractors corporations a~d private citizens on a cost recovery basis and, where possible: of normal work~ng hours so as not to interfere with normal activities of the ~ ~ ~, 2BB City labour force; classifying private services as being (1) related to City services and (2) non-related to City services, the first classification in which the City would be requested to provide a service such as connecting to a watermain for the purpose of installing a sprinkler line to a building, for example, with City personnel to make the connection to the City watermain in a manner not to interrupt the continuous supply of water to other customers at a charge appropriately related to equipment and labour to cover the City's cost, while in the second classification the City might be requested to assist another utility to find a leak within its water supply system in which case personnel from the Inspection Division would carry out leak detection in the municipality and recommend where the leak is considered to be with the City having no direct involvement in the outcome of this work with the exception of generating goodwill and sharing its expertise with its neighbours; citing examples of services provided by the City to outside agencies and commenting on inspection services provided in Quispamisis, such work carried out under the authority of the City Manager as referred to in the submitted report to Council dated March 16, 1984. The report advises that, although municipal operations would prefer to do only work related to the provision of City services, a policy of this nature would deny other municipalities and private concerns access to the technical expertise and equipment of the City of Saint John when no other feasible alternative exists; explains that an invoicing system is in place, by using weekly inspection reports and personnel action forms, which captures the time spent on such assignments and covers the direct labour cost and, as well, a provision for fringe benefits and administrative costs 'with vehicles used on the job charged out at an hourly rate which exceeds the cost which the City would pay under the vehicle rental tender; and submits a proposed policy for Council's consideration. . . I~ On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, Council adopt the policy that the City of Saint John may provide services to non-City agencies with the following conditions:- (1) prior approval must be given by the Assistant City Manager - Operations, or, in his absence, the Deputy City Manager, or City Manager; (2) all costs associated with the provision of such services shall be recovered, (3) the requested service is not able to be provided through private enterprise within a reasonable distance of Saint John and (4) the provision of such services does not interfere with the City's normal operations. . Discussion ensued regarding the manner in which the provision of services and the invoicing for same will be controlled and, at Councillor MacDougall's suggestion, condition (3) was changed to include reference to within a reasonable distance of Saint John. Question being taken, the motion was carried. '- The Mayor asked for a motion to table the City Manager's report on tax rates for one week. On motion of Councillor M. Vincent on the table for one week. Seconded by Councillor Gould RESOLVED that the above matter be laid Question being taken, the tabling motion was carried. On motion of Councillor Rogers . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 87-5, Newman Street water and sewer renewal, be awarded to the low tenderer, Que-Mar Construction (Maritimes) Ltd., at the tendered price of $124,663.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Davis suggested that the historic Jenny's Spring should be improved and the Mayor asked staff to report to Council on the anticipated cost of such a project. -l Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the following tenders for motorized equipment be accepted:- Bid No. 87-7025-T - Two (2) Dump Box Sanders - B.W.S. Manfacturing Ltd. - $31,257.60 l .r Bid No. 87-7021-T - One (1) 2~ Ton Double Drum Roller - Wallace Equipment Ltd. - $32,783.85 Bid No. 87-7oo8-T - Eight (8) Plate Compactors - Sansom Equipment Ltd. - $13,336.65 Bid No. 87-6503-T - One (1) Greens Mower - Thorne's Ltd. - $17,532.45 . Bid No. 87-3oo9-T - One (1) Traffic Line Painter - Norlantic Paints Ltd. - $5,322.45 Bid No. 87-5800-T - Two (2) Highspeed Front Plows _ B.W.S. Manufacturing Ltd. - $10,158.92 ~ JI""" 289 ne Ltd. - $12,244.97 ,j.'-' Bid No. 87-7001B-T - One (1) Four Door Sedan - Downey's Ltd. - $17,720.04 IInaylJ . Question being taken, the motion was carried with Councillor M. Vincent voting The Mayor asked that the report regarding the tender for the demolition or removal of boats and other structures in the vicinity of Riverview Drive be tabled for two weeks. -, On motion of Councillor Gould table for two weeks. Seconded by Councillor Rogers RESOLVED that the above matter be laid on the Question being taken, the tabling motion was carried with the Mayor and Councillors Knibb and M. Vincent voting "nay". rl On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Limited - supply of asphalt May 27-June 2, 1987 $38,732.83 Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the firms of (i) Buckley & Associates Ltd. be engaged for Portland cement concrete testing services and (ii) ADI Limited be retained for testing and inspection of asphaltic concrete. Discussion ensued regarding the difference of $1,063.00 between the proposals submitted by Buckley & Associates andADI Limited, the latter firm having submitted the higher amount of $27,250.00, and the newness of the Buckley firm which proposes to hire competent staff and purchase equipment for the necessary work. "nay". Question being taken, the motion was carried with Councillor Rogers voting t On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the new Private Crossing Agreement ith CP Rail, with regard to mileage 1.16 West Saint John. The Mayor asked if, in view of the additional correspondence distributed to ouncil members earlier this date, Council would prefer to table the matter for one week or review. On motion of Councillor A. Vincent . able for one week. Seconded by Councillor Rogers RESOLVED that the above matter be laid on the Question being taken, the tabling motion was carried with Councillors Davis nd Knibb voting "nay". On motion of Councillor Rogers ~I- Seconded by Councillor MacDougall RESOLVED that the letter from the City Manager dvising that the group homes committee has had its first meeting, proposes to meet bi- eekly on Tuesday, is now refining its objectives and, when the work program is completed, ill be in a position to inform Council when a recommendation might be expected, be eceived and filed. Question being taken, the motion was carried. On motion of Councillor Rogers ~, . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager dvising that, with regard to Councillor Flewwelling's query of December 22, 1986 regarding he slopes, safety and amount of gravel remaining in the S & B Enterprises gravel pit on anchester Avenue, the latest excavation permit for this property indicates a final rehabilitation elevation beginning at level 30 which means that, with this new bottom datum for the property, there is a significant amount of resource that can be excavated and, unless the property owner was to obtain several major fill contracts, this pit could e operated well into the next century; also advising that, with respect to the safety issues, staff inspections in January revealed that the slope of the pit in the immediate icinity of the working face is unacceptable and the operator was directed to correct the situation and, given the time of year, a snow fence was considered to be the most practical ethod to protect the top of the working face and this was partially installed prior to he first major snowfall; concluding that, as the pit is currently accessible, the owner ~ ~ 290 has been contacted to improve safety conditions and slopes within the property, and recommending that staff continue to monitor the situation and report on the pit condition in early July to determine what, if any, future action is recommended -- be received and filed and the recommendation adopted. /."- Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting due to a possible conflict of interest.) Consideration was given to a letter from the City Manager submitting a proposed Fire Prevention and Investigation By-Law which, if enacted, would enable the Fire Chief and his designates to act with specific authority and also allow the Fire Department to regulate the storage and handling of dangerous goods: and, although the Provincial Fire Prevention Act F-13 and the National Fire Code of Canada 1985 would be the prevailing authority, the proposed By-Law under the Municipalities Act would allow the Fire Chief to designate and empower those of his choice to enforce the By-Law as set down and would allow the Fire Department to expedite fire orders that are to be served as a result of offences against the By-Law; and recommending that Council give first and second reading to the Fire Prevention and Investigation By-Law. I~ On motion of Councillor Knibb 1- '. Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law Respecting Fire Prevention And Fire Investigation In The City Of Saint John", be read a first time. Read a first time the by-law entitled, "A By-Law Respecting Fire Prevention And Fire Investigation In The City Of Saint John". . The Mayor suggested that the proposed bond of no less than $50.00 referred to in section 18(2) of the submitted By-Law with regard to persons appealing an order or decision of the Fire Chief should be increased and Mr. Rodgers advised that he would review this matter to determine the authority for same. The Mayor asked Council to consider only the first reading of the proposed By-Law at this meeting pending the City Solicitor's review. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by reclassifying a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss Building located at 691 Somerset Street, from Medium Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I ...;..".// The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. (Deputy Mayor Gould withdrew from the meeting.) . On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-5 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land approximately 12 meters (40 feet) deep and approximately 62 meters (200 feet) long to the rear of the existing Shamrock Truss building located at 691 Somerset Street, from "P" Park to "I-I" Light Industrial 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. 100-5 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 1- Question being taken, the motion was carried. Councillors Gould and M. Vincent re-entered the meeting.) On motion of Councillor Knibb ,l rJ" Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water and Sewerage", with regard to the Chief City Engineer, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage". Question being taken, the motion was carried. . ~ II"'"' 291 On motion of Councillor MacDougall . Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of saint John, New Brunswick", with regard to the Chief City Engineer, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick", was read in its entirety. Question being taken, the motion was carried. :1; On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within the City Of Saint John", with regard to the Chief City Engineer, be read a third time and enacted and the Corporate Common Seal be affixed thereto. J. It was noted that the Planning Advisory Committee, as indicated in its report to be considered later in this meeting, recommended the above amendment. The by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Dexter Construction Company Limited have been completed and that the required waiting period for objections expired on May 27, 1987 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Dexter Construction Company Limited for a Municipal Plan amendment and re-zoning of 864 Dever Road be, referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 6, 1987. Question being taken, the motion was carried. ~ . ' Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on May 25, 1987, when there were present Mayor Wayne and Councillors Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- . 1. That the letter from the Master Plumbers Examining Board requesting that the Plumbing Trade By-Law be amended in the following manner:- (a) to require that the application be on a form to be provided by the Secretary of the Board, (b) that the applicant must provide proof that he or she is a "qualified plumber" within the definition in the By-Law and that he or she had two (2) years experience as a qualified plumber and (c) that the reference to "similar experience in the plumbing trade" be removed from the By-Law -- be received and the request be approved and referred to the City Solicitor for the preparation of an appropriate By-Law amendment for Council's consideration. ' ,J, 2. That as recommended by the City Manager, (1) clause 2(e) of the agreement between the City of Saint John and the Developer of the Old City Hall building at 116 Prince William Street, be amended by changing the date for completion to November 30, 1987, (2) clause 2(f) of the agreement be amended by changing the date for completion to November 30, 1987 and the date for payment of $7,500.00 to December 1, 1987, and (e) clause 3(b) of the agreement be amended by changing the date for exercising the repurchase option to "six months immediately following November 30, 1987". 3. That as recommended by the City Manager, resolution of November 10, 1986 authorizing the sale of land at 301-307 Princess Street to Horace Martin, be rescinded. J 4. That Council accept the resignation of the members of the Boxing and Wrestling Commission of the City of Saint John until such time as the Province of New Brunswick can be encouraged to set up rules and regulations applying to boxing in New Brunswick. June 8, 1987, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Rogers . report be adopted. Seconded by Councillor MacDougall RESOLVED that section 1 of the above that the plumbers Councillor Vaughan expressed opposition to the above motion on the basis City should have the same standards as the rest of the Province which permits who have their papers to do work. IInay". Question being taken, the motion was carried with Councillor Vaughan voting ~ ~ 292 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above . report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 'I, On motion of Councillor Rogers Seconded by Councillor Vaughan RESOLVED that section 4 of the above report be adopted. Deputy Mayor Gould asked who will now be responsible for the wrestling and boxing events in Saint John to which Mr. Rodgers replied that there will be no one in Saint John responsible upon acceptance of the resignation of the Commission members and noted that there is a difference in the Department of Justice's point of view about whether events are professional or amateur in that the Province is responsible for professional matches. The Mayor noted that the Legal Department is to pursue through the Province the matter of the establishment of a Provincial commission. ,I' ~ Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the report from the Planning Advisory Committee regarding the proposed amendment to the Subdivision By-Law with respect to the Chief City Engineer, recommending that the submitted amendment to the Subdivision By-Law be approved -- be received and filed. It was noted that the above-mentioned By-Law amendment was given third reading earlier in the meeting. Question being taken, the motion was carried. On motion of Councillor Knibb )l ~ , Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, the sum of $3,150.00 be accepted as money- in-lieu of land for public purposes with respect to the E. L. woods Estate Subdivision at 175 Industrial Drive. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, the sum of $510.00 be accepted as money-in- lieu of land for public purposes with regard to the Andrew Keating Subdivision at 100 Keating Road. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land with regard to the T. E. Secord Subdivision at 2377 Loch Lomond Road, shown on the submitted plan in the manner illustrated thereon, and also assent to one or more subdivision plans corresponding to one or more portions of the area on condition that (a) the portion of Asied Street and Don Street (approximately 200 feet) lying outside the area of subdivision be developed to the same standard of streets within the subdivision, (b) the building permits shall not be issued until sites for sewage disposal have been approved by the Department of Health and (c) that portion of land fronting on Loch Lomond Road and abutting Lot 8, in fact, be a part of Lot 8 and (2) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of required services and compliance with the conditions of approval. 1 L =' Councillor A. Vincent questioned the number of lots in the proposed subdivision in view of his understanding that the subdivision was to include 21 lots and the above subdivision plan indicates only 20 lots and asked why the lot on the other side, rather than lot 19, could not be utilized as land 'for public purposes. Mr. Bedford confirmed that Mr. Secord was present at the Planning Advisory Committee meeting concerned and indicated that he was in favour of the Committee's recommendation. Deputy Mayor Gould suggested that, if there is a question in this regard, the matter should be tabled for one week for clarification. . ~ JI""" 293 On motion of Councillor Gould . table for one week. Seconded by Councillor MacDougall RESOLVED that the above matter be laid on the Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Vaughan, A. Vincent and M. Vincent voting "nay". Question being taken, the original motion was carried with Councillor Rogers voting "nay". .1" On motion of Councillor Knibb --I Seconded by Councillor Rogers , RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land with regard to Hillcrest Village Inc. at 1100 Manawagonish Road, shown as phase 2, including lots 10 through 14, on the plan entitled "Tentative Subdivision Plan - Hillcrest Village Subdivision" and dated March 31, 1987, in the manner illustrated thereon, and also assent to one or more phases of subdivision of the area shown on the said plan, on condition that (a) the proposed future street be retained by the applicant as a 20- meter wide private access to the remainder of the Hillcrest Village development, (b) the curb, sidewalk and extension of pavement width be undertaken in front of those lots fronting on Manchester Avenue in conjunction with the extension of storm and sanitary sewers on this street and (c) the public walkway be developed with hard surface and chainlink fencing along the side line and (2) Common Council authorize the preparation and execution of a City/Developer agreement to ensure the installation of required services pursuant to the Subdivision By-Law and compliance with the conditions of approval. . Councillor Rogers referred to a letter (copies of which were forwarded to Council members as an information item) to the Planning Advisory Committee from F. Terre Hunter expressing concern regarding Hillcrest Village Phase II and the St. Coeur Subdivision on the basis of the loss of a playing field adjacent to Manawagonish Road and the present lack of water pressure in the area, and expressing the understanding that single family homes are proposed and will be of comparable quality and value with existing homes in the area, and discussion ensued during which time staff commented on the capacity of the water and sewer facilities in the area, the recreation facilities and the Planning Advisory Committee's acceptance of the street name of Scotiaview Drive. Question being taken, the motion was carried. On motion of Councillor Knibb /1, -. Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of land with regard to the St. Coeur Subdivision at 125 Manchester Avenue, shown on the submitted plan entitled "Tentative Subdivision Plan - Yvon St. Coeur Subdivision" and dated April 21, 1987, in the manner illustrated thereon, and also assent to one or more subdivision plans, corresponding to one or more phases of the subdivision, of the area shown on the said Plan on condition that (a) the storm sewer, curb, sidewalk and extension of pavement width be completed to full width of the subdivision on Manchester Avenue and (b) the public walkway be developed with hard surface and chainlink fencing along the side line and (2) Common Council authorize the preparation and execution of a City/Developer agreement to ensure the installation of the required services pursuant to the Subdivision By-Law and compliance with conditions of approval. . Question being taken, the motion was carried. On motion of Councillor A. Vincent J Seconded by Councillor Knibb RESOLVED that as recommended by the Master Plumbers Examining Board, the applications of Mr. William Prince of 14 George Street, Quispamsis, N.B.; Mr. Murray Tayes of l7Kenneview Drive, Rothesay, N.B.; Mr. Robert Boye of 26 Maple Grove Court, Quispamsis, N.B.; and Mr. Alcide Doucette of 236 Wyatt Crescent, Saint John, N.B., for Master Plumber's Licenses be approved and 1987 Master Plumber's Licenses be issued to them. Question being taken, the motion was carried. On motion of Councillor Gould ~ Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. R. A. Corbett, M.P. Fundy-Royal, referring to his February 23, 1987 correspondence to Council with regard to the Tariff Board of Canada inquiry into natural sweetners and submitting a copy of a news release that was published by the Federal Department of Finance indicating that the Minister of State for Finance has transferred responsibility of this issue to the Minister of State responsible for the Canadian Wheat Board -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor Gould RESOLVED that the responses from Mrs. Shirley Dysart, M.L.A. Saint John Park; Mr. Louis E. Murphy, M.L.A. Saint John Harbour; and Mr. Keith Dow, M.L.A. Saint John West, to Common Council resolution of May 11, 1987 regarding public health matters, be received and filed with appreciation. Question being taken, the motion was carried. ~ 294 On motion of Councillor Rogers Seconded by Councillor Vaughan RESOLVED that the letter from the Tourism Committee of the Saint John Board of Trade referring to the Committee's annual sponsorship of a commercial and industrial grounds competition in an effort to beautify that segment of the City and asking if an award which was once presented by the City for domestic grounds still exists or if it could be resurrected -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Cafe Creole Ltd. for a dining room license with regard to premises at 100 Charlotte Street was held on June 5, 1987, be received and filed. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Wade and Jeannine Moore for the re-zoning of property at 59 Harmony Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 6, 1987. Question being taken, the motion was carried. Consideration was given to a letter from Mr. Harold E. Wright concerning the bandstand on North Market Wharf and its proximity to the 26th N.B. Battalion monument. The Mayor advised that staff is taking action regarding the above matter and called for a motion to receive and file the letter from Mr. Wright. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Harold Wright regarding the proximity of the North Market Wharf bandstand to the 26th N.B. Battalion monument, be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the letter from D. Hatfield Ltd. requesting that Common Council resolution of August 28, 1978 regarding the development of 5.2 acres of industrially-zoned land located on the corner of Rothesay and Drury Cove Roads be rescinded, D. Hatfield having purchased this parcel of land with the intention of developing the site to facilitiate a new repair garage/warehouse and compound to house its daily operations and it has been brought to the Company's attention that the said resolution stated that no further development of this parcel of land 'in question can take place until full City water and sewer services are provided for by the developer -- be referred to the City Manager for a report at the next meeting of Council. (Councillor Rogers withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Davis Seconded by Councillor Vaughan RESOLVED that the letter from the Canadian Labour Congress regarding the second phase of a campaign to expand and improve postal services -- be received and filed. Question being taken, the motion was carried. Councillor MacDougall extended congratulations to Mr. Clarence (Quip) Moore, a renowned Saint John baseball player, who was inducted into the New Brunswick Sports Hall of Fame, and to Dr. Boyles and Dr. Gordon Dow who recently graduated from Dalhousie University. On motion of Councillor MacDougall Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Clarence (Quip) Moore and Drs. Boyles and Dow. Question being taken, the motion was carried. ~ . . I~ t . :1:.- f=' . ol~ L . ~ "..- 295. On motion of Councillor M. Vincent -. Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Y2d~f!.~(~ I' I . .1 ~-'~.,~....., . .1 I .j> . ~ ~ 296 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of June, A.D. 1987, at 4:00 o'clock p.m. .- present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Vaughan, A. vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operat~ons; J. Brown, Acting Assistant City Manager; F. Rodgers, C~ty SOlicitor; T. Totten,' Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; R. G. Riley, Chief of POlice; R. McDevitt, Fire Chief; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewer Services; S. Galbraith, Director of Supply and Services; J. Levesque, Director of Communications and Public Relations; B. Sheridan, Assistant Director of Parks; Miss J. Creamer, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. J, 'I '= Reverend L. Vermeersch, P.P., of St. Francois de Sales Parish, and Port Chaplain of the Apostle Ship of the Sea, offered the opening prayer. On motion of Councillor Knibb . Seconded by Councillor M. Vincent ~ RESOLVED that minutes of the meeting of Common Council, held on June J5, 1987, be adopted. Question being taken, the motion was carried. Her Worship the Mayor asked that two items (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting as follows:- a letter from Mr. Thomas E. Secord regarding the subdivision at 2377 Loch Lomond Road and a letter from the City Manager regarding the public meeting for South End residents. On motion of Councillor A. Vincent J- Seconded by Councillor Rogers RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting letters received from Phyllis Leitch and Daphne A. Strombridge of Nova Scotia referring to balloons which were retrieved several days after they were released in Saint John during the May 27 Participaction Day Challenge. Her Worship the Mayor advised that she, Councillor Vaughan and Mr. R. Spangenberg, Chairman of the Participaction Committee, will visit Peterborough, Ontario, on June 17 in recognition of Peterborough's victory over Saint John in the May 27 Participaction Day Challenge. . On motion of Councillor Knibb from the Mayor be received and filed. Seconded by Councillor Flewwelling RESOLVED that the above letter Question being taken, the motion was carried. .1', """ On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mayor ayne submitting a letter from the Saint John YM-YWCA requesting support for he forthcoming Teen Girls Conference tentatively scheduled for September 25 nd 26, 1987 -- be referred to the grants committee. Question being taken, the motion was carried. I" , ' On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mr. T. ecord expressing appreciation to Council for approval of his subdivision lans be received and filed. Question being taken, the motion was carried. . ~ II"'"' 2~7 On motion of Councillor Knibb . Seconded by councillor MacDougall RESOLVED that the letter from the City Manager advising that the public meeting for South End residents has been arranged for Thursday, June 18 from 7:00 p.m. to 9:00 p.m. at the South End Community Centre - be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Ltd. - supply of asphalt June 3-9, 1987 $42,130.26 Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting a report prepared by the Deputy Commissioner of Finance entitled "A Case for the Continuance of the Uniform Tax Rate", which provides a thorough analysis of the often-raised question of uniform tax rates across all areas of the City -- be received and filed. . Councillor Knibb suggested that Council, in adopting the City Manager's recommend- ation to receive and file the above report, should add that Council endorses the policy of uniform tax rate for the City whereupon Deputy Mayor Gould confirmed his intent to only receive and file the report. Mr. Totten noted that the submitted report includes a brief historical perspective of the issue of the continuance of a uniform tax rate, clearly puts forth the aim of local property tax and proceeds to illustrate that (1) City expenditures for the most part are incurred for the benefit of all residents and that each resident receives approximately the same equivalent package of services, (2) Fredericton and Moncton, although having a two-tier tax system, are gradually moving to a uniform tax rate such as exists in our City and (3) by examining both assessed values and market values, residents of the so-called outer zones do not pay as much municipal tax as do those in the so-called inner zone, with the conclusion that arguments in favour of a uniform tax rate are as sound today as they were when the system was first adopted by Common Council. Councillor M. Vincent advised that he does not concur with the above report and, having highlighted those issues therein with which he disagreed, Mr. Totten made the observation that he and Councillor M. Vincent differ on a basic premise, that being the aim of property tax and the fact that it is based on the assumption that wealth is an indicator that one should pay more in that properties with higher market values do indeed pay higher taxes; therefore, if agreement cannot be reached on this point, there will be disagreement throughout the whole range of the report. Mr. Totten expressed the opinion that a willing buyer and a willing seller determines the market value and that there is no question that the property assessors use the market value and as the market value increases there is no doubt the assessment will increase thereby resulting in an increase in the property tax bill. Discussion ensued regarding the breakdown in the submitted report of the amount the average Saint John homeowner pays for tax-supported services; the breakdown of assessed values by neighbourhood and comparative costs to inner and outer zone residents; the effect on property assessment in areas upon installation of water and sewer services; the possible implementation of a regional tax system; the areas cited in the submitted report, such as Lorneville, Upper Loch Lomond commencing at Douglas Lake and the Airport, etc., which have a combined residential tax base of approximately 11% of the total residential tax base which includes about 12% of the non- residential base; the aim of the local property tax which is to finance the whole operation of municipal government and hence support the order, prosperity and very existence of cities and towns; the indication in the submitted report that approximately 90% of all City expenditures are of a nature that benefits the whole of the community as opposed to being directly related to a specific residence; Mr. Clark's observation that the submitted report discusses an approximately-equivalent package of services to the outer and inner zones with any real or perceived differences in accessibility or level of services being reflected in the property assessment through which persons will buy and trade in the real market place. . -~ /1 "nay".. Que~tion being taken, the motion was carried with Councillor M. Vincent voting On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted new Private Crossing Agreement with CP Rail, with regard to mileage 1.16 West saint John. rl, . Councillor Rogers asked the number of private railway crossings which exist in the City and the amount paid by the City on insurance to which Mr. Robichaud replied that, as there is a quite a number of private crossings, research would be required to provide such information. Mr. Clark expressed the understanding that the $1 million of insurance required is included in the City's comprehensive existing liability package. Councillor Rogers asked if there will be other agreements for private crossings for Council to consider to which Mr. Clark replied that the City has been made aware of only the subject agreement; however, Council could table this matter and ask CP Rail the number of, p~i.vate,,,railway ..crossings Whereupon Councillor Rogers asked that Council also be advised the cost of insurance. . On motion of Councillor MacDougall Seconded by Councillor Gould RESOLVED that the above matter be laid on the table pending a report on the number of private railway crossings and amount of insurance concerned. ~ ~ 298 Mr. Robichaud explained the meaning of a private crossing. Question being taken, the tabling motion was carried. . Consideration was given to a letter from the City Manager supporting the recommendations made in the report to Council on June 8, 1987 regarding the removal of topsoil and gravel pits, such report having been tabled pending input from the various City departments, and advising that Mr. B. Sheridan, Assistant Director of Parks, has expressed the opinion that the recommendations contained in the report will have a minimal effect on the cost of topsoil to the City of Saint John and that it is Mr. Sheridan's intent to manufacture topsoil in the future with sand, peat moss and small quantities of natural topsoil and that, in areas where topsoil is stripped, only half of the topsoil depth will be removed so vegetation can be effectively re-established. On motion of Councillor Knibb i Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, (1) the Zoning By-Law be amended to clarify that topsoil stripping is a permitted use subject to the requirements of Section 880 of the Zoning By-Law, (2) Common Council include, where necessary, time limits and conditions for the temporary and phased rehabilitation of gravel pits, (3) the Zoning By-Law be amended to require a survey and the marking of boundaries of properties being used as gravel pits, (4) the Building Inspection Department direct that owners of abandoned gravel pits correct any conditions which are dangerous to the public or harmful to the environment and (5) Common Council authorize staff to prepare the recommended Zoning By-Law amendments and to proceed to advertise Common Council's intention to amend the Zoning By~L~w., I --"'.-- ~.- - - ~- ./~.- --~ ~^ '':::..". --'^ '" ~-"- ; ---", Upon Councillor Flewwelling's suggestion, the mover and seconder of the proposed motion agreed that section (4) should indicate that the owner be directed rather than requested to correct any conditions which are dangerous. . Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to the complaint from Jocelyn Roy and Robert Nash of 15 Upland Road relating to residents of apartments on Reading Crescent using their property as a shortcut to Glenview Avenue causing a nuisance with regard to loss of privacy and littering, which was considered' by Council on May 19, 1987, advising that there is nothing the City can do to rectify this problem and that Ms. Roy was so advised and that, if it is her wish to have a fence, it is entirely her responsibility to erect one -- be received and filed and inform Ms. Roy in this regard and that action be taken under the Unsightly Premises By-Law with respect to the property concerned. r ,,--., ~ - Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding the Hillcrest Village Subdivision which was approved by Common Council on June 8, 1987, Council having agreed in December 1986 to provide funding to this project under the 1986 GRIP program provided it met all program guidelines, submitting an application of Village Estates Inc. for GRIP funding, the initial grant having been estimated at $289,020.00, with the final amount of the grant to be known upon completion of the project, submissions of final assessment and payment of the municipal services cost-sharing funds, and recommending that Council approve a GRIP grant. . On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, Common Council approve a grant through the Greater Residential Incentive Program, estimated at $289,020.00, in favour of Village Estates Inc. for Hillcrest Village Subdivision and that the Mayor and Common Clerk be authorized to execute the GRIP agreement. Question being taken, the motion was carried. I On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that, with regard to the tender for the supply of clothing for the Police and Fire Departments, two companies, Chandler Sales Ltd. of Saint John and R. Nicholls Inc. of Montreal, P.Q., did not submit the required deposit and have therefore not been considered; also advising that the items for the Police Department have been submitted to the Saint John Board of Police Commissioners for consideration; and recommending that the following tenders be accepted with regard to the Fire Department: (1) 40 Burberries to Hoffman's Ltd. at the tendered price of $74.00 each and (2) 192 pairs of bush boots to Fairville Department Stores at the tendered price of $54.70 per pair -- be received and filed and the recommendation adopted. I ......, , , Question being taken, the motion was carried. . (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the chair.) ~ "..- 2~9 On motion of Councillor Rogers I ~ Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, of the six companies which responded to the tender for the supply of tires, ,tubes and retreads for the period ending April 30, 1988, one company, Sumner Tire, did not submit the necessary bid deposit nor sign the tender and, therefore, has not been considered for award and that, although Downey's Ltd. submitted the lowest bid on a number of tires, this company did not meet the tender condition that requires road service 24 hours a day, 7 days a week, having subcontracted this portion of the tender to a company in Fairvale which does not comply with the intent of the tender; also advising that the tenders are all from local dealers with the exception of a bid from uniroyal Goodrich Ltd. of Moncton, which quoted on B.F. Goodrich tires on behalf of its fleet servicing dealers in Saint John with the intent being to supply at the quoted prices through its dealers in Saint John rather than supply directly to the City, such local dealers being Maritime Tire, Sumner Tire, Personal Tire and Downey's Ltd.; however, as the latter company did not meet the tender condition regarding road service, the City would obtain its supplies from the first three dealers only if the tender is awarded as recommended, the total value of this contract being $96,206.00 being distributed among local dealers in the following amounts - Kelly Tire $10,107.00, Fairweather $15,181.00 and Uniroyal Goodrich (Maritime, Sumner, Personal) $70,918.00; recommending the rejection of items B9 through B12, which are prices for retreaded tires, the cost of retreading being almost as much as a new tire and the City will not be using this service, and the rejection of item C4 as the City does not anticipate buying any tires of this size in 1987, and recommending that the tender for tires and tubes be awarded as follows:- Categories Al - AIO, Bl - B8, CI-C3 and C5 to Uniroyal Goodrich Ltd.; Categories C6 - C7 andEl - E7 to Kelly Tire Ltd., and Category Dl - D6 to Fairweather Tire, with no award to be'made on Categories B9 - B12 and C4 -- be received and filed and the recommendation adopted. . 'I . Replying to queries 'of Councillor Vaughan, Mr. Hanlon advised that the provision with regard to 24 hour service has been included in the tender for probably 25 years, and Mr. Rodgers expressed the opinion, based on his understanding that Uniroyal is willing to enter into the main primary contract with respect to this tender, has complied with the tender requirements and is agreeable with respect to supporting and backing up all items contained in the contract that is normally associated with the tender, any problem which would arise related to the fact that the City may be dealing with suppliers in the City who have tendered separately and been rejected, such dealings being based on a contract with Uniroyal, would be negligible; and Mr. Hanlon explained that, with respect to the 24-hour servicing requirement, the City has equipment working on a 24-hour basis and .it is important to have someone available to repair or replace tires if necessary. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the Chair.) tl, , ' The Mayor asked the Chief of Police if police officers are giving protection and carrying out the duties according to their oath with respect to the Coca Cola workers strike to which Chief Riley replied that Police Officers are at the site with direct orders from the Chief's Office and the Deputy Chief of Operations with respect to their duties and that there are almost hourly investigations into the situation and, in view of the nature of the situation and the fact that charges have been laid, he considers it not appropriate to discuss details at this time. (Councillor M. Vincent withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that the letter from the City Solicitor regarding the proposed Fire Prevention and Investigation By-Law, which was given first reading on June 8, 1987, noting that Section 18 of the proposed By-Law deals with the right of a person to appeal an order of a judge and that the $50.00 referred to therein is for the filing of a bond or sufficient sureties for the purpose of paying all costs in the event of an unsuccessful appeal; advising that, with respect to the question of a penalty, the By-Law will be enforced under the provisions of Sections 109(2.1), 109(2.2) and 109(2.3) which provide that a person who breaches a by-law or who fails to comply with an order of a Fire Prevention Officer commits an offence and, upon conviction, may be fined up to $1,000.00 and put in jail if the fine is not paid and the City could also, in a situation where a person is convicted of failing to comply with a prevention order, ask the judge to issue an order requiring the person to comply with the prevention order and a person who fails to comply with such a judge's order commits another offence and may be fined up to $50.00 per day for each day that he or she continues to violate the judge's order and a person who fails to pay such a fine can be imprisoned by the judge; and concluding that it is now in order for Council to give second and third reading of the proposed By-Law, the original copy of same having been filed with the Common Clerk -- be received and filed. J ,I - , Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law Respecting Fire Prevention And Fire Investigation In The City Of Saint John", be read a second time. . Read a second time the by-law entitled, "A By-Law Respecting Fire Prevention And Fire Investigation In The City Of Saint John". Question being taken, the motion was carried. ..... """'--. ~ 3JO A motion was proposed by Councillor Davis and seconded by Councillor Vaughan that the proposed By-Law be read a third time whereupon'the Mayor noted that it will be necessary for the Common Clerk to read the By-Law in its entirety unless Council wishes to authorize the necessary advertising for the By-Law to be read by section numbers only prior to third reading, and the proposed motion was withdrawn with the consent of the mover and seconder. . On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that Council authorize the necessary advertising in order for the proposed new Fire Prevention and Investigation By-Law to be read by section numbers only prior to third reading. I Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration a proposed amendment to the Plumbing Trade By-Law, such matter having been considered by Council on June 8, 1987, and advising that first and second readings are in order if Council so wishes. On motion of Councillor Knibb I Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Lal, To Amend A By-La\'! Respecting 'The Plumbing Trade And Master Plumbers", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers". Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", be read a second time. (Councillor M. Vincent re-entered the meeting.) Read a second time the by-law entitled, "A By-Law To Amend A By- Law Respecting The Plumbing Trade And Master Plumbers". Question being taken, the motion was carried. ,I -:.. ~ Consideration was given to a letter from the City Solicitor referring to the deed dated March 19, 1986 conveying the lands and premises at 399 Main Street to McDonald's Restaurants of Canada Limited, such deed containing specific terms and conditions, and to the submitted copy of Occupancy Permit 011 certifying that the building has complied with the City's Building and Zoning By-Laws and may be occupied provided that the premises are maintained in accordance with the National Fire Code of Canada and the Minimum Property Standards By-Law; advising that the Occupancy Permit which is indicative of compliance with the stated conditions cannot, by itself, be recorded in the Registry Office which means that there is no indication of compliance on the face of the records of the Registry Office and that Mr. Raymond Glennie, solicitor for McDonald's Restaurants of Canada Limited, has requested Council's authorization for the Mayor and Common Clerk to execute documentation in registrable form which would, like the Occupancy Permit, indicate compliance with the conditions, and submitting a resolution for Council's consideration in this regard. . On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized to execute documentation, in such form as to comply with the requirements for registration in the Provincial Registry Act, indicating that the second and third conditions in Schedule "c" of the deed from The City of Saint John to McDonald's Restaurants of Canada Limited dated March 19, 1986 and recorded in the Saint John County Registry Office on March 27, 1986 as No. 328681 in Book 1142 at Pages 34-39, have been complied with and are now null and void. ,I, Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) I , To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 8, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:~ . ~ "..- ~~~ 1. That further to Common Council resolution of March 30, 1987 concerning the 1988 World Chess Festival, (1) Common Council approve the release of the remainder of the City's $150,000.00 commitment to the World Chess Festival, (2) Common Council approve the revised Global Budget as submitted and (3) Mr. John Reid, General Chairman of the World Chess Festival, produce a monthly update for Common Council on the progress of all aspects of the World Chess Festival. . 2. School event, fee. That with regard to the request of the Safe Grad Committee of Simonds High for a special rate for the use of the Canada Games Aquatic Centre for a Safe Grad Council approve a grant in the amount of 50 per cent of the Aquatic Centre rental I 3. That as recommended by the City Manager, 1320 square feet of space on the 11th floor of the City Hall building be subleased to the Saint John Fundy Region Development Commission under the following terms:- (1) the term of the lease to be July 1, 1987 to March 31, 1989, (2) the rental to be $990.00 per month from July 1, 1987 to March 31, 1988 and $1,600.00 per month from April 1, 1988 to March 31, 1989 and (3) the following services to be provided: electricity, heat, cleaning, maintenance of the washrooms, replacement of fluorescent tubes and cleaning the windows. J 4. That as recommended by the City Manager, the request of the Lancaster Lions Club for an extension of the City's repurchase option for a period of one year with regard to property on Milford Road be granted and the date for completion of the Club House be changed from July 31, 1987 to July 31, 1988. June 15, 1987, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb . adopted. Seconded by Councillor Rogers RESOLVED that section 1 of the above report be The Mayor asked if Council wished to consider the engagement of Colt Sports Network Inc., which is the subject of a letter from the City Manager to be considered in Committee of the Whole later this date, whereupon Councillor Rogers advised that she would prefer the opportunity for prior discussion in Committee of the Whole. Question being taken, the motion was carried. On motion of Councillor Rogers .1 ( adopted. Seconded by Councillor MacDougall RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb adopted. Seconded by Councillor MacDougall RESOLVED that section 3 of the above report be Councillor Rogers expressed opposition to the above motion on the basis that the rationale which provides for no rental increase until 1988 is not valid as the Commission, should the City choose to increase the rent, should either have to pay the increased rent or relocate and should not be an exception. . "nay". Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Knibb adopted. Seconded by Councillor Vaughan RESOLVED that section 4 of the above report be J Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the memorandum from Provincial- Municipal Council Inc. submitting a response from The Honourable Robert Jackson, Minister of Municipal Affairs and Environment, to a resolution of Common Council submitted to the February 14, 1987 Cities of New Brunswick Association meeting with respect to waste management, such response indicating that the Department is in the midst of developing a comprehensive waste management strategy which will result in the construction of state- of-the-art waste collection and disposal and that, in addition to domestic waste, the Department is continuing in its efforts to resolve the problem of the disposal of controlled wastes, and expressing confidence that there will be in New Brunswick a waste management system that will meet present and future environmental standards and be available at a reasonable cost to system users -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Vaughan . Seconded by Councillor MacDougall RESOLVED that the letter from Saint John Real Estate Board Incorporated submitting, in response to Common Council resolution of May 4, .......'~ })' );-~ ~ , "1 .~. ~ 302 1987, the names of Mrs. Mary Murphy and Mr. David M. Lunney as nominees for membership on the committee to investigate and make recommendations concerning the processing of introducing group homes as well as locational regulations be received and filed and Mrs. Mary Murphy be appointed to the group home committee. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of the Kinsmen Club of Saint John for an amendment to Common Council resolution of February 23, 1981 regarding the re-zoning of 125 Douglas Avenue -- be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 20, 1987. I" Question being taken, the motion was carried. Councillor MacDougall asked if Council should consider a second motion to appoint Mr. David M. Lunney to the group home committee as recommended in the above letter whereupon Councillor Vaughan noted that Council requested the Real Estate Board to recommend one nominee to this committee. I -- On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Peacock's Garden and Flower Centre submitting a petition requesting improvements to be made to the Sandy Point Road -- be referred to the City Manager. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor M. Vincent .RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. 0,,,,'1' W Yh-'.vnr- ommon Clerk I ~.--<J' ~ , . ,J~ I . ~ "" ~o~A . , . . At a meeting of the Common the City of Saint John, on Saturday, o'clock p.m. Council, held at The Delta Brunswick Hotel in the twentieth day of June, A.D. 1987, at 8:20 I present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent The Common Clerk stated that this special session of Common Council was convened to formally confer the Freedom of the City on Mr. Kenneth Victor Cox. I On motion of Councillor Gould adopted, namely:- Seconded by Councillor Davis RESOLVED that the following resolution be "WHEREAS Kenneth Victor Cox has been prominently identified with the business community of The City of Saint John and has made outstanding contributions to his native Province of New Brunswick; and . WHEREAS because of his many notable accomplishments and the eminent positions held by him as President and Chairman of The New Brunswick Telephone Company, Limited anc Bruncor Inc., the operations of such companies have been of significant benefit to The City of Saint John; and WHEREAS his community spirit and leadership have played an important role in the economic and social development of our City; and WHEREAS he has served his community in various public capacities and such service has always been marked by characteristic devotion to duty, outstanding ability, and efficient administration of his various offices; and .1, WHEREAS by reason of the foregoing it is deemed desirable and proper that The City of Saint John should recognize the personal attainments and unselfish contributions of Kenneth Victor Cox; and WHEREAS the Common Council of The City of Saint John may, by law, confer the Freedom of the City upon any person for the purpose of honourable distinction: THEREFORE BE IT RESOLVED that the Common Council of The City of Saint John, in formal session assembled, does hereby confer the Freedom of the City upon Kenneth Victor Cox, Esquire.". CounciL Question being taken, the motion was carried by the unanimous vote of the Her Worship the Mayor, after a brief address, presented Mr. Cox with a certificate of the Freedom of the City, suitably framed, whereupon Mr. Cox expressed his appreciation for the honour bestowed upon him. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I ~ri&~r I . lil... '""'IIIIl .-- ... . I I . I /'~ . I I . ~ JI""" J 3~3 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of June, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. RObichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; J. Nugent, Solicitor; T. Totten, Deputy Commissioner of Finance; P. Groody, Commis- sioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. G. Riley, Chief of Police; R. Johnston, Deputy Fire Chief; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; J. Levesque, Director of Communications and Public Relations; N. Hill, Heritage Planner; Miss J. Creamer, Administrative Assistant to the Mayor; Ms. Y. Huntington- LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Her Worship the Mayor offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 15, 1987, be approved. Question being taken, the motion was carried. I Her Worship the Mayor read a proclamation proclaiming June 29, 1987 to be Red Cross Join The Lifeline Day in the City of Saint John; read a letter (copies of which were distributed to Council members earlier this date) from Mr. Kenneth V. Cox expressing appreciation for the importance and the responsibility associated with being granted The Fre~dom of The City and the significance of receiving it during the special meeting of Common Council on Saturday, June 20, 1987; and displayed a copy of an article given her by Deputy Mayor Gould which appeared in a New Glasgow, Nova Scotia newspaper reflecting positively on the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that an item regarding Break-Time Catering Ltd. (copies of which were distributed to Council members in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. . Councillor Knibb, in referring to the brochure on Rockwood Park (copies of which were distributed to Council members as an information item), noted that the consultant for the Rockwood Park feasibility study is requesting senior high school students to attend a meeting on June 23, 1987 at Lily Lake for the purpose of providing input with regard to what they feel should be components of Rockwood Park. Councillor MacDougall expressed appreciation to Father Stack for making available the St. John The Baptist Church Hall on June 18 for the meeting of the South End Residents and the Mayor asked the City Manager to provide Council with a report on the issues discussed at the South End meeting, action taken to date and action proposed. t The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions of the 1979 re-zoning of the property at 70 Leinster Street so that (a) the use of the property shall be restricted to a dwelling and/or photography studio and (b) to permit the erection of an awning over the front entranceway, such conditions to be considered, as well as other conditions that Common Council may consider necessary, as requested by Dr. Barbara L. Iftody, and that no written objections were received in this regard, with a letter from the applicant having been received. I Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council amend its resolution of October 3, 1979, by rescinding conditions a, b, c and d and replacing them with the following conditions: (1) the use of this property be restricted to a photographer's studio including the display and sale of products produced by the photographer and/or one dwelling unit, (2) there be no external changes to the building other than the proposed awning, (3) three parking spaces be provided in the rear yard and (4) the rear yard be developed and maintained in accordance with the staff recommended site plan. . Mr. Donald Gillis of 231 Princess Street, such property owned by Mr. Jack Gillis and abutting on the subject property, appeared in opposition to the above-proposed amendment and expressed concern that, in this primarily residential area, the proposed change in the conditions of re-zoning is to more of a commercial nature than that previously ermitted and also, as the subject property adjoins the Gillis property, there is concern bout how the property will be developed insofar as whether or not the lot will be paved nd if there will be a drainage problem with run-off on the Gillis property. Mr. Gillis Iso expressed concern about whether or not the subject lot will be built up, or if snow ill be plowed to the rear of the subject site, against a fence on the Gillis property hereby causing damage to the fence, and he questioned the hours of operation on the ubject property. ~ ~ 3J4 The Mayor noted that the Planning Advisory Committee letter includes a copy of a letter from Palmer, O'Connell, Leger, Roderick, Glennie, solicitors for Mr. Jack Gillis, in which the Gillis' concerns are expressed, and asked if the development plan for the subject property will address these concerns. Mr. Bedford noted that, as indicated on the submitted map illustrating the location of the property and the site plan illustrating the design of the property, the parking lot is proposed to be gravel, which will retain the present character of the property and deal somewhat with the drainage matter, and that the grassed area between the Gillis' property and the parking lot is being retained thereby allowing distance from the rear property line of the abutting property and, with regard to the matter of grading, it is the applicant's plan to grade the property so that it drains towards Leinster Street rather than to the rear of the property. . Dr. Barbara L. Iftody appeared in support of her application and noted that, with regard to Mr. Gillis' reference to the area being highly residential, Leinster Street has only three residences along with the City's Water and Sewerage Division, Castle Funeral Home and two churches, and expressed the opinion that the concerns with regard to the rear of the property have been addressed. I Councillor Vaughan asked, with regard to the indication in condition (1) to photographer and/or one dwelling unit, if there will be a resident in the building or if it will be only a commercial building to which Dr. Iftody replied that she requested the flexibility of the building being used for a dwelling unit and a studio, or only as a dwelling or only as a studio, and Mr. Bedford clarified that condition (1) is worded in such a manner so as to permit a photographer use with an apartment or a dwelling unit on its own and that the building cannot become a total business, although the apartment does not have to be owner-occupied. I -- On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of October 3, 1979 with regard to the re-zoning of property at 70 Leinster Street be amended by rescinding conditions a, b, c and d and replacing them with the following conditions: (1) the use of this property be restricted to a photographer's studio including the display and sale of products produced by the photographer and/or one dwelling unit, (2) there be no external changes to the building other than the proposed awning, (3) three parking spaces be provided in the rear yard and (4) the rear yard be developed and maintained in accordance with the staff recommended site plan. . Question being taken, the motion was carried. t On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions attached to the 1973 re-zoning, and as amended in May 1987, of the property at 93 Loch Lomond Road (L.R.I.S. Number 319558), which permitted the construction of a 25 by 48 foot building located 20 feet from the street, to permit the location of the 25 by 48 foot building at the rear of the lot with parking at the front of the lot, as requested by K. L. Mallory Insurance Agency Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. . Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council approve the proposed amendment to the Section 39 conditions attached to the 1973 re-zoning, as amended in May 1987, of 93 Loch Lomond Road (L.R.I.S. Number 319558), to permit the location of a 25 foot by 48 foot building, to be used for an insurance office, at the rear of the lot with parking at the front on condition that: (a) the parking lot be asphalt paved and have concrete curbs and (b) a professional landscape architect be hired to design a berm and hedge for across the front of the property. J On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council approve the proposed amendment to the Section 39 conditions attached to the 1973 re-zoning, as amended in May 1987, of 93 Loch Lomond Road (L.R.I.S. Number 319558), to permit the location of a 25 foot by 48 foot building, to be used for an insurance office, at the rear of the lot with parking at the front on condition that: (a) the parking lot be asphalt paved and have concrete curbs and (b) a professional landscape architect be hired to design a berm and hedge for across the front of the property. I, Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. ~ '" -' 3.J5 Question being taken, the motion was carried. . Mr. J. Ruggles, Director of the Great Bay of Fundy Whaler Race, addressed Council on behalf of Loyalist Days Inc., and advised that, due to conflicts at the Navy Training Centre in CFB Cornwallis, there will be no Great Bay of Fundy Whaler Race during the 1987 Loyalist Days Festival. Mr. Ruggles asked Council to request, at whatever level necessary, that the whalers be available for the 1988 event, which is considered to be one of the critical events to the success of Loyalist Days. I During ensuing discussion the safety of the Whalers Race was questioned in view of the reference in the submitted brief to an incident after the 1986 Race involving two whalers being towed back to Cornwallis having broken free from the tow line during a sudden squall, sinking and subsequently being recovered by fishermen, and to the indication that provision of the whalers for the race and time required for their return to CFB Cornwallis would impact adversely on the training of Sea Cadets at HMCS Acadia, the summer camp for cadets which is co-located with Cornwallis. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the presentation on behalf of Loyalist Days Inc. regarding the Great Bay of Fundy Whaler Race be received and filed. Her Worship the Mayor advised that Council will work with Loyalist Days Inc. in an attempt to hold the Great Bay of Fundy Whaler Race in 1988. Question being taken, the motion was carried. chair. ) (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. U.N.B.S.J. Canada Games Field Irrigation System Holmes Irrigation Inc. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated June 17, 1987 Final payment $34,400.00 27,850.00 Nil 22,868.00 $ 4,982.00 1 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding the demolition of vessels, structures etc. in the vicinity of Riverview Drive, the tender report having been tabled by Council on June 8, 1987 on the request of Mr. Raymond Glennie, solicitor for Imperial Investments Limited of Halifax, N.S., advising that the owner has not responded nor provided a protection package which is supportable by staff, and recommending award of the tender to the low bidder, Galbraith Construction, in the amount of $35,000.00. . Consideration was also given to a letter (copies of which were distributed to Council members earlier this date) from Mr. Raymond F. GlennieJ solicitor for Mr. William Mont of Imperial Investments Limited, advising that (1) the steps leading to the vessels and structures have been removed, (2) Mr. Mont has spent $2,500.00 in the past month with respect to securing the vessels and structures, (3) the vessels and structures should be secure by the time of the meeting of Common Council on this date, (4) Mr. Mont will advise the Building Inspector of the name of a local contractor and (5) Mr. Gupta of Halifax, N.S., has viewed the property and is interested in buying it from or developing it with Imperial Investments Limited and further that Mr. Gupta is in the process of arranging financing in this regard, and requesting an adjournment or postponement of this matter for a period of two months to allow the Company to complete its transaction with Mr. Gupta and, in the event that the transaction is not so completed, Imperial Investments Limited would like the opportunity to remove the vessels at its expense. ~ On motion of Councillor Plewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the demolition of vessels, structures, etc. in the vicinity of Riverview Drive (L.R.I.S. Number 33084), be awarded to the low bidder, Galbraith Construction, in the amount of $35,000.00. ~I ~.... - . At Councillor Schermerhorn's suggestion that Council requires direction on what action to take in view of the above letter from the solicitor for Imperial Investments Limited, Mr. Clark suggested that, although he is advocating that the above recommendation be adopted in order to remove the vessels and structures from the site, Council could table the matter at the most for one week if more information is wanted. Councillor Rogers expressed opposition to tabling the matter on the basis that the owner of the property has had ample opportunity to resolve the matter and it was the intent to have the site cleared prior to the current tourist season. Councillor M. Vincent, in expressing the opinion that the subject site adds little or nothing to the appearance of the Reversing Falls area, suggested that Council should deal with the City Manager's recommendation as expeditiously as possible. Councillor Vaughan made the observation that it is the intent of Imperial Investments Limited to remove the vessels at its expense if, in the period of two months, the transaction is not completed with Mr. Gupta, which would result in a monetary saving to the City of $35,000.00. ..... \ ""'IIIl .3J6 On motion of Councillor Knibb Seconded by Councillor A. vincent RESOLVED that the above matter be . laid on the table for one week. Question being taken, the tabling motion was carried with Councillors Rogers and M. vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 87-6, Northumberland Avenue storm sewer, be awarded to the low tenderer, Master Enterprises Limited, at the bid price of $72,011.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to the dissatisfaction with snow control operations and the condition of streets and ditches in the area of Flecknell Avenue, Boylan Road and Hedley Street, which was expressed during a May 11, 1987 presentation to Council, Municipal Operations will ensure that the required work to regrade, ditch and chipseal Flecknell Avenue, Boylan Road and Hedley Street will be presented to Council for consideration in the 1988 Capital Program; expressing the opinion that snow control in this area was good last winter, and recommending that ditching, regrading and chipsealing of Flecknell Avenue, Boylan Road and Hedley Street, at an estimted cost of $60,000.00, be considered for the 1988 Capital Program -- be received and filed and the recommendation adopted. ,I . Mr. Clark confirmed that he will forward a letter to Mrs. H. Thibodeau explaining the above matter. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that, with regard to water and sewer problems in the Flecknell Avenue area which was expressed during a May 11, 1987 presentation to Council, ',staff met 'with representatives of the Department of Health and the testing of approximately 18 wells in the area showed no evidence of pollution or contamination; submitting a copy of the report previously submitted during the Capital Budget discussion which outlines the extent and cost of services which would be required for this area, and recommending that the residents of Flecknell Avenue, Boylan Road and Hedley Street be advised that it is the City's opinion that the problem with the waste disposal systems is limited and should be corrected by the property owner -- be received and filed and the recommendation adopted. rl, Mr. Clark agreed that a member of staff will meet with the residents of the area and explain the above situation. Councillor MacDougall suggested that staff should look into the possibility of a local improvement tax whereby residents and the City would cost share in the implementation of water and sewer systems in unserviced areas. . Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor MacDougall Seconded by Councillor Flewwelling RESOLVED that the City Manager be requested to submit for Council's consideration a recommendation for the cost sharing of services in unserviced areas. J Councillor Knibb suggested that the Finance Department should be asked for its input in view of the difficulty of collecting local improvement taxes. Question being taken, the motion was carried. On motion of Councillor Knibb I; Seconded by Councillor Flewwelling RESOLVED that the status report from the City Manager regarding the existing occupancy permit program, outlining the existing program of occupancy permits and explaining the improve- ments that are recommended; noting that the Building By-Law includes a section outlining requirements for occupancy permits and the Building Inspector has implemented a program consisting of issuing occupancy permits in the form of letters for both major and minor projects, such program having a number of benefits as outlined, and recommending that occupancy permits only be issued after thorough review by the staff of the Building and Technical Services Department, the Fire Protection Division of the Fire Department and the Engineering Department -- be received and filed and the recommendation adopted. . ~ r'" 307 Councillor M. Vincent asked if the above recommendation will result in a delay to citizens in issuing occupancy permits to which Mr. Clark replied in the,negative and Mr. Johnson clarified that, with respect to the issuance of occu~ancy perm~ts, the B~ilding By-Law provides for temporarY,occ~pa~cy perm~t~ for p~r~ods of 3? days an~ that these are issued routinely until the C~ty ~s ~n a pos~t~on to ~ssue the ~~nal per~~t. Councillor A. Vincent suggested that the Department of Health should be ~~cluded ~n the list of departments to review occupancy permits to which Mr. Johnson repl~ed that, although he has not experienced a situation where the Department of He~lth's approval ~as req~~red, he sees no problem with adding the Health Department to the 17st.should,Counc~1 so w~~h. Councillor Davis asked if, as indicated in the above report, ~t ~s the,~ntent to requ7re, that all buildings display occupancy permits in a highly visible locat~on near ~he bu~ld~ng entrance to which Mr. Johnson replied that the City is in the process of em~ark7ng on this program with the permits having been acquired and in the process of be~ng ~ssued. Question being taken, the motion was carried. . I On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, although building permits show only a marginal increase from 453 i~ 1986 to 488 in 1987 and construction value has decreased slightly from $28,245,310.00 ~n 1986 to $24,504,109.00 in 1987, the residential construction industry is experiencing a s~b- stantial increase in activity with, by the end of May, the total number of new dwell~ngs being 196, the construction value of residential activity consisting of new cons~ru~tion of $9.431 million and renovation activity of $3.427 million compared to $4.026 m~ll~on and $2,493 million for new and renovation activity in 1986; also advising that new projects in the commercial/industrial sector should improve the situation in this specific area and that the institutional sector is significantly underperforming as there have been no major construction announcements by government since the 1985 announcements concerning the Saint John High School and Vocational School; concluding that the significant improve- ments in the residential sector of the construction industry are important as this increase translates into more construction jobs and a higher level of economic activity within the City; and recommending that staff continue to monitor the housing sector -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the security deposit in the amount of $140,000.00, with regard to the Waterview Heights SubdiVision, be released as the work on the Subdivision has now been completed to the City's satisfaction. ,I. Question being taken, the motion was carried. I. Read a letter from the City Manager regarding the application of Break-Time Catering Ltd. to re-establish a non-conforming use and change a non-conforming use, office and warehouse, to an office, warehouse and food preparation area for a catering establishment at 100 Rodney Street, the Planning Advisory Committee's recommendation in this regard having been withdrawn from Council's agenda of May 25, 1987 for a further report from staff on the basis that it had come to the Building Inspector's attention that the warehouse building was unsafe and in need of structural repair; submitting a report and recommendation from the Building Inspector and advising that, as the owner has now indicated by letter of June 12, 1987, that the building will be repaired and therefore will remain as part of the development, it is now in order to proceed further with the Planning Advisory Committee's recommendation which was based on the assumption that the warehouse structure will remain; suggesting that, in addition to the conditions presently proposed by the Committee, Council should also incorporate the recommendation of the Building Inspector which will ensure the warehouse building will be in a safe condition, and recommending that Council, in addition to the recommendation of the Planning Advisory Committee dated May 21, 1987, include a further condition as follows:- the warehouse building be structurally repaired to the satisfaction of the Building Inspector within 60 days of this approval by Council. On motion of Councillor Rogers .. Se.conded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee and pursuant to Section 41 of the Community Planning Act, Common Council prescribe the following standards with respect to the land, building, structures at 100-102 Rodney Street: (1) the chainlink fence be repaired, straightened and barbed wire removed, (2) the guiderail adjacent to 104 ROdney Street be removed, (3) the timber curb adjacent to 104 Rodney Street be relocated a minimum of 6 feet from the property line and the area between the relocated curb and property line be filled and sodded as approved by the Director of Planning, (4) the refuse container be screened from the rear of the properties at 87 and 95 Charlotte Street by way of solid panels as approved by the Director of Planning, (5) all work necessary to fulfill conditions 1, 2, 3, 4 be completed before June 30, 1987, (6) all exterior walls be repaired and restored, (7) all work necessary to fulfill condition 6 be completed before September 30, 1987, (8) the refuse container be kept adjacent to the kitchen service door and not within 10 feet of property lines, (9) there be no outside storage of vehicles or equipment of any kind, (10) there be no maintenance of trucks within the building or on the property and (11) products not be sold directly to the consumers or within 300 feet of the property: J . be of AND FURTHER that as recommended by the City Manager, the warehouse building structurally repaired to the satisfaction of the Building Inspector within 60 days this approval by Council. Question being taken, the motion was carried. ..... J08 ""lll Consideration was given to a letter from the City Solicitor advising of a request from Mr. Michael Wennberg, solicitor for J. D. Irving, Limited, to complete formal documentation to reflect recent changes to a water-pipe easement through lands on Thorne Avenue, formerly the Dominion Store site, owned by J. D. Irving, Limited, which will enable registration in the Saint John County Registry Office of documentation with accompanying plans; also advising that in such documentation exchange the City would release in its entirety the pipeline privilege obtained in 1943 and J. D. Irving, Limited would grant an easement in favour of the City which will give the City the easement and right of entry to repair, etc., the pipeline as presently located, and submitting a resolution should Council wish to give effect to Mr. Wennberg's request. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk, on behalf of the City, execute a release. in favour of J. D. Irving, Limited of the pipeline privilege obtained in 1943 in consideration of a grant of easement and right of entry from J. D. Irving, Limited to a pipeline which runs eastwardly from Thorne Avenue through lands and premises owned by J. D. Irving, Limited. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, due to an error in the public notice advertised for a public hearing of a proposed Municipal Plan amendment and re-zoning of property on Dever Road which was requested by Dexter Construction Company Limited, it will be necessary for Council to reschedule the public hearing to Monday, July 20, 1987. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the public hearing of the application of Dexter Construction Company Limited for a Municipal Plan amendment and re-zoning of property on Dever Road be rescheduled to Monday, July 20, 1987. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", was read in its entirety. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat 1987, when there were present Mayor Wayne and Councillors Gould, Knibb, Rogers, MacDougall, Vaughan and M. Vincent, submits the following recommendations, namely:- on June 15, Davis, Flewwelling, and your Committee 1. That as recommended by the City Manager, Common Council authorize the World Chess Festival to engage Colt Sports Network Inc., at a cost of $87,000.00, to provide the World Chess Festival with marketing and promotion expertise. 2. Rogers be John for That as recommended by appointed to the Board a term of one year. the Nominating Committee, Councillor of Directors of The Pipers Salute to Saint 3. Landry be Regional That as recommended by the Nominating Committee, Mrs. Alcida reappointed to the Board of Commissioners of the Saint John Hospital for a three-year term effective July 1, 1987. 4. That as recommended by the City Manager, the land at 228 Watson Street (L.R.I.S. Number 368050), being legally described as the northern half of Lot 308 Brooks Ward, be sold to the present lessee, Mr. Brian Straight, for the price of $1,450.00 which is 50% of the estimated value. 5. Clerk be No. 18, That as recommended by the City Manager, the authorized to execute the submitted Letter of C.U.P.E., with regard to foreman positions. Mayor and Common Agreement with Local 6. That as recommended by the City Manager, Mr. Donald O'Leary be appointed to the position of Director of Economic Development, effective July 6, 1987, with the conditions of employment as follows:- (a) annual salary $52,800.00, (b) benefits in accordance with City plans, (c) vacation _ . I I . 1 . I ~ ( . ..... ,... 3iJ9 three weeks per annum, able to take one week vacation during this calendar year, (d) professional associations - City would encourage and support participation in such associations related to economic development and would cover membership fees in accordance with established policy, (e) vehicle - employment related transportation requirements would be provided for in accordance with City pOlicy, (f) residency - must maintain residency within the City of Saint John as a condition of employment and (g) probation _ subject to the normal one year probation period for management employees. . 7. That as recommended by the City Manager, all previous policies respecting residency be rescinded: I AND FURTHER that Council adopt the submitted Statement of Policy Number 604 entitled, "Residency - Management/Professional/Non-Union Staff". 8. That as recommended by the City Manager, Council adopt the submitted Statement of Policy Number 619 entitled, "Residency - Unionized Positions". 9. That as recommended by the City Manager, Council adopt the submitted POlicy Statement Number 620 entitled, "Preference to Residents All Positions". I June 22, 1987, (sgd.) Saint John, N. B. Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Knibb adopted. Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be Question being taken, the motion was carried. . On motion of Councillor Flewwelling report be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section 3 of the above report be J, Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section 4 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb . adopted. Seconded by Councillor Rogers RESOLVED that section 5 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn .1 Seconded by Councillor MacDougall RESOLVED that as recommended by the City Manager, Mr. Donald O'Leary be appointed to the position of Director of Economic Development, effective July 6, 1987, with the conditions of employment as follows:- (a) annual salary $52,800.00, (b) benefits in accordance with City plans, (c) vacation- three weeks per annum, able to take one week vacation during this calendar year, (d) professional associations - City would encourage and support participation in such associations related to economic development and would cover membership fees in accordance with established policy, (e) vehicle - employment related transportation requirements would be provided for in accordance with City policy, (f) residency - must maintain residency within the City of Saint John as a condition of employment, (g) probation _ subject to the normal one year probation period for management employees, and (h) Mr. O'Leary's appointment is not made pursuant to S.74 of the Municipalities Act. ,I Councillor Rogers stated that although she has some concerns, she will be supporting the City Manager's recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 7 of the above report be . Question being taken, the motion was carried. lrl.... ""'IIIIl ;-$IU On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 8 of the . above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. 'I' On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory committee, (1) Common Council assent to Phase 1 of the subdivision plan entitled Ronald J. Maber Company Ltd. and Andrew Somerville Subdivision at 1050 Kennebecasis Drive with respect to the "Future Street" and the land for public purposes, Parcel PL-l and (2) that Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the responses from Mr. Eric J. Kipping, M.L.A. Saint John North; Mr. Bev Harrison, M.L.A. Saint John Fundy; and The Honourable Nancy Clark Teed, Minister of Health and Community Services, to Common Council resolution of ~1ay 11, 1987 regarding public health matters, be received and filed with appreciation. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. F. L. Webber expressing disagreement with Common Council resolution of June 8, 1987 regarding the application of Thistle-St. Andrews Curling Club for an amendment to the Section 39 re-zoning of property on Dufferin Avenue and requesting Council, if this matter is presented again, to vote against the Club's proposals -- be received and filed. 1 Discussion ensued during which time the differences were noted between the recommendations of staff to the Planning Advisory Committee and the Planning Advisory Committee to Common Council, and the resolution which was adopted by Council on June 8, 1987 and how it differed from the said recommendations and the residents' request. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. J. K. Tingley, Executive Director of the Saint John Regional Hospital, advising that, with regard to Common Council resolution of April 21, 1987 concerning hospital parking, this subject was considered by the Board of Commissioners and is being reviewed by senior management with the objective of reviewing the various alternatives to improve upon the parking facilities be received and filed with appreciation. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I, ~ Seconded by Councillor Rogers RESOLVED that the application of Mrs. J. A. McNeill for the re-zoning of property on Range Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 20, 1987. Question being taken, the motion was carried. ,[ Councillor A. Vincent commented on a satellite training program to be held in Saint John through the Atlantic Provinces Trowel Trades College of Summerside, P.E.I., in conjunction with the New Brunswick Community College, and Canada Manpower. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. . Question being taken, the motion was carried. Yk~~ 0~rd C on Clerk ~ "'" 31'1 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, A.D. 1987, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - I Messrs. R. S. Clark, City Manager; J. Nugent, Acting City Solicitor; T. Totten, Deputy Commissioner of Finance; J. Brown, Acting Assistant City Manager; R. G. Riley, Chief of Police; R. Johnston, Deputy Fire Chief; W. D. Todd, Director of Housing and Property Management; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewer Services; S. Galbraith, Director of Supply and Services; B. Sheridan, Assistant Director of Parks; J. Levesque, Director of Communications and Public Relations; J. McIntyre, Staffing Manager; Ms. Y. Huntington- LeBlanc, Director of Saint John Visitor and Convention Bureau; Miss J. Creamer, Administrative Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Her Worship the Mayor offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor A. vincent RESOLVED that minutes of the meetings of Common Council, held on June 20 and June 22, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the Wink family who recently moved to Saint John from Grand Prairie, Alberta, and commented on the progress being made with regard to the 1988 World Chess Festival as indicated in the official newsletter entitled "UPDATE". I, Councillor Flewwelling asked if the Mayor's item regarding the New Brunswick Museum, which is included for discussion in Committee of the Whole later this date, could be considered at this meeting to which the Mayor replied in the negative and asked that the City Manager's item regarding the meeting schedule during July and August be considered at this meeting. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the item, which is included for discussion in Committee of the Whole later this date, regarding the Council meeting schedule during July and August be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Vaughan . Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne expressing the understanding that there will be public hearings throughout the Province with regard to the Meech Lake Accord; requesting that the City Manager make arrangements for a representative of McGill University, York University, or a pOlitical analyst to advise Council of the possible impact of this Accord in view of media reports on how the present Government feels, the opinion of the Opposition and the concerns of the former Prime Minister, The Right Honourable Pierre Trudeau, and recommending that, in order for Council to be conversant and knowledgeable on this most important matter, a teach-in be held with the appropriate persons -- be received and filed and the recommendation adopted. I - -~\. The question of an appropriate person to address the above matter in an unbiased manner was broached and the Mayor asked the City Manager to attempt to arrange for a teach-in with the appropriate persons. Question being taken, the motion was carried. On motion of Councillor Rogers J Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Rogers requesting that, in view of complaints on the enforcement of the Dog By-Law, staff advise Council how the By-Law is presently enforced and whether any changes are recommended in the By-Law to ensure that dogs do not run at large in the City, and suggesting that the Director of Communications and Public Relations issue a reminder to the citizens in the City's weekly newspaper advertisement of the regulations under the Dog By-Law -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. . On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor A. Vincent requesting that staff submit to Council a complete report on damage caused to the press box at the Forest Hills Park as the result of a fire on June 26, 1987 -- be referred to the City Manager for a full report. ll... -., 31~ Councillor A. Vincent noted that he opposed Common Council resolution of April 29, 1985 awarding the contract for the construction of the press box on the basis that, due to vandalism to woodframe buildings, it would have been better to construct a masonry, rather than a woodframe shingled building, and asked that the staff report include the amount of funds expended on staff overtime at the Forest Hills Park compared to fields on the West Side and in the North End of the City in view of his opinion that vandalism is high in Forest Hills due to lack of overtime staff, and that the requested report also include the cost of maintenance of the building. . Question being taken, the motion was carried. Read a letter from Councillor A. Vincent requesting a report from staff on how discount dates for water and sewerage rates are established and, in particular, how payments postmarked prior to the discount date are handled. I Councillor A. Vincent noted that, for the first time since,the payment system was implemented, a discount date occurred on a Sunday and expressed the understanding that, if the discount date falls on a Friday or Saturday and the payment does not arrive at City Hall on the subsequent Monday, the customer loses the discount. Mr. Totten replied that the recent Sunday discount date was inadvertently set and such a situation will not recur and that, with regard to the procedure for affording the discount, payments received the day following the discount date are given the discount; unfortunately, however, problems do occur when, after two or three days' volume of mail, postmark dates on envelopes are missed. Mr. Totten added that there is no question that occasions occur when payments are delayed in the post and that staff is rece~tive to dealing with such situations. I On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above letter from Councillor A. Vincent be received and filed. . Question being taken, the motion was carried. ,On motion of Councillor Schermerhorn City Manager, authority be granted namely:- Standard Paving Maritime Limited - supply of asphalt Seconded by Councillor Rogers RESOLVED that as recommended by the for payment of the following invoice, June 17-23, 1987 $59,500.38 J. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Concrete Work 1986 - Phase II Contract #86-21 Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments preViously approved Sum recommended for payment, Progress Estimate Number 5, dated June 24, 1987 Final holdback release $243,655.80 273,374.11 Nil 271,334.11 $ 2,040.00 . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property on Gault Road, the public hearing for which was held on April 13, 1987 at which time two readings of the proposed Zoning By-Law amendment, as well as first and second readings of a proposed Subdivision By-Law amendment were given, and the ma'tter subsequently tabled on April 21, 1987 as requested by the applicant and citizens' group pending the outcome of their meeting to attempt to resolve ,matters of mutual concern; advising that, at a meeting on May 27, 1987, a group of citizens representing residents of the Gault Road area presented the submitted 8-point list of concerns to representatives of Hughes Surveys & Consultants Ltd. and the City, each point having been addressed individually by the applicant as indicated in the submitted copy of a letter; also advising that, in addition, the residents outlined, for the attention of the City, a number of existing problems in relation to Gault Road and existing development along it which could be made worse by the proposed development; stating that the majority of the concerns enumerated by the residents are matters which would be dealt with and resolved during the subdivision approval process which follows re-zoning, as it involves a separate application including detailed engineering drawings for streets, water and sewer systems, etc.; and recommending that Council adopt the Planning Advisory Committee recommendation contained in the submitted copy of its letter to Council dated April 9, 1987 that (1) ,I r- I . ~ I""" 3t3 the subject parcel of land located between Gault Road and Highway #7 be re-zoned from "RF" Rural and "R-IB" One-Family Re:oidential to "RSS" One-Family Serviced Suburban Residential classification and (2) the Subdivision By-Law be amended so that Schedule "c" designates this area west of Gault Road as a "possible area for 'RSS' inside Stage One", and further that staff be requested to comment at the time of the subdivision approval on the present condition and potential for further upgrading of Gault Road and the addition of a sidewalk be received and filed and the recommendation adopted: . I AND FURTHER that the by-law entitled, "By-Law Number C.P. 100-106 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing approximately 80 acres and located between Gault Road and Highway #7 (L.R.I.S. Numbers 413583, 413591, 413609, 413617, 413625, 413641, 413658, 413666, 413781, 414128, 414136, 414144, 414151 and 55005706), from "RF" Rural and "R-IB" One- Family Residential to "RSS" One-Family Serviced Suburban Residential classification, be read a third time and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P.IOO-I06 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. I Mr. Brown clarified that the proposed "RSS" zoning provides for one-family serviced suburban residential properties which require full municipal water and sewer services and provides for overhead utility installation and that the upgrading of Gault Road and matter of sidewalks will be addressed during the subdivision approval process. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Entitled A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", regarding the designation on Schedule "c" of a parcel of land containing approximately 80 acres, located between Gault Road and Highway #7, (L.R.I.S. Numbers 413583, 413591, 413609, 413617, 413625, 413641, 413658, 413666, 413781, 414128, 414136, 41414A, 414151 and 55005706) as a "possible area for 'RSS' inside Stage One" classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Entitled A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to the petition to Council on May 4, 1987 concerning the property at 260 Main Street, the building is now secure and, although the building has been vacant since 1985, it is not dangerous at the present time and action pursuant to the 1925 Building Act would be inappropriate, and recommending that staff continue to monitor this property -- be received and filed and the recommendation adopted. Mr. Johnson clarified that the subject building, although potentially dangerous, is not dangerous and dilapidated in accordance with the 1925 Building Act and advised that staff has not been in contact with the owner of the property on a verbal basis but only through correspondence to which the owner has responded and that staff will continue to monitor the situation. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager submitting an application for funding under the Greater Residential Incentive Program for the St. Coeur Subdivision at 125 Manchester Avenue, the subdivision having been approved by Common Council resolution of June 8, 1987; advising that the initial grant has been estimated at $136,000.00 with the final amount of the grant to be known upon completion of the project, submissions of final assessment and payment of the municipal services cost-sharing funds, which brings the total committed under the GRIP program to $362,772.00 from the 1987 budget of $500,000.00; and recommending approval of the GRIP grant for the St. Coeur Subdivision. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, Common Council approve a grant through the Greater Residential Incentive Program, estimated at $136,000.00, in favour of Yvon St. Coeur for the St. Coeur Subdivision, and that the Mayor and Common Clerk be authorized to execute the GRIP Agreement. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, with regard to parking on Dufferin Avenue, which was broached during the June 8, 1987 public hearing of the application of Thistle-St. Andrews Curling Club for an amendment to the conditions of re-zoning of the Club's property, the west side of Dufferin Avenue is posted as a no parking area under the provisions of the Traffic By-Law and that, although existing signage may be supplemented with a tow away message as a courtesy or information measure, there is no legal requirement to do so as Section 4(1) of the By- Law stands on its own merits and there is no need for special legislation to provide for tow-away action; also advising that, with respect to signage, the City follows the uniform traffic control sign policy and the signs on Dufferin Avenue conform to this policy and that, while it is legally possible to install a large no parking sign and also a sign .... 314 warning that cars parked illegally will be towed away, it is not Ci~y poli7y to do so on the basis that, once the City departs from a standard s~gn pol~cy, requests will come in from many. areas requesting additional non-standard signage in areas with their own particular parking problem~ or other ~raffic control measures, and concluding that, as generally there ~s enough s~gnage on City streets without making signage larger and increasing the variety, such nonstandard signage is not recommended -- be received and filed. Councillor Vaughan suggested that, although staff is concerned that a precedent could be set should tow away signs be installed on Dufferin Avenue, the situation in this area is different as it involves a Club in a residential area and noted that a $50.00 fine for parking in a tow-away zone could be more effective than a $5.00 parking ticket to discourage illegal parking practice. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Gould, Rogers, Vaughan and A. Vincent voting "nay". . I On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that tow-away signs be I placed on Dufferin Avenue. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, with regard to grass cutting, the Department of Transport plans this year to provide one cutting of the median and roadside strips and two or possibly three cuttings of the ramps with string trimmers; also advising that, in an effort to improve some of these areas, City crews have scheduled fourteen cuts in certain interchange areas where City machinery can be utilized, at an estimated cost of $10,000.00; 'also advising that regarding a letter from the Board of Trade to the Mayor in which a number of unsightly areas visible from the Throughway were mentioned, staff found only one to be City property; and recommending that the Province be billed for City costs in connection with servicing these interchange areas -- be received and filed and the recommendation adopted. . The Mayor concurred with Councillor A. Vincent's request for a report on plans for the maintenance of Haymarket Square and noted that The Honourable Gerald Merrithew, Minister of State for Forestry and Mines, announced at a press conference earlier this date that the Federal/Provincial Transportation Agreement will provide $9 million for the road to the Saint John Airport, funds for the highway to Hampton and the Martinon cutoff area. ,I -;--.:' Question being taken, the motion was carried. Read a letter from the City Manager advising that Council confirmation is required for the payment of a $20,000.00 commitment made to the Organizing Committee when the World Soccer Tournament was announced for Saint John. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that Common Council payment of $20,000.00 to the Under 16 World Soccer Tournament. approve Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager regarding the tender for the demolition of vessels, structures, etc. in the vicinity of Riverview Drive, which was tabled on June 22, 1987, advising that staff is still reviewing the situation with the solicitor for Imperial Investments Limited and will have a recommendation on this matter at this meeting. Consideration was also given to a letter from ,the City Manager (copies of which were distributed to Council members earlier this date) advising that the Deputy Fire Chief indicated that the letter from the solicitor for Imperial Investments Limited considered by Council on June 22, 1987 did not provide sufficient protection to the public and also, although the stairs have been removed and the owner of the property has expended some additional money in securing the property and has apparently engaged Burchill Construction, the property was not completely secured and, during an in- spection at 5:30 p.m. on June 25, 1987 staff could gain easy access to the entire facilities; stating that the proposals contained in Mr. Glennie's letter of June 22, 1987 cannot be supported by staff for the reason that, until the owner is able to demonstrate that he can keep the premises secure and that he is willing to spend sufficient resources~to protect the public, the public interest has not been satisfied; also stating that the lack of an acceptable amount of working capital for the contractor and security with respect to the City's possible future actions in this matter, i.e. demolition, make staff support of Imperial Investment's latest proposal impossible; and recommending award of the demolition tender. I JJ ( Consideration was also given to a letter from Mr. Raymond F. Glennie, solicitor for Imperial Investments Limited, advising that Imperial Investments Limited (1) has hired a local contractor to keep the subject property secure, (2) agrees that any change to the local contractor will be subject to the approval of the Building Inspector, (3) will reimburse The City of Saint John for its reasonable advertising costs to date in this matter and (4) will '. ~ I""'" 315 deposit in the trust account of Palmer, O'Connell, Leger, ROderick, Glennie, an amount agreed to with the local contractor as a sum sufficient to keep the property secure; and requesting, on behalf of Imperial Investments Limited, an adjournment or postponement of this matter for a period of 60 days to allow Imperial Investments Limited to complete a transaction for the sale of this property and, in the event the transaction is not so completed, Imperial Investments Limited would like the opportunity to remove the vessels at its expense within a time specified by Common Council. . On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the low bidder, Galbraith Construction, be awarded the tender, in the amount of $35,000.00, for the demolition of the vessels, structures, etc. in the vicinity of Riverview Drive (L.R.I.S. Number 33084). IInay". Question being taken, the motion was carried with Councillor A. Vincent voting On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from Mr. Raymond F. Glennie, solicitor for Imperial Investments Limited, be received and filed. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Murray & Gregory Limited have been completed and that the waiting period for objections expired on June 24, 1987 with a letter having been received from The New Brunswick Museum. . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of Murray & Gregory Limited for a Municipal Plan amendment and re-zoning of property located on both sides of FallsviewAvenue be referred to the Planning Advisory Committee for a report and recommend- ation and that the necessary advertising be authorized in this regard, with the public hearing to be held on TueSday, August 4, 1987. ' Question being taken, the motion was carried with the Mayor voting "nay". Read a letter from the Common Clerk submitting two resolutions which were adopted in Legal Session on June 22, 1987. I. -~ On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that in the absence of the City SOlicitor, Mr. John Nugent be appointed Acting City Solicitor. Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor A. Vincent o . Seconded by Councillor Rogers RESOLVED that Council accept the following terms of settlement of the actions between The City of Saint John and Irving oil Ltd. arising out of the explosions and fires of April 19, 1986:- (1) Irving will pay the City the sum of $75,000.00, inclusive of costs; (2) the City will discontinue its claim against Irving; (3) Irving's claim against the City will be discontinued, with no payment to Irving; and (4) this settlement is with respect to the claim of the City against Irving and Irving's counterclaims, and no indemnity is given to the City with respect to the claims of other parties. I Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) Read a letter from the Common Clerk submitting a resolution adopted in Legal Session of Council on Tuesday, June 23, 1987. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement with Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., with regard to (a) Blue Cross benefits for persons on disability allowance, (b) Blue Cross benefits for retirees and (c) the increase in the Blue Cross contributions: AND FURTHER that (1) the new wording of article 19:03(d) must be included in future working agreements and (2) the issue of benefit coverage be settled by the joint committee and not in the current round of Police negotiations. . "nayll . Question being taken, the motion was carried with Councillor Rogers voting ll... ~ ';:S Ib Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John . The Committee of the Whole reports Your Committee begs leave to report that it sat on June 22, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Chief of Police, the Mayor and Common Clerk be authorized to execute the submitted letter of agreement granting Constable A. C. Martin leave of absence without pay for a period of two years for the purpose of being seconded to the staff of the Canadian Police College, Ottawa, Ontario. I' ~ 2. That the Mayor and Common Clerk be authorized to execute the secondment agreement with the Canadian Police College regarding the secondment of Constable A. C. Martin; 3. That Council approve the necessary funding for the upgrading of the lighting at the Canada Games Stadium at UNBSJ. I 4 . That as recommended by the City Manager, (1) Common Council approve the execution of an agreement between CNR and the City relative to the acquisition of property for the proposed civic centre project, the terms of the agreement to be as follows:- (i) ,CNR will convey to the City: (a) the so-called Station Street lands comprising 8.62 acres subject to the City giving CNR appropriate safeguards to ensure the use of the area shown in crosshatch on submitted Schedule "D" by VIA for its passenger train service; the lands to be required by VIA are estimated at 1.5 acres, and it is agreed they have a nominal value of $1.00; however, if the lands required are less than 1.5 acres, the City agrees to pay CNR $2.95 for each square foot of land, less than 1.5 acres. . (b) the grain elevator site on Water Street comprising 1.39 acres subject to a lease between CNR and Furncan Marine Ltd. for a portion of the lands and premises shown in crosshatch on submitted Schedule "C". -I. ~ (ii) In return for (i) above: (a) the City will undertake to demolish the CNR grain elevator located on the lands and premises shown in crosshatch on submitted Schedule "C"; the City agrees to demolish or to effect demolition of the said grain elevator at its sole cost and expense prior to December '31, 1987; the City assumes all liability and risk associated with the demolition of the grain elevator, and it is agreed between the City and CNR that the cost of demolition be calculated at $847,128.00. Should the cost of demolition be greater than $847,128.00, then CN, tcLmake up the difference by transferring additional land to the City, all such transfers of land to equalize the exchange value to be approved by the President, CNReal Estate and Common Council. . Should the cost of demolition be less than $847,128.00, then the difference to be made up by either CN receiving additional land or cash as may be approved by the President, CN Real Estate and Common Council. It is also agreed that CNR will be invited by the City to participate in the awarding of the contract for the demolition of the grain elevator. ,I~ (b) the City will transfer to CNR the lands and premises shown in crosshatch on submitted Schedule "B" and commonly known as the George Street site, the conveyance to be subject to an easement in form and substance which will permit the placement of a pedway system over or on the site to join the proposed civic centre with the downtown area. ( (2) Should the terms change in a substantial fashion, Council's approval will be requested; and (3) The said agreement to be in a form and substance acceptable to the City's Legal Department. June 29, 1987, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man . .... II"'"' ~v On motion of Councillor Schermerhorn . adopted. Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn J adopted. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. I , ~ ~- Question being taken, the motion was carried. On motion of Councillor Knibb be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report Councillor Rogers suggested that the grain elevator should be fumigated prior to demolition. . Question being taken, the motion was carried. (Councillor MacDougall entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Douglas McKay, an employee of the Works Department, in accordance with Section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. t Question being taken, the motion was carried. With regard to the summer schedule of Common Council meetings, the Mayor suggested that, commencing July 6, 1987, Council meet every second week during July and August with legislative and policy meetings in alternate weeks if required. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that Council meet every second week during July and August with legislative and policy meetings in alternate weeks if required. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. J ~W~d ommon Clerk I , , . ~ 31e At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of July, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, A. vincent and M. vincent - and - Messrs. N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; J. Nugent, Acting City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. I1cDevitt, Fire Chief; B. Thompson, Deputy Police Chief; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Hanagement; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewer Services; S. Galbraith, Director of Supply and Services; J. Brownell, Assistant Director of Recreation; B. Sheridan, Assistant Director of Parks; B. Steeves, Deputy Building Inspector; Mrs. ~l. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. ,~ ~ I, ~ Reverend David Jackson of St. Mary and St. Bartholomew's Anglican Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on June 29, 1987, be approved. . Question being taken, the motion was carried. Her Worship the I1ayor read two proclamations, one proclaiming July 10 and 11, 1987 to be Public Information Days with respect to the Elks and Royal Purple of Canada, the other proclaiming July 9, 1987 to be Sri Cllinmoy Peace Run Day in the City of Saint John; and commented on the July 1, 1~87 Canada Day activities in Saint John. Her Worship the Mayor extended a message of sympathy to the family of the late Reverend Roy Evans who passed away on June 30, 1987. On motion of Councillor A. Vincent ,....-,1"> , ~ ~, Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Reverend Roy Evans. Question being taken, the motion was carried. Councillor Flewwelling asked that three items (copies of wllich were forwarded to Council members as information items) be added to the agenda for consideration at this meeting as follows:- (1) a letter regarding the cardiac care unit, (2) the schedule of Common Council meetings for July, August and September and (3) a letter regarding the United States naval visits to Saint John. . On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Deputy MayOr Gould suggested that the item (copies of wn~cn were forwarded to Council members as an information item) regarding the history of the Reversing Falls Bridges should be added to the agenda and Councillor Knibb asked that the City llanager' s recommendation (whicll was considered in Committee of the Whole earlier this date) regarding the sale of land on McAllister Drive be added to the agenda of this meeting. "I-.~ .~ ~---- On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. r ',/-7 Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of property located at 59 Harmony Drive (L.R.I.S. Number 312330), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to permit the continuing use of the existing building as a three-family building, as requested by Wade and Jeannine Moore, and that no written objections were received in this regard. No persons were present with respect to the proposed re-zoning. . ~ II"'"' ~19 Consideration was given to a letter from the Planning Advisory Committee recommending that the property at 59 Harmony Drive (L.R.I.S. Number 312330) be re-zoned from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John insofar as it concerns re-zoning the property at 59 Harmony Drive (L.R.I.S. Number 312330), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a first time. I Read a:-firstCtime the ',by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning the property at 59 Harmony Drive (L.R.I.S. Number 312330), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Ltd. - supply of asphalt June 10-15, 1987 $38,176.96 Seconded by Councillor Gould " Mr. Robichaud, replying to Councillor Rogers' query with regard to the previous suggestion that staff submit running totals of tonnage and payments to date for asphalt, advised his intent to submit such reports at the end of each month. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Ltd. - supply of asphalt June 24-30, 1987 $62,373.92 Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager advising that, with regard to Common Council resolution of June 29, 1987 concerning the replacement of the existing no parking signs on Dufferin Avenue with a larger version of sign to include a tow-away message, material has been ordered for the signs, which will be approximately 2 feet by 1 1/2 feet and must be manufactured by the sign shop, and installation is expected within 3 weeks -- be received and filed. J. / Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising of a request from the solicitor for Linda Marie Jennings for an easement permitting the encroachment of the building at 27-29 Milford Road and concurring with the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk be authorized in consideration of payment of one dollar ($1.00) to execute a grant of easement in favour of Linda Marie Jennings to permit the encroachment upon Milford Road of her building at 27-29 Milford Road, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. . Read a letter from the City Manager advising of a request from the solicitor for 039105 N.B. Limited, owner of the former Zellers building at 75 King Street, for an easement permitting the encroachment of the building on Market Street South and King Street, and concurring with the submitted resolution which was prepared by the Legal Department. ll... ""Ill 32U On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk on behalf of The City of Saint John in consideration of the sum of one dollar ($1.00) execute grants of easement in favour of 039105 N.B. Limited to permit the encroachments upon Market Street South, a private street, and upon King Street, of the building at 75 King Street, such easements to terminate with the destruction or removal of the encroachments. . Question being taken, the motion was carried. On motion of Councillor 11. Vincent I ....- Seconded by Councillor Gould RESOLVED that the letter from the city Manager advising that, with regard to the petition considered by Council on June 15, 1987 requesting improvements to Sandy Point Road on the basis that signage is inadequate at the junction of Sandy Point Road and the North-South Arterial and that the curve in the road where the two roads meet is dangerous, the intersection in question was designed by an engineering consultant on the City's behalf, with the final design having been approved by the Province, to meet geometric design standards and problems with the curvature in the roadway cannot be related to unsafe design on the basis that Police accident records show that there have not been any reported accidents at this site in the past 6 months which is an indication that the intersection is functioning at a level well above normal for new intersections; also advising that staff met with representatives of Peacock's last fall and reviewed the situation which resulted in the installation of an additional warning sign at the intersection and that, although signage at this intersection conforms to established standards, additional warning signs will be installed on the curve approach to the intersection and a supplementary street name sign will be installed on the opposite side of the intersection to attract motorists' attention as there appears to be some confusion to those who are accustomed to an uninterrupted drive on the old alignment of Sandy Point Road; and recommending that staff be advised to install additional signage at the intersection of Sandy Point Road and Churchill Boulevard and to continue to monitor the situation -- be received and filed and the recommend-, at ion adopted. I . The Mayor asked Mr. Sheridan to look into the matter of the Sussex Drive street sign at the intersection of Millidge Avenue which is apparently hidden from view by tree foliage to persons approaching the Millidge Avenue intersection from the Regional Hospital. Question being taken, the motion was carried. I' ,;:---' On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to the lack of asphalt surface at the end of Colpitts Avenue due to a recent extension of services in the area which was the subject of a letter from Councillor Knibb in Committee of the Whole on June 29, 1987, due to the manner in which the City had in the past participated with Mr. Arnold Brewster in the service upgrading of his subdivision by the reimbursement of the cost of piping materials in the usual manner of cost sharing, it was considered appropriate to defer the pavement extension and not require Mr. Brewster to absorb this cost and that staff did not feel that the area would develop quickly and that the owner of property on the west side of the street would eventually consider a similar subdivision and the creation of additional lots; also advising that the estimated cost of extending the asphalt paved surface approximately 60 feet is $2,500.00 which would not complete the full length of the street as an additional currently undeveloped lot remains, and recommending that the paving of Colpitts Avenue be added to the 1987 Capital Program at an estimated cost of $2,500.00 -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. The Mayor asked that the City Manager's letter regarding the removal of obstructions in street right-of-ways be withdrawn from the agenda as legal counsel wishes to review the matter. l On motion of Councillor Gould Seconded by Councillor MacDougall RESOLVED that the above-mentioned item be withdrawn from the agenda. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City 11anager advising that, as a result of the City's unsuccessful attempt in 1976 to enforce the Mobile Home Parks By-Law with respect to Kierstead Trailer Park, this By-Law has not been actively enforced; also advising that staff anticipated that approximately 75 days of staff resource is required to make a major review and to thoroughly investigate each of the 6 . ~ II"'"' ~21 ~ ." - ~. I I . I . 1 I . ~ trailer parks, however, as a result of Moreland Trailer Park's extension currently under construction, this park has been reviewed and that, although it is staff's intent to begin review of the Kierstead Park in 1987, the continuation of high levels of construction activity could preclude this program from starting; and recommending that (1) staff enforce the By-Law with respect to the Moreland and Kierstead Trailer Parks in 1987, (2) subsequent to these enforcement procedures having been substantially complete, staff will review the By-Law and the results of the enforcement action and determine whether it is appropriate at that time to make further recommendations as to the By-Law's adequacy and (3) as staff resources are inadequate for more action in enforcing this By-Law in 1987 without sacrifice in the area of minimum standards and support to the construction industry, no further action be taken at this time with the problem to be reviewed again in August 1987 -- be received and filed and the recommendation adopted. Councillor Rogers expressed concern that the intent of staff is to enforce the Mobile Home Parks By-Law in 2 trailer parks only despite the existence of 6 parks in the City and suggested that, if staff time is limited, it might be necessary for the Department to change priorities in order to place the mobile home parks issue as a higher priority than it is at the present time. Mr. Brown explained that it is the intent to review the whole issue and the By-Law with action to be taken immediately in certain areas and the situation to be assessed again in August 1987. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that, in response to Councillor A. Vincent's request on June 29, 1987 for details on vandalism at Forest Hills Park, the concept that vandals have a much greater tendency to strike when a facility is unstaffed and not in use is substantiated by acknowledging that the fire in the press box occurred between midnight and 5:00 a.m:; however, while a commissionaire is employed who circulates through such locations during the evening, it is questionable whether or not a similar approach of a security patrol from midnight on would be effective in resolving this issue on the basis that the Police report states that Police officers, 2 1/2 hours before the fire, saw a group of youths behind the school and that the youths ran when they saw the Police car and that, although it must be accepted that a commissionaire would be less effective than the Police in such a case, it is not believed that overtime staffing would have a significant impact in reducing the frequency of vandalism occurrences; suggesting that another option in attempting to increase viligance on relatively-isolated sites such as this is to improve the dusk to dawn lighting; elaborating on the damages which occurred in the instance in question with the total estimated repair cost being $1,800.00 which has been filed as a single incident claim against the City's insurance; also advising that previous incidents in the Forest Hills Park have been minor and incidental in terms of cost with one previous significant incident of vandalism at the press box in 1986 with estimated damage of $600.00 and the recovery basis of insurance being $1,000.00 deductible, therefore, as the fixture has not been used and the damages were almost entirely internal, it was decided not to execute all of these repairs until such time as the building would be used again -- be received and filed. Councillor A. Vincent suggested that, in view of the reference in the above report to staffing many years ago in such high profile locations as Forest Hills Park while in fact the Forest Hills Park has only been in existence since 1985, the above report should be tabled in order for staff to provide a further report in this regard. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table until the next meeting of Council. The Mayor asked Councillor A. Vincent to advise the City Manager of the questions to be answered in the staff report. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting plans of the existing layout of the small floral bed at the head of King Street, as well as plans for a proposed larger bed with the desire being to undertake reconstruction of the floral bed in 1987 and eliminate the granite steps which flank each side of the bed at an estimated cost of $10,000.00; advising that funding is available from the Stockford Memorial Trust Fund which was established for this type of project, and recommending that Common Council approve Fund dedication from the Stockford Memorial Trust Fund for this project -- be received and filed and the recommendation adopted. Councillor Rogers asked the amount of the Stockford Memorial Trust Fund to which Mr. Wilson replied that the Fund contains in excess of $67,000.00. Councillor Davis noted that the existing 36-inch concrete pad for a sign insert blocks the view from King Street of the King Square bandstand and Councillor Flewwelling asked the age of the granite steps which staff proposes to eliminate, the latter to which Mr. Sheridan replied that, although he is uncertain of the actual age of the steps, it is his understanding that they have been in place for a considerable number of years and that, while the proposed asphalt walkways could be eliminated and the granite steps left in place, this would result in limited access to King Square and create a problem for disabled and handicapped persons, therefore staff would prefer to install the proposed ramp on either side of the floral bed. Mr. Sheridan advised that the granite steps would not be discarded in any event and could be utilized in another area and noted that access to the Square will still exist along both sides of the floral bed with ramp-type walkways which presently exist. Councillor A. Vincent suggested that the 322: gran~te steps e t ~n pLace ana quest~onea the whereabouts of the Women's Christian Temperance Union free-standing drinking fountain which previously formed part of the King Square monuments. Councillor M. Vincent asked if lights will be installed on either side of the floral bed to which Mr. Sheridan replied that it is not the intent to change the lighting in King Square. Councillor Davis suggested that, prior to Council dealing with the above matter, staff should determine if the W.C.T.U. fountain stones are available and can be reassembled. .~ On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table for one month for a further report from staff. '- I - Question being taken, the tabling motion was carried with the Hayor and Councillors Knibb, Schermerhorn and H. Vincent voting "nay". (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Rogers I Seconded by Councillor Gould RESOLVED that as recommended by the city Hanager, the land on the eastern side of McAllister Drive lying south of the former White Hotors property and containing approximately 2.5 acres be sold to Midland Transport Ltd. under the following terms and conditions:- (1) the purchase price to be $21,500.00 per acre, (2) Midland Transport Ltd. will be responsible for the preparation of the necessary survey and subdivision plans, (3) Midland Transport Ltd. to apply for the necessary re-zoning and permission is given to allow such application, (4) the sale is dependent on the proposed re-zoning being approved, but the agreement to sell neither explicitly nor implicitly obligates the City to proceed with the re-zoning which will be handled in the normal manner, (5) the sale to take place within 30 days of the finalization of the change in zoning and (6) Midland Transport Ltd. is given permission to enter the land and do such excavation and filling as is necessary once the subdivision plan has been approved by City staff and the application for re-zoning has been submitted with such excavation and filling to be in accordance with all City by-laws and, if the re-zoning is not approved, the land will be returned to a safe condition, if Midland Transport Ltd. should choose not to proceed with the sale. . Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) Read report of the Committee of the Whole (as follows) I ~"" To the CmmON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 29, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council approve the submitted guidelines for the Housing Through Infill Development Program (H.I.D.), and that a budget of $300,000.00 be approved for the Program in 1987. . 2. That as recommended by the City Manager, (1) a portion of the former Margaret Street shown as Parcel "B" on the submitted plan be sold to Jask Enterprises Limited for a price of $570.00 and (2) the cost of the survey and subdivision plan required to complete the sale of both Parcels "A" and "B" be the responsibility of the purchasers with a proportionate share to be paid by each upon transfer of the property. 3. That a grant in the amount of $250.00 be approved for the Saint John YM-YWCA Teen Girl's Conference to be held in Saint John on September 25-26, 1987. I , 4. That as recommended by the City Manager, (1) Common Council approve the hiring of the consulting team led by the IBI Group to prepare the Saint John Civic Centre Study (Phase II), (2) the Study be prepared in accordance with the Terms of Reference of November 1986 and the IBI Group consultants' proposal of May 21, 1987 and (3) the maximum Study fee will be $59,575.00 plus applicable taxes, but including all fees and expenses. I 5. That the classifications and 1987 salary ranges for managerial/professional personnel be adopted as recommended by the City Manager as follows:- Grade 10 - $61,600.00 - $70,000.00 No positions at this time Grade 9 - $57,200.00 - $65,000.00 Assistant City I1anagers; Deputy City Manager; Commissioner of Finance; Commissioner of Human Resources; Fire Chief. . ~ ~ 3B ~ .~ . Grade 8 - $52,800.00 $60,000.00 City Solicitor; Commissioner of Environment and Infra- structure Services; Director of Recreation and Parks. . I Grade 7 - $48,400.00 - $55,000.00 Director of Engineering; Director of Water and Sewerage Services; Director of Works Operations; Director of Supply and Services; Director of Community Planning; Building Inspector & Director of Technical Services; Director of Housing and Property Management; Director of Saint John Visitor and Convention Bureau; Deputy Chief, Fire; Common Clerk; Deputy Commissioner of Finance; Manager, Data Processing Systems; Director of Personnel. Grade 6 - $44,000.00 - $50,000.00 Executive Director, Port Development Commission; Chief Accountant; Purchasing Agent; District Chief, Fire; Manager, POlicy Planning Division; Manager, Development Division; Manager, Staffing and Development; Assistant Director, Recreation; Assistant Director, Parks. I Grade 5 - $39,600.00 - $45,000.00 Director of Communications and Public Relations; Budget Officer; Engineer III (Sr. Project Engineer); Traffic Engineer; Planner III; Manager, Building Maintenance; DPS Supervisor (Vacant); Solicitor III. . Grade 4 - $35,200.00 - $40,000.00 Operations Engineer; Engineer II (Project Engineer) ; Deputy Building Inspector; Heritage Planner; Planner II; Superintendent/Treatment Plant; Superintendent, Water and Sewerage; Superintendent, Works; Superintendent, Supply and Services; Superintendent, Parks; Budget Control Officer; Administration Officer (Fire) ; Appraisal Officer; Chief, Rehabilitation Services; Manager, Public Affairs; Executive Assistant, City Manager. Grade 3 - $30,800.00 ~ $35,000.00 Solicitor II; Engineer I (Design Engineer); Land Surveyor; General Foreman, Water and Sewerage; General Foreman, Supply and Services; General Foreman, Works; General Foreman, Parks; Assistant Superintendent, Arenas; Assistant Superintendent, Golf Course; Assistant Common Clerk; Deputy Market Clerk. I Grade 2 - $26,400.00 - $30,000.00 Salary & Benefits Officer; Staffing and Development Officer; Safety Officer; Executive Secretary, City Manager. Grade 1 - $22,000.00 - $25,000.00 Executive Assistant to the Mayor; Administrative Secretary to the Mayor. 6. That the City Manager's salary for 1987 be increased by 4% retroactive to January 1st of this year: AND FURTHER that the average salary increase for 1987 amongst Management/ Professional employees is 4%: . AND FURTHER that any increases in Management/professional salaries, which have been granted by the City Manager pursuant to authority delegated to him by Common Council on July 7, 1986 are retroactive to January 1st, 1987. July 6, 1987 Saint John, N.B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air man On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. I Mr. Todd noted that, as part of the residential development strategy presented to Council in April 1987, Council adopted in principle the concept of a pilot infill housing project in order to stimulate housing development in old areas of the City and the basic features of the H.I.D. program are (1) the City will provide a grant equivalent to 15% of the increase in property tax assessment resulting from the development, (2) the program will be applicable in three specific areas of the City, being portions of each of the South End, North End and the West Side, (3) there is no limit on the number of units which must be contained in a project and a project can be a combination of new construction and rehabilitation, with the new construction portion of the project to be a minimum of 50% of the project and (4) applications for the program will be accepted as a result of a proposal call utilizing very specific criteria, such proposal call, should Council approve the H.I.D. program at this time, anticipated to be advertised the week of July 13 with a closing date six weeks following that time. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. ~ 32'4:: Quest~on e~ng taken, the mot~on was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould . RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above , report be adopted. Councillor M. Vincent asked what time frame is proposed for the study and if Council will receive interim reports to which the Mayor replied that the timeframe is three months and Mr. Brown added that the consultant will submit status reports for review prior to finalization. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Councillor A. Vincent noted the absence from the proposed classifications and salary ranges of members of the Police Department to which the Mayor replied that the Acting City Solicitor is to submit a report to Council at its next meeting in this regard. . Question being taken, the motion was carried with Councillor A. vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the City Manager's salary for 1987 be increased by 4% retroactive to January 1st of this year: AND FURTHER that the average salary increase for 1987 amongst Management/ Professional employees is 4%: AND FURTHER that any increases in Management/Professional salaries, including those of incumbents whose salaries fall outside the new salary ranges, which have been granted by the City ,Manager pursuant ,to the authority delegated to him by Common Council on July 7, 1986 are retroactive to January 1st, 1987. :; ',' I. - , ~1r. Wilson confirmed Councillor MacDougall's observation that the total dollar cost to the City of Saint John is less than 4%, and he confirmed Councillor A. Vincent's observation that, in order to obtain an average of 4%, 0% increase and as high as 6% increase is being used. The Mayor explained that management/professional employees will no longer receive across-the- board percentage increases and that salary increases are carried out on an evaluation and merit basis; therefore, some employees will receive 1%, 2% or 3% increases, two or three employees did exceptional work and some employees were well below what their salary should have been and that the City Manager has attempted to bring their salaries up to an appropriate level; therefore, of an overall budget of $158,000.00 representing 4%, the above-proposed increases total $154,000.00. Councillor A. Vincent asked if it is the intent to continue the salary ranges in 1988 in view of the fact that for example the grade 4 scale is $35,200.00 to $40,000.00 while that for grade 10 is $61,600.00 to $70,000.00 which suggests that those employees with higher incomes will receive larger increases on a percentage basis. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan showing lots 5, 6 and the land for public purposes with regard to the Katherine J. Clark Subdivision at 39 Churchland Road. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to a subdivision plan based on the submitted copy of the tentative plan of the Wilfred Land Subdivision at 84 Baxter Road showing lot 87-1 with respect to the required extension of Baxter Road and (2) the sum of $135.00 be accepted as money-in- lieu of land for public purposes: AND FURTHER that permission be granted for the use of on-site water and sewer facilities subject to the requirements of the Department of Health. . ~ JII""" 326' . I I . I . 1 I . ... At Councillor Schermerhorn's suggestion, Council's approval for on-site water and sewer facilities was added to the above motion, such recommendation having been made by the Planning Department to the Planning Advisory Committee and approved by the Committee. (Councillor A. vincent withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the 1986 Annual Report of the Saint John Parking Commission be received and filed with appreciation. Councillor Schermerhorn noted that the actual 1985 income of the Commission was $340,804.00 while in 1986, of a budgeted amount of $336,440.00 for income, a total of $407,385.00 was achieved, and that the Commission anticipates the implementation by September 1987 of a residential parking permit program. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Loyalist Days Inc. requesting permission to have each day between approximately 11:30 a.m. until 1:30 p.m. from July 20 to 24, 1987, the area of Charlotte Street from Union Street to the City Market entrance blocked off for the Corporate Challenge Snowball Fight In July event, and to close off King Street East on July 25 from 9:00 p.m. to midnight for the purpose of having a teen street dance -- be received and filed with the request approved and referred to the Saint John Board of Police Commissioners and the Chief of Police. Question being taken, the motion was carried. On motion of councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Dorothy P. Fudge suggesting that there could be an employee in the City Market building to keep the aisles, clear of litter, especially wet leaves from fruit, vegetables, etc., in order to resolve a problem of pedestrians falling -- be referred to the City Manager for a report to Council. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motionof,Council10r,Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mr Raymond C. Graves requesting an asphalt sidewalk along that portion of Ocean Westway beginning at the St. Stephen, Grand Bay, Gault Road intersection, located in front of the Carvell House, extending westerly along Ocean Westway to Birchwood Place, as this portion of Ocean Westway carries traffic from the northern part of the Province and from Eastern Canada to the throughway and to destinations east and west giving this section of Ocean Westway extremely heavy traffic -- be referred to the City Manager for investigation and a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Steven Tower requesting permission to operate pony rides during the summer months at the Lakewood Reservoir Beach property owned by the City of Saint John -- be referred to the City Manager for a report at the next Council meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the letter from Loyalist City Wheelchair Club requesting a grant to assist in transportation costs to Halifax, Nova Scotia, for participation in the Atlantic Disabled Games -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the copy of the letter to the Mayor from the Chief of Internal Medicine at the Saint John Regional Hospital expressing appreciation to Common Council for its support to the Hospital's Cardiac Care Committee in its brief to the Department of Health concerning a cardiac surgery unit -- be received and filed. Question being taken, the motion was carried. -., 3'26 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the schedule of Common Council meetings for July, August and September 1987 be received and filed. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Mayor advising that the USS Fulton, an American submarine supply ship, will be visiting Saint John from New London, Connecticut, during July 27 to 31, 1987, followed by a a visit of the USS Fairfax County from Norfolk, Virginia, during August 9 to 12, 1987 -- be received and filed. I Question being taken, the motion was carried. Councillor A. Vincent asked who is responsible for enforcing the by-law which prohibits placing posters, signs, etc. on utility poles in the City to which the Mayor replied that Messrs. Barfoot and Nugent have been given specific direction on action to take on July 7, 1987, such action being to determine who placed the posters on the light standards in the downtown core and have the posters removed, and to contact Mr. R. Burpee of the Power Commission of the City of Saint John in this regard. I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Mayor submitting a letter from the Association of Professional Engineers of New Brunswick which includes a history of the Reversing Falls Bridges -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I.fk+I W Cfk;r Common Cl k 'I o ' . J '~ I , ~ . ~ ,. ~'2.fl At a meeting of the Common Council, held at the City Hall in the City of saint John, on Monday, the twentieth day of July, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Nugent, Acting City Solicitor; T. Totten, Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. MCDevitt, Fire Chief; S. Bedford, Acting Director of Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewer Services; M. Jamer, Director of Operations; D. O'Leary, Director of Economic Development; J. Levesque, Director of Communications and Public Relations; J. Brownell, Assistant Director of Recreation; J. Johnson, Building Inspector; B. Moe, Planner; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Miss J. Creamer, Mayor's Office; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I " prayer. Reverend Paul Fosmark of the Fundamental Baptist Church offered the opening . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on July 6, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor extended condolences to the family of the late J;., William GOldsworthy, a Police Officer of the City of Saint John, who passed away on July 18, 1987. On motion of Councillor Gould 'I Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late J. William Goldsworthy. Question being taken, the motion was carried. Her Worship the Mayor commended the Saint John Trojan Rugby Club for its efforts in improving the property at the corner of Chesley Drive and Hilyard Street, as part of its "Adopt A Lot" project, the details of which were presented to Council on May 25, 1987, and read a letter from the Club in this regard. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John express appreciation to the Saint John Trojan Rugby Club for its "Adopt A Lot" project. Question being taken, the motion was carried. I. Consideration was given to a letter from Councillor Knibb regarding the confirmation of the appointment of the official Town Crier for the City of Saint John, a competition for which was held on July 18, 1987 with the panel of three judges to submit a recommendation for Council's consideration. Councillor Knibb, chairman of the committee of three judges with regard to the Town Crier Competition, requested Council to officially appoint Mr. Finley Roberts as Town Crier for the City of Saint John. On motion of Councillor Knibb 'I Seconded by Councillor Rogers RESOLVED that the Common Council of the City of aint John confirm the appointment of Mr. Finley Roberts as the official Town Crier for he City of Saint John. Mr. Finlay Roberts' presence was noted in the Council Chamber. Question being taken, the motion was carried. On motion of Councillor A. Vincent . Seconded by Councillor M. Vincent RESOLVED that the City Manager's report egarding D. Hatfield Ltd. of 1055 Rothesay Avenue and the letter from D. Hatfield Ltd. (which are included on the Committee of the Whole agenda for this date), be added to the genda for consideration at this meeting. Question being taken, the motion was carried. ..... -., in~a Councillor A. Vincent, in noting that he requested placement,of a letter on the open session agenda, asked for an explanation ~f the pol~~y with respect to placing items on the ag7nda. T~e Mayor r7p17ed tha~, ~lt~ , regard to the matter of Police negotiat~ons, th~s falls w7th~n,the Jur~sd~~t~on of the Saint John Board of Police Commissioners, andrema~ns w~th the Comm~ss~on and, hopefully, the Commission, the Police Union and th7 Conciliation Board will be able to return to the negotiating table. Counc~llor A. V~ncent asked for a legal opinion at the next Council meeting on whether or not the Police Commission is an agent or an employer. . The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate properties fronting on the north side of Dever Road between 1010 Dever Road and the N.B.E.P.C. right-of-way, from Heavy Industrial to Low Density Re~idential cla~s~fication and (b) re-zoning the portion of the Dexter Construct~on Company L~m~t7d property which contains the former office building from "R-IA" One-Fam~ly Residential to "R-4" Four-Family Residential classification and re-zoning a portion of the same property adjacent to the larger industrial building, being parts of L.R.I.S. Number 55002968, from "R-IA" One-Family Residential to "1-1" Light Industrial classification, to permit the re-zoning of a portion of the Dexter Construction Company Limited property at 864 Dever Road from "R-IA" One-Family Residential to "I-I" Light Industrial and "R-4" Four-Family Residential classification, and to bring into conformity with the Municipal Development Plan the zoning of various properties fronting on Dever Road, as requested by Dexter Construction Company Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) the properties fronting on the north side of Dever Road, between 1010 Dever Road and the N.B.E.P.C. right-of-way, be redesignated on Schedule 2-A of the Municipal Development Plan from Heavy Industrial to Low Density Residential classification, (2) an approximately 1 acre portion of the Dexter Construction Company Limited land, situated north of the Dexter Construction Company Limited residential buildings, be re-zoned from "R-IA" One-Family Residential to "I-l" Light Industrial classification, (3) an approximately 8,500 square foot portion of the Dexter Construction Company Limited land, containing the former office building, be re-zoned from "R-IA" One-Family Residential to "R-4" Four- Family Residential classification and (4) pursuant to Section 39 of the Community Planning Act, the re-zoning of the portions of the Dexter Construction Company Limited land be subject to the following conditions:- (a) a 25-foot wide strip of land, situated immediately north of the chainlink fence along Dever Road and extending west immediately north of the proposed zoning line behind the Dexter Construction Company Limited residential buildings, be reserved as a buffer strip, said buffer strip to have a length of 1,000 feet more or less, (b) a continuous row of deciduous or coniferous trees, having a height of approximately 25 feet at maturity, be planted and maintained at 25-foot intervals along the entire length of the buffer strip, (c) a low screen of shrubs or a vine plant on the chainlink fence be planted and maintained along the entire length of the chainlink fence adjacent to Dever Road, (d) the entire buffer strip be sodded and not used for storage of equipment, vehicles or similar items, (e) all work necessary to complete the buffer strip adjacent to Dever Road, in accordance with conditions (a), (b) and (c) be completed before July 31, 1988, (f) all work necessary to complete the balance of the buffer strip, in accordance with conditions ,(a), (b) and (c), be completed before July 31, 1989 and (g) a new driveway be constructed immediately east of the N.B.E.P.C. transmission tower and the area previously occupied by the driveways be sodded, and the new driveways and parking lot paved in a manner suitable to the Director of Planning, before July 31, 1988. I --= I . I . Mr. B. Roderick, solicitor for the applicant, appeared in support of the application and advised that Dexter Construction Company Limited has, for some time, been considering converting the office building which has remained vacant for several years into a three or four family apartment building, and confirmed that the proposed Section 39 conditions are acceptable to the applicant; however, conditions (4) (d) 'and (g) should indicate hydroseeding rather than sodding, the latter observation which was confirmed by Councillor Davis, a member of the Planning Advisory Committee. .1 Councillor Flewwelling asked if the subject building has been inspected to ensure it meets the standards for an apartment building and noted that the property is presently in an unsightly condition. Mr. Roderick eplied that the applicant intends all conversions to be in accordance with the Building Code and there has in the last month been substantial clean-up ccur on the site. On motion of Councillor Schermerhorn 1- Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan BY-Law", by redesignating on Schedule 2- , the Future Land Use Plan of the Municipal Development Plan, the properties ronting on the north side of Dever Road, between 1010 Dever Road and the .B.E.P.C. right-of-way, from Heavy Industrial to Low Density Residential lassification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Lan By-Law". Question being taken, the motion was carried. . ..... r" '~2~ On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the properties fronting on the north side o~ Dever Road, between 1010 Dever Road and the N.B.E.P.C. right-of-way, from Heavy Industr~al to Low Density Residential classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By- Law". I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 1 acre por~ion of the Dexter Construction Company Limited land, situated north of the Dexter Constructlon Company Limited residential buildings, from "R-IA" One-Family Residential to "I-~" Light Industrial classification, and re-zoning an approximately 8,500 square foot port~on of the Dexter Construction Company Limited land, containing the former office building, from "R- IA" One-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee substituting hydro seeding for sodding in (4) (d) and (4) (g), be read a first time. Read a first time the by-law to amend the zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an approximately 1 acre portion of the Dexter Construction Company Limited land, situated north of the Dexter Construction Company Limited residential buildings, from "R-IA" One-Family Residential to "I-I" Light Industrial classification, and re-zoning an approximately 8,500 square foot portion of the Dexter Construction Company Limited land, containing the former office building, from "R-IA" One-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee substituting hydroseeding for sodding in (4) (d) and (4) (g), be read a second time. I John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1981 re-zoning of 125 Douglas Avenue (L.R.I.S. Number 377697), which required a written agreement limiting the use of the land and existing building to provide temporary accommodations for a maximum of sixteen women and/children who are in need of emergency shelter for familial or other problems on the following terms and conditions: (1) provide and maintain at least two off-street parking spaces, (2) not to enlarge or otherwise alter the exterior of the existing building (not to include painting or normal maintenance) and (3) not to erect or place any signs nor any other external evidence of the use of the premises, save and except the existing Kincare sign, to increase the use of the property by the construction of a 26 foot by 44 foot two-storey building on the rear of the property adjacent to Douglas Street to be used as the Kinsmen Club of Saint John meeting hall and administration office, the lower level to be made available to neighbourhood and non-prof,i t ,groups, as requested by the Kinsmen Club of Saint John, and that a copy of a letter to the Community Planning Department from Marjorie G. Taylor was received in this regard. No persons were present with respect to the proposed amendment. . I Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council amend the Section 39 conditions of the 1981 re-zoning of 125 Douglas Avenue by requiring an amended agreement which would: (a) permit the development of a Kinsmen meeting and office building in a new building as proposed, (b) require the extension of the water and sewer service on Douglas Street and the construction of the Douglas Street road surface to City specifications, (c) require that the parking area be paved, drained by means of an on-site catch basin and surrounded by concrete curbing, (d) require that a bond or letter of credit be provided to ensure the work required in (b) and (c) be completed by July 31, 1988, (e) include all the conditions that currently apply to the existing building and (f) the uses permitted in the meeting and office building shall not include bingo, dances, or any function with a liquor license of any kind. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions of the 1981 re-zoning of 125 Douglas Avenue by requiring an amended agreement which would: (a) permit the ...... ""'llll 3,' 1:: !3.Q development of a Kinsmen meeting and office building in a new building as proposed, (b) require the extension of the water and sewer service on Douglas S,treet and the construction of the Douglas Street ,road surface to City specifications, (c) require that the parking area be paved, drained by means of an on-site catch basin and surrounded by concrete curbing, (d) require that a bond or letter of credit be provided to ensure the work required in (b) and (c) be completed by July 31, 1988, (el include all the conditions that currently apply to the existing building and (f) the uses permitted in the meeting and office building shall not include bingo, dances, or any function with a liquor license of any kind. . During discussion Mr. Bedford explained that, should there be a request to divide the property to allow for the sale of one or both of the buildings, a subdivision application would be required and expressed the opinion that, with respect to Mrs. Taylor's concern about the deterioration of the residential nature of Douglas Avenue, the residential nature of the area, which has improved recently, will remain. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above amendment be received and filed. I' Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 110 Range Road (L.R.I.S. Number 55046924), containing approximately one acre on the northwesterly side of Range Road approximately 800 feet from the st. Martins Road intersection, to allow the placement of a mobile home, as requested by Mrs. J. A. McNeill, and that no written objections were received in this regard. . Consideration was given to a letter from the Planning Advisory Committee recommending that a parcel of land at 110 Range Road (L.R.I.S. Number 55046924), containing approximately one acre on the northwesterly side of Range Road approximately 800 feet from the St. Martins Road intersection, be re-zoned from "p" Park to "RFM" Rural Mobile Home classification. Mrs. J. A. McNeill appeared in support of her application for re- zoning and advised that the mobile home is for her use. On motion of Councillor M. vincent Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 110 Range Road (L.R.I.S. Number 55046924), containing approximately one acre on the northwesterly side of Range Road approximately 800 feet from the st. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home classification, be read a first time. I Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 110 Range Road (L.R.I.S. Number 55046924), containing approximately one acre on the northwesterly side of Range Road approximately 800 feet from the St. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. I Her Worship the Mayor recognized the presence in the Council Chamber of Messrs. Harold Wright and Rob Roy, and advised that they have requested to address Council with regard to the recent publication of their book. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Messrs. Wright and Roy be invited to address Council at this time. . Question being taken, the motion was carried. ..... ,... '-3:3r'/ .." ~ ... Messrs. Wright and Roy displayed and presented to the Council members copies of their recently-published tourist guide entitled, "Saint John And The Fundy Region", which contains approximately 200 photographs with written descriptions of tourist attractions in the area. . I Public presentation was made of a proposed Municipal Plan amendment to re- designate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, (a) a parcel of land at 247 Bayside Drive (L.R.I.S. Number 343046), containing 10,425 square feet and located behind 249 Bayside Drive, (b) a parcel of land located at 20-26 Mount Pleasant Avenue (L.R.I.S. Number 346619), containing 7,260 square feet and located on the southern side of Mount Pleasant Avenue and (c) a portion of an 18-foot wide right-of-way containing 2,502 square feet located partly between the parcels described in (a) and (b), from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the properties to "B-2" General Business classification so that they may be developed, in conjunction with other properties on the corner of Mount Pleasant Avenue and Bayside Drive, to contain a drive-in restaurant, retail store, gas bar, car wash and related parking areas, as requested by Petro-Canada Inc. I Mr. Bedford confirmed that the above property was the subject of a previous application for a Municipal Plan amendment at which time the applicant did not have a national gas retailer on line, and that the lands in question are larger than those of the previous application. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, four parcels of land containing approximately 175 acres located north of Ashburn Road between the Saint John Throughway and Rothesay Avenue (L.R.I.S. Numbers 297333, 298422, 305128 and 51706), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, to permit the lands to be re-zoned for the establishment of quarrying operations, as requested by Crestwood Holdings & Realty Ltd. . Mr. Bedford confirmed that the above property was the subject of a previous application for a Municipal Plan amendment and re-zoning under different ownership. Councillor A. Vincent expressed opposition to the application on the basis that the proposed use will add to the existing pollution problem, as well as on the basis of the discussion during Council's previous consideration of an application with respect to the subject property whereupon the Mayor suggested that a motion to deny the application could be considered at this time. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the application be denied. I Councillor Knibb noted that the proposed use is different from that which was proposed in the prev~ous application and suggested that the application should proceed in the normal manner. Question being taken, the motion was lost with the Mayor and Councillors Gould, Knibb, Rogers, Schermerhorn, Vaughan and M. Vincent voting "nay". . Notice had been given to Laurie J. Arsenault and Jeanette M. Arsenault of 284 Oriole Court, Saint John, New Brunswick, to appear at this meeting to show cause, if any, why the building located at 139 Mecklenburg Street (L.R.I.S. Number 4275), should not be removed or destroyed as a dangerous or dilapidated building. No person was present with respect to the said building. Mr. Johnson displayed photographs of the said property and advised that repairs have been started on the building and that, during such repair, the owner discovered among other things that there is not much left of the building worth salvaging and, in advising that the structural integrity of the building was damaged, expressed the opinion that the building is dangerous, and also advised that earlier this date the owner contacted him and agreed to demolish the building and suggested that, notwithstanding this agreement, it would be appropriate for Council to reinforce same by adopting the resolution which was distributed earlier this date to Council members. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that notice having been given to Laurie J. Arsenault and Jeanette M. Arsenault of 284 Oriole Court, Saint John, New Brunswick, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 139 Mecklenburg Street (L.R.I.S. Number 4275) in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building and, having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 139 Meckenburg Street (L.R.I.S. Number 4275) in the said City to be dilapidated and dangerous: I AND BE IT FURTHER RESOLVED that the said Laurie J. Arsenault and Jeanette M. Arsenault of 284 Oriole Court, Saint John, New Brunswick, are hereby required to remove or destroy the said building situate at civic number 139 Mecklenburg Street (L.R.I.S. Number 4275) in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: . AND BE IT FURTHER RESOLVED that upon failure of the said Laurie J. Arsenault and Jeanette M. Arsenault of 284 Oriole Court, Saint John, New Brunswick, to remove or destroy the said building situate at 139 Mecklenburg Street (L.R.I.S. Number 4275) in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Laurie J. Arsenault and Jeanette M. Arsenault of 284 Oriole Court, Saint John, New Brunswick. Question being taken, the motion was carried. .... 3~2 On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. James Croft, Executive Director of The Institute of Civic Heraldry, inviting the City to fly its civic flag wit~ those flags of hundreds of other Canadian civic ~uthorities at th~ Canad~an Display at the 'XII International Congress of Vex~ll~l~gy (flags) ~n san, Francisco, California, U.S.A., on August 12 and adv~s~ng that, ,by ~onat~ng a copy of the City's flag to the Institute of Civic Heraldry, w~~ch ~s t~e only centre in the world devoted exclusively to the research and d~ssem~nat~on of data relating to civic flags and coats of arms, will assure the comm~nitY,a, place of pride among what is hoped to be a display o~ over 3~0 Canad~an c~v~c flags -- be received and filed and a flag and other ~nformat~on be forwarded to The Institute of Civic Heraldry. . j Question being taken, the motion was carried. ,On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne expressing the understanding that the Department of Tourism, Recreation and Heritage is moving the Tourist Bureau from Manawagonish Road to the, , former DVA Hospital; suggesting that representations be made to the Prov~nc~al Government requesting that, if a move is to be made, it not be mad~ to the former DVA Hospital where there is no high profile centre for tour~sm, accommodating the Tourist Bureau in the downtown core be considered, and recommending that this matter be referred to the City Manager and appropriate staff to prepare, immediately, a proper brief for the Province in this regard -- be received and filed and the recommendation adopted. Councillor A. Vincent suggested that the above matter should be placed on the priority list of items for discussion with the local Members of the Legislative Assembly and the Premier prior to the forthcoming Provincial election. I . Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a letter from Mr. K. E. Hicks, Executive Director of Engineering Services for the Provincial Department of Transportation, advising that the roadway currently called the Saint John Airport Access Road will be numbered Route III and will extend from Rothesay to the Saint John Airport upon its completion and also that the existing Route III from its intersection with Route 100 to its intersection with the Saint John Airport Access Road will be named the Loch Lomond Road. I The Mayor suggested that, rather than referring to the subject road as Route 111, consideration should be given to naming it the Turnbull Highway, and requested that this matter be referred to staff for a report to Council. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager for a report to Council. Councillor Schermerhorn suggested that naming the highway other than proposed by the Province, as well as the naming of the existing Route 111 from its intersection with Route 100 to its intersection with the Saint John Airport Access Road to Loch Lomond Road, could affect the status of such highways insofar as their designation as Provincial highways is concerned. . Question being taken, the motion was carried. Read a letter from Councillor Rogers submitting a copy of a working paper prepared by Mr. Brian J. MacDonald of Saint John Fire Fighters' ssociation, Local Union No. 771, of a proposal to restore the former No. 2 Fire Station at 24 Sydney Street in the form of a fire station museum, which as submitted to the Preservation Review Board of which she is a member; noting that this property was owned by the City until the mid-1970s when it as sold to the Province of New Brunsick for a proposed justice complex and xpressing the understanding that the property is included in the tender all for the new justice building; and recommending that Council support the ire fighters in their endeavour by asking for a full report from Mr. N. ill~ t~e City's Heritage Planner, and to write immediately to the appropriate rov~nc~al departments to save this very important historical building. Councillor Rogers proposed a motion, which was seconded by Councillor . Vincent, that, after full evaluation and investigation by the Heritage Planner, Council write to the appropriate Provincial departments to save the above building. The Mayor requested Council to adopt a motion to refer this atter to City staff at this time and expressed the opinion that letters to the appropriate Provincial departments is premature at this time pending a full report from staff. I I On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that thecabove matter be eferred to the City Manager for a report to Council at the next meeting. . ~ r- ~aa Councillor Davis suggested that, in view of the cost of maintaining museums such as the Aitken Bicentennial Exhibition Centre, staff should determine exactly what the City's involvement would be in a project of this nature. . I Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, with regard to a request to Council on June 8, 1987 from D. Hatfield Ltd. for an amendment to Council resolution of January 3, 1978 with respect to property at 1055 Rothesay Avenue so that an industrial building can be erected on the 5.2 acre property to be serviced with an on-site sewer system and a combination of drilled well and delivered water, the issue for Council's consideration is the requirement for full municipal services in order to erect a building on this property; providing background information on the property; and also advising that the subject proposal meets the requirements of the Zoning By-Law with respect to use with the consideration of possible conditions required by the Planning Advisory Committee to confirm the use of the property and the Committee, when dealing with conditional uses, normally notifies property owners in the area and provides an opportunity for them to express their opinions with respect to what, if any, conditions should be imposed, and submitting a recommendation for Council's consideration. I Consideration was also given to a letter from D. Hatfield Ltd. regarding the above matter. On motion of Councillor A. Vincent . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of August 28, 1978 regarding property at 1055 Rothesay Road be repealed; that the use of a sewerage holding tank, drilled well and delivered potable water be approved in conjunction with the use of the property at 1055 Rothesay Road for a contractor's service building and related outdoor storage of equipment and material; and that the conditional use application be referred to the Planning Advisory Committee to be considered as expeditiously as possible. Discussion ensued regarding the schedule of Planning Advisory Committee meetings and the first available opportunity the above matter could be considered by the Committee. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager submitting a summary of 1987 asphalt usage and cost to June 30, 1987, such summaries to be provided at the end of each monthly period, be received and filed. I Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Limited - supply of asphalt July 2-7, 1987 $44,467.25 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by of the following invoice, namely:- - supply of asphalt July 8-14, 1987 the City Manager, . authority be granted for payment Standard Paving Maritime Limited $19,876.53 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that, with regard to Council queries of July 6, 1987 concerning posters placed on ornamental light standards and utility poles in the uptown area of the City, Mr. Richard Burpee, General Manager of the Power Commission of the City of Saint John, has taken action in this regard as indicated in the submitted copy of his letter and that the steps ta~e~ to clean up the posters and to prevent any further posters from being placed on ut~l~ty poles shOuld resolve the present problem -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Rogers . Seconded by Councillor Knibb , " RESOLVED that the letter from the City Manager adv~s~ng that, w~th regard to the request to Council on July 6, 1987 of Mr. Steven Tower to operate,p~ny rides during the summer months at Lakewood Reservoir Beach, the following three cond7t~~n~ mu~t be met by Mr. Tower before the pony rides can operate, namely:- (a) adeq~ate l~ab~l~ty ~nsurance coverage be acquired by Mr. Tower, (b) all regulations requ~red by t~e S.P.C.A. be followed by Mr. Tower and (c) a concessionaire agreement between the C~ty and Mr. Tower be executed for a period covering the remainder of July and u~ust 19~7; al~o advising that the pony rides would operate from 10:00 a.m. to 6 p.m. da~ly dur~ng su~table weather and take place in a circled area away from the beach at a ~ ~ 3Gl4 cos r~de; and recommend~ng that, in receiving and (a) if Mr. Tower satisfies the three major conditions pertaining to insurance, proper care of the animals and enters into a formal agreement with the City, permission be given to operate this summer and (b) if the concession operates, the arrangement be reviewed and evaluated by the Recreation and Parks Department to consider the continuance of the concession in 1988 -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On, motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the city Manager advising that, further to Council resolution of February 23, 1987 regarding the application for stimulation grants totalling $1,175,000.00 for the Central Business District Revitalization and the Works Department Complex, an amount of $200,000.00 has been approved as ihdicated in the submitted copy of a letter from the Minister of Municipal Affairs; noting that the reduced stimulation grant from the Province for 1987 follows the pattern of recent years and is already reflected in the City's long-range capital budget, and recommending that the Mayor and Common Clerk be authorized to execute the Stimulation Grant Agreement -- be received and filed and the recommendation adopted. I I Question being taken, the motion was carried with Councillors Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as-recommended by the City Manager, contract 87-8, Chipsealing 1987, be awarded to Atlantic Colas Limited, at the tendered amount of $107,101.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the status report from the City Manager advising that, with regard to the recommendations concerning the Lower West Side Neighbourhood Plan, which was the subject of a report on February 9, 1987, the Planning Department has contacted the appropriate City departments and agencies to obtain the current status with regard to recommendations relating to traffic routes, sidewalks and curbs, infill housing and rehabilitation, pOllution and Port aspects; also advising that, although components dealing with environment, Port, non-conforming uses, residential and traffic routes need updating, staff is not prepared to recommend at this time that an updated Neighbourhood Plan be prepared for this area in 1988 as there are other areas, such as the balance of the West Side, for which the City will have to make decisions regarding major infrastructure improvements and the priority of all these areas should be considered prior to making such a recommendation; and recommending that (1) the streetscape improvement program continue with an increase in the number of trees where possible, (2) an improved pollution monitoring program be initiated, (3) the pilot program for infill housing be pursued and (4) staff report to Council by October 1988 on the priority of the secondary plan for this area -- be received and filed and the recommendations adopted. I During discussion it was suggested that the file with regard to the Lower West Side should be reviewed in order to determine previous plans for the area. . Question being taken, the motion was carried. Read a letter from the City Manager submitting a report from the Deputy Commissioner of Finance regarding the request of the Bank of Montreal for the City to renew the guarantee of the loan which the Bank has extended to the Cherry Brook Zoo, and recommending adoption of the submitted resolution. On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the City of Saint John guarantee the loan of the Cherry Brook Zoo of Saint John Inc. with the Bank of Montreal, to a maximum of $13,500.00 for a one-year term: AND FURTHER that the Zoo be requested to continue its efforts to reduce its deficit during the year. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn' Seconded by Councillor Knibb RESOLVED that the letter from the City anager advising that, with regard to the property on 560 Edward Avenue, a notice was sent to the owner in May 1987 that the building was deteriorated, dilapidated and dangerous and open to the public and, although the owner has advised that the building is to be sold and that he will keep it secure until then, he has not secured the building at this time and the prospective urchaser plans to renovate; concluding that the building will be monitored . ...i ~ r~,J;5 . and, if not kept secure, it will be brought before Common Council for demolition, and recommending that staff monitor the property -- be received and filed and the recommendation adopted. . Mr. Johnson confirmed that the building is now secure and that it appears as if it has been sold. I Question being taken, the motion was carried. Read a letter from the City Manager recommending that Common Council impose a condition whereby all slopes in the McNulty Cartage (1987) Ltd. pit at 475 City Line must be rehabilitated, to a slope not steeper than 1.5 meters hortizontal to 1.0 meter vertical, before October 31, 1987 or such later date as approved by the Building Inspector and further that the slopes remain at the aforesaid slope until the permit has been renewed and in the event a renewal is not issued the slopes be rehabilitated to the requirements of Section 880(12) before December 31, 1988, compliance with the above to be assured by the receipt of a surety bond in the amount of $2,000.00. Mr. Nugent clarified that Council need only approve the amount of the surety bond for the rehabilitation of the above gravel pit on the basis that the Zoning By-Law establishes the slope requirements to be maintained by the pit operator. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that approval be granted for acceptance of a surety bond, in the amount of $2,000.00, for the guarantee of rehabilitation of the gravel pit at 475 City Line, owned by McNulty Cartage (1987) Ltd. Mr. Johnson explained the reason for the difference in amounts of surety bonds for the guarantee of rehabilitation of gravel pits. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Mr. Tibor Halassy be appointed, pursuant to Section 14 of the Police Act and Section 101 of the Municipalities Act, as a by-law enforcement officer for the purpose of enforcing the Unsightly Premises By-Law, the Dog By-Law and the Garbage By-Law. Question being taken, the motion was carried. I Consideration was given to a letter from the City Manager advising that, although the Building and Technical Services Department has spoken to the owner of the property at 1468 Rothesay Road and forwarded him several letters, the owner has made no efforts to clean up the property which has been unsightly for several years; submitting two resolutions for council's ,review, resolution "A" which would empower the Building Inspector and such other employees as may be required to enter on the property at 1468 Rothesay Road and eliminate the unsightly condition in the event that the owner,does not comply with the notice and further empowers the Legal Department to commence legal action to recover any expenses that the City might incur as the result of remedying the situation, and resolution "B" which would empower the Legal Department to register in the Registry Office a notice which binds the land and is deemed to be a notice to all subsequent owners or occupiers; also advising that the estimated cost of cleanup is $1,000.00, and recommending that Common Council adopt resolution "A". On motion of Councillor Schermerhorn . Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely:- "WHEREAS the property at 1468 Rothesay Road (L.R.I.S. Number 297028) in the City of Saint John, New Brunswick, is in an unsightly condition because of the following items being upon the property: bodies or parts of automobiles, derelict trailers, scrap metal and junk: I AND WHEREAS Walter Dietrich Langguth is the person shown by the records of the Saint John County Registry Office to be the registered owner of the aforesaid property at 1468 Rothesay Road: BE IT RESOLVED that Walter Dietrich Langguth is hereby required to remedy the unsightly condition by removing the bodies or parts of automobiles, derelict trailers, scrap metal and junk, from the property within twenty (20) days after a Notice by the Building Inspector of the City of Saint John is served upon him: I BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve notice on Walter Dietrich Langguth requiring him to remedy the unsightly condition by removing the bodies or parts of automobiles, derelict trailers, scrap metal and junk from the property within twenty (20) days after service of the notice: BE IT FURTHER RESOLVED that the Building Inspector or such City of Saint John employees as he may require are hereby authorized to enter upon the property to remedy the unsightly condition in the event that Walter Dietrich Langguth does not comply with the notice referred to herein: . BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a legal action to recover any costs the City incurs in remedying the unsightly condition in the event that Walter Dietrich Langguth does not comply with the notice referred to herein.". Question being taken, the motion was carried. ...... ~ 336 Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to a recent Council enquiry respecting the possibility of a school bus at 99 Thorne Avenue being used for sleeping, staff inspections have revealed that the bus is being used as a workshop storage area with no sleeping accommodation and that the bus is not unsightly nor is it considered inappropriate for this mainly-industrial area, and also advising that the bus is on wheels and is not derelict and no action is considered appropriate at this time be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that approval be granted for acceptance of a surety bond, in the amount of $10,000.00, for the guarantee of rehabilitation of the gravel pit at 1450 Golden Grove Road, owned by Galbraith Construction Ltd. It was noted that, although the City Manager's recommendation includes the imposition by Council of slope rehabilitation, the Zoning By-Law includes the regulations in this regard and Council is authorized to deal only with the surety bond. r~ f Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the interim report from the City Manager advising that the Saint John Group Homes Committee has formulated a work program and begun its investigation into the topic of locational requirements for group homes in residential communities and the next step in the Committee's work program is a public meeting where citizens can voice their opinions on the group homes issue, such meeting to be held on August 5, 1987, with the Group Homes Committee expecting to submit a report to Council in mid-September -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the initial report from the City Manager describing the aims and methodology proposed to prepare and distribute site development guidelines for the City of Saint John, such guidelines to be one element of a program to improve the quality of development in the City as a whole to deal with a series of elements including City-owned lands, private development, road allowances, levels of maintenance and public awareness; advising that several steps will form the program to achieve the stated benefits including signage and advertising guidelines, architectural appearance codes and site development guidelines to be distributed to the development industry to indicate the level of detail that is expected from site designers and how they could handle certain design situations as well as ensure a consistent reaction on the part of the City as to what is expected; listing suggested topic areas under the three headings of private development, roadways and public open space; advising that the Planning Department will undertake this project with an initial meeting scheduled for July 23, 1987, following which a final report for distribution within City Hall by the target date of August 31, 1987 and, with the appropriate public participation, the addition of graphic information and additional text, it may be possible, to distribute this information to the general public; and recommending that, in receiving and filing this report, Council concur with the initiative to prepare site development guidelines -- be received and filed and the recommendation adopted. I . Question being taken, the motion was carried. On motion of Councillor Schermerhorn J " Seconded by Councillor Rogers RESOLVED that the status report from the City Manager advising that the consultants have now completed Phase 2 of the Rockwood Park Planning and Feasibility Study, as indicated on the submitted chart, and presented the results of this analysis to the Study Steering Committee, as well as the Rockwood Park Advisory Board, Saint John Horticultural Society and the Tourism Advisory Commission for comment, and is now in the process of preparing a summary report of the results of Phase 2 for presentation by staff to Council on August 4, 1987; also advising that the draft master plan will contain recommendations for the Park including areas in the park designated for various uses, access and roads, major opportunities for development and preliminary cost/benefit analysis on major recommended developments and that, following Council's review of the draft master plan, it will be presented to a public meeting, and concluding that it is expected the study will be completed on time by mid-October -- be received and filed. , Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a letter from the Minister of Transportation ~ II"'"' aal '.. .~., ~. . I I . ~I .. . I.. , . ...... advising that 'the Department of Transportation is prepared to assist the City in the amounts of $200,000.00 and $25,000.00 for reconstruction of Thorne Avenue (Route #111) from Rothesay Avenue to Kanes Corner and for chipseal work on the shoulders of the North/South Arterial (Churchill Boulevard) the City having requested $1,425,000.00 in January 1987 for four projects, including the Thorne Avenue reconstruction, Fairville Boulevard, City Road reconstruction and North/South Arterial; also advising that the cost estimates for the Thorne Avenue and North/South Arterial projects have been revised to $325,000.00 and $25,000.00, respectively, with the Province doing the work on the latter with its own forces and charging the cost to the City's allotment; expressing the opinion that the Thorne Avenue and City Road projects have become the two highest priority projects and that it is critical to ensure that a project, once begun, can be completed in its entire length before the end of the current construction season and, with the time remaining, it is becoming apparent that the Thorne Avenue project be selected over City Road, as it is now doubtful that both can be properly completed before the end of November; suggesting two options as follows: (1) approach the Province for additional funding to ensure the completion of the Thorne Avenue project and (2) proceed with the construction of Thorne Avenue with the understanding that the shortfall may e,ither be recovered this year if the Province has additional funds or be carried over into 1988 funding; suggesting that option (1) should be pursued immediately and that additional funding should be provided by the Province; and recommending that, in receiving and filing this report, staff be instructed to approach the Province with respect to securing an additional commitment of funds sufficient to complete the proposed Thorne Avenue reconstruction -- be received and filed and the recommendation adopted. ,Question being, taken, the motion was carried with Councillors A. vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the progress report from the City Manager advising that, further to Council's request of June 29, 1987 for staff to arrange a teach~in on the Meech Lake Accord, the Special Joint Committee on the 1987 Constitutional Accord will be receiving briefs in Ottawa commencing August 4, 1987, but the Senate Committee on the Constitutional Accords has expressed an interest in holding public hearings in Saint John in early October, the latter which will give the opportunity to arrange the requested teach-in for members of Common Council on the implications of the Meech Lake Accord on Federal/ Municipal relations and allow staff the opportunity to cost share the teach-in expenses should Council be willing; also advising that staff has obtained several names from the academic field, from out of the Province, who are experts in Federal/Municipal affairs and, if the timing is satisfactory to Council, arrangements will be made, and recommending that, in receiving and filing the progress report, staff proceed to finalize arrangements for the teach-in -- be received and filed and the recommend- ation adopted. (Councillor M. Vincent withdrew from the meeting.) Mr. Barfoot noted that staff is not suggesting that a brief be submitted to the Special Joint Committee in Ottawa commencing August 4, 1987. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the proposal for preparing a strategic plan for the City of Saint John, which was presented in Committee of the Whole on June 22, 1987 at which time Council approved the City Manager's recommend- ation as follows:- (1) that Council approve in principle the process for producing a strategic plan for the City of Saint John as indicated in the submitted report, (2) that staff initiate the preparation of the goals and vision document as the first step in the preparation of a strategic plan for Saint John and (3) that staff be directed to proceed with a proposal call for the production of the background study and report; advising that, in reviewing the goals and directions for the community, there are several factors to consider: major trends and changes which will affect the City, resources in the City to deal with those trends and the community commitment to achieving the direction; suggesting that a plan must identify the most important issues and goals so that efforts and resources can be concentrated in these areas, establish strategies or action plans to achieve these goals and generate community commitment to the goals and to carrying out the strategies; and expressing the opinion that, as the situation now is quite different from 1973 when the Municipal Development Plan was adopted, a different approach is required. The report explains the strategic planning process of which there are two main phases, Phase 1 being the need to establish a set of goals which will be completed in early 1988 with Phase II being the strategies or action plans to begin in 1988; explains that elements of the stragegic plan which relate directly to the content of the Municipal Plan, such as land use, servicing, transportation, etc., will be incorporated into the Municipal Plan as amendments which will result in an updating of a number of components of the Municipal Plan beginning in 1988, and advises that Phase I will be coordinated by a project planner in the Community Planning Department with a background report to be prepared by consultants followed by the holding of public hearings and preparation of a goals statement for Council by a task force with the support of the Department, with the goals to subsequently be formed, by communications specialists, into a vision statement which will show to the community the chosen direction. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the above recommendation of the City Manager regarding the preparation of a strategic plan for the City of Saint John be adopted. Mr. Bedford commented on the above proposal following which Mr. Moe presented slides highlighting the proposal for preparing a strategic plan for the City of Saint John. (Councillor M. Vincent re-entered the meeting during the foregoing presentation.) ~ .; "'3;3':8 Councillor Knibb asked the anticipated cost of the above proposal to which Mr. Bedford replied that $75,000.00 was allocated in the 1985 operating budget for Phase I and that the total cost of the proposal has not been estimated on the basis that, following adoption by Council of the goals, Council may then proceed to implement the goals on a selective basis. . :Question being taken, the motion was carried. Read a letter from the Acting City Solicitor advising that, a further to Common Council resolution of February 9, 1987 authorizing the sale of lands at the corner of Barker and Somerset Streets to saint John Loan Company, the Quieting of Title is complete, the Certificate of Title being dated June 30, 1987 and that Saint John Loan Company began application for amendment of the Zoning By-Law and the Municipal Plan on or before April 30, 1987 with the earliest a decision can be made with respect to the amendments being August 10, 1987; also advising that, in light of this, Mr. David G. Barry, solicitor for Saint John Loan Company, has requested an extension for the exercise of the option and submitting a resolution for Council's consider- ation should Council wish to amend the March 11, 1987 option. i On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that Common Council extend the time for exercising the March 11, 1987 option by Saint John Loan Company to 4:00 o'clock p.m. (local time) on the 30th day following filing in the Saint John County Registry Office of the amendment to the Zoning By- Law ana the Municipal Development Plan. I Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of The Saint John Loan Company Limited have been completed and that the required waiting period for objections expired on July 8, 1987, with no written objections having been received. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of The Saint John Loan Company Limited for a Municipal Plan amendment and re-zoning of 9 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 31, 1987. Question being taken, the motion was carried. [ /- Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Joan and Mary Brennan and Jean-Claude and Colleen Vautour have been completed and the required waiting period for objections expired on July 8, 1987, with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of John and Mary Brennan and Jean-Claude and Colleen Vautour for a Municipal Plan amendment and re-zoning of 188 Latimer Lake Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 31, 1987. . :Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Phase Premises Ltd. have been completed and that the required waiting, period for objections expired on July 8, 1987, with written objections having been received from Saint John Heritage Trust Inc. and Messrs. Richard A. Yateman, C. Peter Winters, Peter E. L. Teed, R. H. Seely, G. P. Mills, David L. Stephen, M.D., John C. Acker, M.D., and Paige L. Emeneau and Rosalee A. Acker, as well as a letter from Deborah and Valerie Stackhouse having been received after the deadline for written objections. I -~ On'motion of;<:biincillor-:Schermerhorn ,I, - ..Seconded by Councillor Rogers RESOLVED that the application of Phase Premises Ltd. for a Municipal Plan amendment and re-zoning of 96 Stanley Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 31, 1987. "" ..,Councillor Schermerhorn suggested that the letter from Susan Dunn regarding security measures of Phase Electric should also be referred to the Planning Advisory Committee whereupon Councillor Vaughan suggested that such matter should be referred immediately to staff. . Question being taken, the motion was carried. ....4 I""'" :~J:9 On motion of Councillor Vaughan . Seconded by Councillor M. Vincent RESOLVED that the letter from Susan Dunn expressing concern about the security measures of Phase Electric -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-107 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property located at 59 Harmony Drive (L.R.I.S. Number 312330), from "R-2" One.- and Two-Family Residential to "R-4" Four-Family Residential 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. 100-107 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. I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on July 6, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, A. Vincent and M. Vincent, and your Committee submits the following recommend- ation, namely:- 1. That as recommended by the City Manager, an Employee Fitness Program, through the Canada Games Aquatic Centre, be initiated as a pilot project in the Fire Department and Community Planning Department. July 20, 1987, Saint John, N. B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Flewwelling ), Seconded by Councillor Gould RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Rogers advised that, although she is in favour of the proposed program, she takes exception to the manner in which the different departments were selected. Mr. Barfoot explained that the two departments were chosen after a proposal had been received to enroll all the City staff; however, staff wanted to choose a segment of the City workforce in order to have a pilot program to measure the effectiveness of same prior to any recommend- ation being made on ~he whole workforce with the two departments most anxious to begin the program having been selected. The Mayor asked if every City department was informed of the proposal to which Mr. Barfoot replied that the program was discussed at the executive meetings whereupon the Mayor added that it was the responsibility of the executive committee members to take the matter back to their respective departments. . Question being taken, the motion was carried with Councillors Rogers and A. Vincent voting "nay". On motion of Councillor Schermerhorn I, Seconded by Councillor Gould RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Lloyd Pierce, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. Consideration was given to a recommendation of the Board of Trustees of the City of Saint John Pension Board that Council approve the retirement of Mr. J. W. Goldsworthy, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. I Mr. Nugent suggested that, in view of the circumstances created by the death of Mr. Goldsworthy on July 18, 1987 and the possible alternatives available to Council as being legally proper, Council should refer the matter to the Legal Department for thorough examination of the facts and the appropriate legislation for a report to Council. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table until the next meeting of Council pending a report and recommendation from the Legal Department. Question being taken, the motion was carried. ~ """'lIlIIl ~ r3'4~b Councillor A. Vincent asked the status of his previously-requested legal opinion on the question of whether City police officers are employed by the Police Commission and, if so, how they can be part of the City's Pension Plan to which the Mayor noted that such item is included for discussion in closed session later this date. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Rujo Holdings Ltd. for a beverage room license, with respect to premises at 55 Lansdowne Avenue, was held on Friday, July 10, 1987, be received and filed. 1 :Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Gwen Jones expressing concern with respect to public drinking at Tucker Park Beach on June 23, 1987 -- be referred to the Chief of Police for a report to Council. Councillor Knibb suggested that the above letter should be received and filed. I Question being taken, the motion was carried with Councillors Knibb, Rogers and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mr. W. Peter Fenwick submitting a copy of a map of the Crown and Orange Streets intersection and other intersections along Crown Street, which shows that the line of vision from Orange Street up Crown Street from the stop sign causes a problem with drivers preparing to leave the intersection and enter Crown Street in either direction, and requesting Council to refer this problem to the Traffic Branch for study and a recommendation to Council for appropriate action, namely, the banning of parking, at any time, on the west side of Crown Street from King Street East to Duke Street -- be referred to the City Manager for a report and recommendation. . Councillor Knibb suggested that the above letter should be received and filed as Council should not act on the basis of one complaint of this nature. [ ~'-"""';;..c Question being taken, the motion was lost, a tie voting having been created with with the Mayor and Councillors Knibb, Rogers, Vaughan and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from Mr. Keith Bowman, President of the Saint John Board of Trade, submitting copies of correspondence from the Board to Federal and Provincial Government representatives and Saint John candidates for the forthcoming provincial election expressing support for construction of a civic centre in the downtown core of the City, as well as a copy of the list of the persons to whom the letter was forwarded and a copy of the press release issued by the Board following Council's announcement of successful land negotiations with CN Rail -- be received and filed with appreciation. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. D. E. Welsh, Manager, Plant Rationalization, CP Rail, rega~ding the approximately 17 kilometres (11 miles) of CP Rail track in the area of Saint John that has been virtually unused for the last three years; advising that CP Rail plans to apply to the Canadian Transport Commission for a determination as to the future ,of this portion of its track network, known as the Shore Line Sub- division, which includes the piece of track known as the Lancaster Spur, as operation of these tracks is unprofitable and it is not expected that this situation will change; explaining the location of the Shore Line Subdivision and the Lancaster Spur to which two parties have access, namely, T. S. Simms Company Limited and New Brunswick Power although, while both have sidings, neither is being used; advising that, prior to filing an application to the Canadian Transport Commission, CP Rail representatives will be meeting with shippers and others in the area to discuss the plan and affirm that their existing transportation needs are being met by other modes, and submitting a map of the area which identifies the Shore Line Subdivision -- be referred to the City Manager for appropriate dialogue with the New Brunswick Electric Power Commission and the Province. ,I I 'li} ! . Question being taken, the motion was carried. Consideration was given to an application of Nautilus Construction & Rentals Ltd. for the re-zoning of lots 86-1, 86-3 to 7 inclusive in the Nunes Subdivision. . ~ I""" , rJo JI.'''i ~J:?-l:'Y~,a . 'I' I . J . ii- ,I . ~ consideration was also given to a letter from the City Manager advising that the balance of the above-mentioned Subdivision is zoned "R-2", hence the request for re-zoning so that all the lots will be in the same zone; submitting a map which shows that the portion to be re-zoned lies between property owned by J. D. Irving Ltd. and George Totten which means that, along this part of Greenhead Road, these two lots will be the only ones zoned "R-IB"; therefore, it seems logical that the zoning of these properties be included at the same time as the re-zoning of the property as requested by Nautilus Construction & Rentals Ltd.; advising that the owners of the properties have been contacted and have verbally agreed to have their properties included in the re-zoning process, and recommending that Council authorize the re-zoning of the J. D. Irving Ltd. and the George Totten properties from "R-IB" to "R-2" One- and Two-Family Residential. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Nautilus Construction & Rentals Ltd. for the re-zoning of property at 310 Greenhead Road, being lots 86-1, 86-3 to 7 inclusive in the Nunes Subdivision, and the properties of J. D. Irving Ltd. and George Totten on Greenhead Road, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 31, 1987. :Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mr. Brian D. Burley, Events Chairman of Labatt's Saint John Stump Runners, requesting Council's approval and moral support with regard to the July 26, 1987 4 x 4 Events Day and advising that the insurance coverage has been arranged through the N.B. Sporting Car Club Inc. to cover the participants and spectators and all proceeds will be donated to the United Commercial Travellers, a charitable organization -- be received and filed and Council give moral support to the Club's forthcoming 4 x 4 Events Day. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried with Councillor A. Vincent voting lInayll. 0zaAlco~n~f"r ~ 342 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourth day of August, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, Deputy City Manager; J. Brown, Acting Assistant City Manager; J. Nugent, Acting City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environ- ment and Infrastructure Services; R. G. Riley, Chief of Police; D. Sherwood, Deputy Police Chief; R. McDevitt, Fire Chief; W. D. Todd, Director of Housing and Property Management; S. Bedford, Acting Director of Planning; S. Armstrong, Director of Engineering; M. Jamer, Director of Operations; S. Galbraith, Director of Supply and Services; C. E. Nicolle, Director of Recreation and Parks; D. O'Leary, Director of Economic Develop- ment; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Levesque, Director of Communications and Public Relations; Miss J. Creamer, Mayor's Office; Ms. Y. Huntington- LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. j :1 Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED meeting of Common Council, held on July 20, 1987, be that minutes of the approved. Question being taken, the motion was carried. Deputy Mayor Gould presented the Mayor with a USS Fulton cap which he received on August 2 while aboard this American submarine supply ship from New London, Connecticut, U.S.A., and the Mayor noted that the USS Fairfax County from Norfolk, Virginia, U.S.A., will arrive in the Port of Saint John on August 9. (Councillor Rogers entered the meeting during the foregoing remarks.) ( Her Worship the Mayor extended a message of sympathy to the family of the late Mr. Glendon Foster, a City employee from March 26, 1958, who passed away on July 30, 1987. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Glendon Foster. Question being taken, the motion was carried. . Her Worship the Mayor extended a message of sympathy to Mr. Murray Zides, the former Commissioner of Community Planning and Development for the City of Saint John, whose wife passed away on August 2, 1987. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED,that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mrs. Murray Zides. Question being taken, the motion was carried. ,'I'~- . /-' Her Worship the Mayor commented on the August 7 to 8 Piper's Salute to Saint John; read two proclamations, one proclaiming August 9 to 22, 1987 to be Festival By The Sea - Festival Sur Mer, Inc. weeks, the other proclaiming August 12, 1987 to be George Matthew Day in commemoration of the 150th birthday of Dr. George Frederick Matthew, a Saint John native who was responsible for the development of the Natural History Society of New Brunswick, which was the forerunner of The New Brunswick Museum; and noted that the Institute of Association Executives will hold a conference in the City from August 9 to 12 and that the Canadian Association of Optometrists is currently in the City for its 20th Biennial Convention. Councillor Schermerhorn, Chairman of Labatt's Lite 24 Hour Relay, commented on the August 9 to 10 Relay event, and Councillor M. Vincent commended the members of the DeLancey's Brigade for their performance during St. Stephen's International Days and, with regard to a letter from the Fire Chief (copies of which were forwarded to Council members as an information item) concerning letters of commendation to two members of the Fire Department, asked the Mayor if she, the Fire Chief and he could meet in this regard. ,I ~ . ....4 II"'"' @43 Councillor A. Vincent expressed condolences to the family of the late Mr. Claude Briggs, a member of the Saint John Salvage Corps and Fire Police, who passed away on August 1, 1987. . On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John express a message of sympathy to the family of the late Mr. Claude Briggs. Question being taken, the motion was carried. I~ On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that a resolution (which was considered in Committee of the Whole earlier this date) concerning the application for retirement of Mr. J. William Goldsworthy, be added to the agenda for consideration at this meeting. 'I Question being taken, the motion was carried. Councillor MacDougall advised that, during his recent attendance at the Royal College of Surgeons in London, England, it appears as if he was successful in establishing that Saint John was the first area to have a general anesthetic of ether, although four other areas in Canada were claiming this accomplishment. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate an area of land containing approximately 25 acres (parts of L.R.I.S. Numbers 378505 and 428664), located on Fallsview Avenue, from Open Space to Low Density Residential classification and (b) re-zoning the same parcel of land from "P" Park to "R-2" One- and Two-Family Residential classification, to facilitate the residential development of the area, as requested by Murray & Gregory Limited, and that no written objections were received in this regard. . Consideration was given to a letter from the Planning Advisory Committee recommending that the Municipal Development Plan be amended to redesignate from Open Space to Low Density Residential classification and the Zoning By-Law be amended to re- zone from "P" Park to "R-2" One- and Two-Family Residential classification, a property containing approximately 25 acres being parts of L.R.I.S. Numbers 378505 and 428664 located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline on condition that access be provided to Fallsview Park. " Mr. Terrence W. Hutchinson, solicitor for Murray & Gregory Limited, appeared in support of the above application and, with regard to the recommendation of the Planning Advisory Committee to exclude the first 100 feet adjacent to the River shoreline, suggested that it would be more appropriate to deal with the issue of land for public purposes once a subdivision plan is submitted to Council for approval and more appropriate to redesignate the entire property, as indicated in the public advertisement, at this time. . Mr. Bedford, in response to the Mayor's query, noted that the recommendation concerning the first 100 feet adjacent to the River shoreline is for the purpose of retaining the Open Space and "P" Park classifications on that strip of property and added that the issue of land for public purposes will be dealt with during the subdivision process. With regard to the Mayor's observation that the Planning Advisory Committee was concerned that there was no definite proposal for the subject property but felt that this situation was unique, Mr. Bedford confirmed that in most cases it is normal to have a development plan for the property concerned prior to the Planning Advisory Committee recommending its redesignation and explained that, in this particular case, the general concept of one- or two-family residential was considered a reasonable future use for the subject property. Councillor Flewwelling questioned the indication on the submitted map that a portion of Fallsview Avenue is included in the proposed amendments to which Mr. Bedford explained that the map of the area was inadvertently drafted in this manner and that the area in question is, in fact, a public street. Councillor Vaughan asked if the property in the Fallsview Avenue area, which is the subject of an expropriation proceeding, is included in the proposed amendments to which Mr. Nugent replied that the area which has been subject to a notice of intention to expropriate is not included in the area for which application has been made. Councillor Knibb asked if it is the applicant's intention to develop the property to which Mr. Hutchinson replied that the purpose of the application is to permit the present owner to market the land for development. Councillor M. Vincent asked if, should Council approve the proposed amendments, it will be necessary to go through the subject area to gain access to Fallsview Park to which Mr. Hutchinson replied in the affirmative and, with respect to Councillor MacDougall's request that the Planning Advisory Committee should confirm that the submitted map is in error due to the inclusion in the subject area of a portion of Fallsview Avenue, Mr. Nugent suggested that Council could ask for Mr. Hutchinson's confirmation that it is not his client's intention to include public streets within development of the area to which Mr. Hutchinson replied that certainly there could be no development of any public streets. Councillor Schermerhorn asked if it is in order for Council to be dealing with the proposed amendments in view of the notice to expropriate property in the area to which Mr. Nugent replied that there is no legal impediment preventing Council from dealing with the application and, in fact, Council is, in his opinion, obliged to consider the application in the context of the Community Planning Act and, with regard to the question of whether the re-zoning might have an impact on expropriation, advised that the City's authority to expropriate does not depend upon the zoning classification of the land in question as there is clearly an authority to expropriate for municipal purposes. Councillor Schermerhorn suggested that a re-zoning could affect the value of the property to which Mr. Nugent replied that that question would be better directed to an appraiser and added that he would be hesitant to suggest that the matter of a muncipality's possible expropriation of adjacent land would in and of itself be a sound valid reason for refusing to deal with the question of land use which is now before Council. During ensuing discussion Mr. Nugent referred to the portion of the Planning Advisory Committee's recommendation I ~ J . .... ~ 3' ,', , '4"'4 dealing with the condition that access be provided to Fallsview Park and, in explaining that the only authority that Council has to impose conditions upon a re-zoning is if such re-zoning is pursuant to Section 39 of the Community Planning Act which means a re-zoning that is designed to accommodate a specific proposal which in this case there is no specific proposal, advised that, in view of the fact that there is no authority to impose the recommended condition, Council should avoid making reference to same in any subsequent motion and Mr. Bedford clarified that a motion of Council should exclude the portion of the Planning Advisory Committee's recommendation dealing with the condition that access be provided to Fallsview Park. . On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a property containing approximately 25 acres being parts of L.R.I.S. Numbers 378505 and 428664 located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline, from Open Space to Low Density Residential classification, be read a first time. ~I Discussion continued regarding the frequency of approving Municipal Plan amendments and re-zoning of properties without a specific development proposal, the specific area recommended by the Planning Advisory Committee for the proposed amendments, and, upon Councillor MacDougall's suggestion that Council should table this matter until the next meeting, Mr. Nugent noted that, in accordance with the Procedure By-Law, Council should state a reason for tabling a matter. ~I~ On motion of Councillor MacDougall Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table until the next meeting of Council due to lack of concrete information. . Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. I Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 587 Grandview Avenue (L.R.I.S. Number 348433), containing 2693 square meters and located north of 555 Grandview Avenue and intended to be consolidated with a larger adjacent parcel to the ,east, from Low Density Residential to Heavy Industrial classification, to permit re-zoning of the parcel to "I-2" Heavy Industrial classification so that it can be used for part of the auto salvage yard located at 587 Grandview Avenue, as requested by Vince MacLennan Auto Salvage Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 74 Carmarthen Street (L.R.I.S. Number 9431), containing approximately 2,775 square meters and located at the corner of Leinster Street being presently occupied by the Water and Sewerage Department of the City, from Medium Density Residential to District Centre Commercial classification, to permit re-zoning of the parcel from "RM-l" Multiple Residential to "B-2" General Business classification so that it may be used as a parking lot for a proposed justice complex, as requested by The Disher Steen Partnership, Architects. . Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 941 to 951 Golden Grove Road (L.R.I.S. Number 310417), containing 3.7 acres with a frontage of 382 feet on the northern side of Golden Grove Road approximately one half mile east of the Hillcrest Road intersection, from Rural to Light Industrial classification, to allow re-zoning of the parcel to "I-I" Light Industrial classification to permit establishment of an auto repair business, as requested by Mr. Elmer Soucy. I ~ ~- Councillor Vaughan expressed the understanding that Council denied a previous application for a Municipal Plan amendment and re-zoning of the above property following which a garage was constructed and the business continued and asked if it is in order for Council to proceed with the subject application to which Mr. Nugent confirmed that an illegal use under the Zoning By-Law has occurred on the subject property with an application having been made to the Court of Queen's Bench for an order that the operation cease and that, subsequent to such application, Mr. Soucy sought from the Court and received an adjournment of the enforcement action in order that he could undertake the subject application and expressed the understanding that the illegal use of the property in question has ceased and the Court application has also been placed in abeyance until Council has dealt with the subject ' application, the former having been scheduled to be dealt with by the Court on September 16 pending action by Council on the application for a Municipal ,1,- , -~ . "lC. ~ II"'"' ~~5 Plan amendment and re-zon~ng of the property. Counc~llor A. V~ncent, referr~ng to the above public presentation concerning the Carmarthen Street property, expressed the opinion that the subject property is too valuable to be used,as a parking lot. rublic presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 485 McAllister Drive (L.R.I.S. Numbers 309237, 55048085 and 313429 - part), having an area of 2.97 hectares and a frontage of approximately 185 meters, from Restricted Industrial to Light Industrial classification, to permit re-zoning of a portion of the property to "I-l" Light Industrial classification and to, bring the Municipal Plan into conformity with the Zoning By-Law, as requested by Midland Transport Limited - Transport Midland Limitee. . I The Mayor noted the presence in the Council Chamber of a group of young persons concerning the matter of a skateboarding facility in the City. I Consideration was given to a letter from Mayor Wayne regarding the lack of skateboarding facilities for the 400 active skaters in Saint John which has resulted in unsafe noisy ramps in almost every neighbourhood, loitering on private property, riding illegally on streets, facing $25.00 fines and, even more importantly, skateboards have become hazardous to pedestrians, vehicles and the skateboarders themselves; commenting on programs in other cities to contend with this popular sport and submitting a copy of a proposal for a skateboard facility in Saint John from the Fundy Skateboard Association, as well as a copy of a draft agreement concerning the City of Ottawa; advising that the cost to construct a skateboard ramp would be approximately $1,500.00 and, in requesting Council's support for the establishment of a skateboard facility, recommending that this matter be referred to City staff for action. . Consideration was also given to a letter from Councillor Schermerhorn noting that the curtailment of skateboarding on streets in the City has limited the areas where individuals may use skateboards and requesting that staff contact other municipalities where this problem has been encountered to obtain information on how the use of skateboards has been regulated or permitted in other areas. On motion of Councillor Flewwelling City Manager for a report to Council. The Mayor requested the above report at the next meeting if possible. Question being taken, the motion was carried. I Consideration was given to a letter from Mayor Wayne expressing concern with respect to the filling in of the Marsh Creek which is currently underway and, on the understanding that the staff review of the Flood Risk Area By-Law is to be submitted at this meeting; recommending that the matter of the filling in of the portion of the Marsh Creek which is taking place at the Marsh Creek bridge be referred to the City Solicitor for a report on whether or not staff had the authority to allow this to take place in view of the jurisdiction of the waterway and no firm agreement from anyone on replacement area for the increased storage run-off and also recommending that no other filling in take place until the report comes back to Council and that Council accelerate its efforts through the Engineering Department to take the necessary steps to control the flooding situation for the future. The Mayor expressed the understanding that Mr. Johnson has made arrangements to meet this week with Irving representatives and recommended that the filling in operation at Marsh Creek be stopped until Council receives a report in this regard from Mr. Johnson in Committee of the Whole on August 10, 1987 in order to determine if the problem can be resolved. . On motion of Councillor Vaughan Seconded by Councillor Gould RESOLVED that the filling in of Marsh Creek be report from Mr. Johnson in Committee of the Whole on stopped until Council receives a August 10, 1987. t Councillor M. Vincent asked if approval was given by City staff for the filling in operation to proceed and if there was authority or denial of authority from any Provincial Government agency to which the Mayor replied that Mr. Johnson gave a permit and Mr. Brown advised that the Provincial Government did not receive an application for a permit in this regard. Question being taken, the motion was carried. . -. .~ Consideration was given to a letter from Mayor Wayne expressing concern about the pOllution levels in the City, which is blamed by some on the Lancaster sewage lagoon, the latter on which she is requesting the City Manager to provide an update at this meeting; noting that the other matter is a matter of pollution from industries and requesting that the City Manager and the Commissioner of Environment submit a full report on the matter of (1) monitoring stations, (2) effect on health, (3) corrective steps being taken by those causing the pOllution and (4) what the Province is doing about this situation, and recommending that this matter be referred to the City Manager and appropriate staff for a report to Council in the immediate future. Consideration was also given to a letter from Councillor Flewwelling requesting a full up-to-date report on the progress of the Lancaster sewage lagoon expansion project. . Mr. Armstrong apprised Council of the status of the Lancaster sewage lagoon expansion project with Crandall & Associates Ltd. having been engaged to act as consulting engineers in a study which is hoped will lead to the construction of an expansion of the Lancaster facility and advised that it is anticipated that, by the end of August, the ~ -., 345 consu t~ng eng~neers Wl su m~t t e~r p an or t e ac~ ~ty expans~on to staff for submission to Council, such plan to basically recommend the type bf expansion facility expected to be built and also give an estimated cost of such expansion, with the next step being a decision on the final design of the plant and the subsequent construction thereof. Mr. Armstrong explained that a series of testing is being carried out, in conjunction with the Province of New Brunswick, to establish the strength of the flows on which to base a design and noted that the consultants have also been charged with producing an environmental overview related to the effects of whatever process or type of expansion is decided upon to the Marsh and expressed the opinion that, although the replacement of the trunk sewer system may commence as early as this fall, construction of the plant itself may be on line in 1988 for completion in 1989. The Mayor referred to the reference in her above letter to pOllution from industries, commented on her July 9, 1987 letter to the Minister of Municipal Affairs and the Environment in this regard to which she has had no response and called for a motion to request a meeting with the Minister of Municipal Affairs and the Environment to discuss this matter. . I' On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that a meeting be requested with the Minister of Municipal Affairs and Environment to discuss the above matter. .1 Councillor Rogers noted that she submitted a letter to the March 16, 1987 Committee bf the Whole concerning the lack of a monitoring station in the West Side of the City where most of the industry is located, and Councillor M. Vincent suggested that, although monitoring devices and records are essential to identify the situation, the pollution problem will not be resolved without stronger legislation and enforcement of same. The Mayor concurred with a suggestion made in Committee of the Whole earlier this date that industry and the Province should be invited to a teach-in with Council to advise of long-term plans for pollution control. . Question being taken, the motion was carried. On motion of Councillor MacDougall Seconded by Councillor A. vincent RESOLVED that the Provincial Health and Environment authorities be requested to advise the Common Council of the City of Saint John that the level of pollution in the City of Saint John and its surrounding areas is safe from a health point of view and, if not, why not. Question being taken, the motion was carried. '1- , '~ On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Councillor Schermerhorn regarding the unsightly appearance of the school property across from the entrance to Rockwood Park in the Mount Pleasant Avenue area and requesting staff to advise what action can be taken to make this site more attractive -- be received and appropriate action be taken by the City Manager or through the Mayor's Office to attempt to resolve this matter and report to Council at the next meeting. Mr. Brown, replying to a query of Councillor Schermerhorn, expressed the understanding that the Province owns the above property whereupon Councillor Schermerhorn suggested that action be taken to identify to whom a letter should be forwarded in this regard and asked whether or not the property is being rented. Mr. Barfoot confirmed that the City was interested in acquiring the subject property, however, the Province wanted to retain it. . Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the following resolution ,I! be adopted, namely:- "WHEREAS the Board of Trustees of the ,City of Saint John Pension Plan on July 16, 1987 recommended to Common Council that J. William Goldsworthy, an employee of the Police Department, be retired pursuant to section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability; and fl- WHEREAS Mr. Goldsworthy died on July 18, 1987 prior to Common Council's consideration of the aforesaid recommendation: THEREFORE BE IT RESOLVED that Common Council approves the retirement of the late Mr. J. William Goldsworthy, effective the 16th day of July 1987 pursuant to section 9(1) of the City of Saint John Pension Act.". Question being taken, the motion was carried. . ~ JI""" ~~l. On motion of Councillor Gould . Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- S~apqard Paving Maritime Limited - supply of asphalt July 15-21, 1987 $69,459.42 - supply of asphalt July 22-28, 1987 $83,750.73 I Councillor A. Vincent asked if asphalt coded under #163 as work done for others includes overhead costs and who was the recipient of such work to which Mr. Jamer replied that this code refers to work done for other City departments and advised that, although it is not normal for the City to be involved in asphalt cuts for NB Tel or the Power Commission of the City of Saint John, in some cases the City might be involved in order to expedite a project, such as in the recent situation involving a bicycle race in the City. The Mayor requested Mr. Jamer to look into a situation alluded to by Councillor A. Vincent invoLving a pavement cut on Main Street in the area of St. Luke's Church approximately 4 months ago. Question being taken, the motion was carried. On" motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 86-20, Bentley Street Water and Sewer Gulf Operators Limited Original estimated value of contract Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated July 20, 1987 Final holdback release $ 83,352.00 101,724.36 Nil 24,110.08 . $ 77,614.28 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the'lo\<lest tender received, meeting specifications, be accepted for the rental of vacuum trucks in all instances as follows:- item no. 1 - 2,000 gallon vacuum unit - Carp's Septic Tank Service Ltd., in the amount of $29.00 per hour; item no. 2 ~ 3,000 gallon vacuum unit - Carp's Septic Tank Service Ltd., in the amount of $37.00 per hour; item no. 3 - 4,000 gallon vacuum unit - Melanson Septic Tank Service, in the amount of $44.00 per hour; item no. 4 - 2,000 gallon separator unit - Giroux Enterprises Ltd., in the amount of $47.00 per hour; and item no. 5 - 2,000 gallon vacu jet unit - Giroux Enterprises Ltd., in the amount of $67.50 per hour. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the letter from the City Manager advising that, with regard to Mr. Raymond C. Graves' request of July 6, 1987 for an asphalt sidewalk along Ocean Westway, staff will assess the conditions outlined by Mr. Graves upon completion of a Provincial project, which is to commence this year and will have great significance for Ocean Westway in the near future, such project to make a direct connection between the Fredericton and St. Stephen highways with an overhead structure where Ocean Westway will run over Highway 7 -- be received and filed and Mr. Graves be so advised. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers . RESOLVED that the letter from the City Manager regarding vandalism at Forest Hills Park, a previous report in this regard having been tabled on July 6, 1987 pending further information; submitting a chart displaying the hours of overtime worked and the number of occasions at Lancaster Memorial Field, Shamrock Park and Forest Hills Park; advising that, in preparation for the summer program$, extra top dressing work was necessary at Shamrock Park because of the extensive use of one of the fields for football in the fall, and recommending that this letter and the July 6 report in this regard be received and filed -- be received and filed and the recommendation adopted. ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that, in response to questions about improvements at Simms Corner referred to in the status report concerning the Lower West Side Neighbourhood Plan recommendations submitted to Council on July 20, 1987, the City is attempting to get more improved signage in connection with the Province and discussion will be pursued with the Saint John Transit Commission and the Province on the concept and feasibility of constructing a bus lay-by, which would require relocation of the present bus stops to an expanded bus lay-by area on Lancaster Avenue in front of the Centracare site and require property acquisition as well as construction at an estimated cost of $50,000.00 plus land costs -- be received and filed. Question being taken, the motion was carried. ~ 3:4'e On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager submitting an eight-year renewal agreement with the Province and the Board of School Trustees of School District #20 for the North End Community Centre at the Lorne School which basically provides for the joint use of the Centre and the School gymnasium at times mutually agreed to with the school staff having access to the Centre during the school periods and the City staff during non-school periods having use of the gymnasium, the only change therein being the extension of the agreement period for a further eight years and recommending that Council approve the said eight- year renewal agreement extending to December 4, 1994 and that the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City -- be received and filed and the recommendation adopted. . I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting a summary of asphalt usage and cost to July 28, 1987 be received and filed. I (councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, money or a bond in the amount of $16,000.00 be accepted as security to ensure the rehabilitation of the Gulf Operators Limited gravel pit located at 1651 Sand Cove Road. . (Councillor Knibb withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor MacDougall Seconded by Councillor FleWwelling RESOLVED that as recommended by the City Manager, money or a bond in the amount of $37,000.00 be accepted as security to ensure the rehabilitation of the Galbraith Equipment Co. Ltd. gravel pit located at 395 Manchester Avenue. .1-: . '4 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager submitting a copy of a notice forwarded by Mr. J. G. L. Enright, Deputy Market Clerk, to the City Market tenants concerning debris on the City Market floor, which was the subject of a letter to Council on July 6, 1987 from Mrs. Dorothy P. Fudge; suggesting that this action should ensure that the problem of customers slipping from debris on the floor is corrected and advising that Mrs. Fudge has been so advised -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager concerning the proposal to rename to Chipman Hill the portion of Prince William Street between King and union Streets, which was the subject of a letter from Mr. Harold E. Wright on February 16, 1987 and a response to same from the Preservation Review Board on May 4, 1987; submitting a copy of the said response, as well as a copy of information which was circulated to the owners and tenants on the portion of the street affected and a plan and list indicating the numbers proposed for each building on the newly-named Chipman Hill; advising of the response to the proposal and recommending that Council approve the renaming to Chipman Hill _,of t~at portion of Prince William Street from King Street to Union Street and that the name shall become effective January 1, 1988 -- be received and filed and the recommendation adopted. ,I Question being taken, the motion was carried. 91- ~ - On motion of Councillor Gould Seconded by Councillor M. Vincent , RESOLVED that the report from the City Manager advising that, due to the inability of Saint John Foundry Limited to keep the City supplied with the quantities of castings required and the Water and Works Departments have reached a critical point in their work schedule due to the supplier's inability to deliver products, the Purchasing Agent, at the suggestion of Saint John Foundry Limited, contacted Central Castings of Amherst, Nova Scotia, which agreed to sell y~stings . ~ II"'"' ~~.~ directly to the City at either the price it quoted in its tender or the price the City is paying Saint John Foundry Limited, whichever is higher; also advising that castings have now been ordered from Central Castings Ltd. at a total cost of $39,591.50 with Saint John Foundry Limited having agreed to pay the $329.00 difference in cost between the price from Central Castings Ltd. and the contract price from Saint John Foundry Ltd., and recommending that Council approve the purchase from Central Castings Ltd. in the amount of $39,591.50 -- be received and filed and the recommendation adopted. . (Councillor Knibb re-entered the meeting.) Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor MacDougall RESOLVED that the letter from the City Manager advising that, with regard to a query during the public hearing of July 20, 1987 of the structural integrity of the proposed apartment building at the Dexter property on Dever Road, an inspection by staff revealed that the building appears to be in good condition from the exterior, is vacant but well secured and looked after by the occupancy of the adjacent building and contains building code infractions which will need to be corrected as part of the conversion to apartments -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager submitting a copy of the Environmental Assessment Regulation - Clean Environment Act which came into force on July 13, 1987 and which will have a significant impact on the environment and provide a multi-stage process for determining what effect a project may have on the air, water, land and wildlife around it and will apply to the enterprises, activities, projects, structures, works or programs specified in Schedule "A" and referred to as undertakings; explaining the procedure pertaining to such undertakings and 'concluding that Mr. D. O'Leary, Director of Economic Development, has indicated an interest in having a workshop or information session to explain these new regulations and their effects to industry, business and developers -- be received and filed. Question being taken, the motion was carried. J Read a letter from the City Manager advising that World Chess Festival has identified a need to accept registration fees by use of credit cards and submitting a copy of a report from the Deputy Commissioner of Finance which sets out the procedure to be followed in establishing the necessary accounts and transferring funds from such accounts, and submitting a recommendation for Council's consideration. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the Commissioner of Finance be given authority to establish accounts with financial institutions for the sole purpose of depositing World Chess Festival revenue, the disbursement of funds to be limited to the transferring of funds to the City's operating account based on the same signing authority that exists for the City's operating account. the and all Mr. Wilson confirmed, in response to a query of Councillor M. Vincent, that City will have complete control of WCF funds as it relates to all monies received that revenue generated for World Chess Festival purposes will be recognized, as will expenditures related to it. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I, Seconded by Councillor Vaughan RESOLVED that the report from the City Manager advising that, with regard to a June 8, 1987 garbage and unsightly premises complaint concerning St. Peter's Ball Park, debris will be cleaned as staff can be made available and that a barricade has been erected to restrict vehicle access; also advising that, although fencing is being installed in the vicinity of the ballfield to resolve a problem with fly balls, this fencing will have nothing to do with the dumping problem; suggesting that a final cleanup and a fence across Douglas Street, as indicated on the submitted map, should resolve the matter and recommending that the site be fenced in either 1987 or 1988 as funds can be made available -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. J, On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, money or a bond in the amount of $6,000.00 be accepted as security to ensure the rehabil~, itation of the City of Saint John gravel pit located at 350 Loch Lomond Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, money or a bond in the amount of $5,000.00 be accepted as security to ensure the rehabilitation of the Saint John Drywall Ltd. gravel pit located at 2532 Golden Grove Road. ...... 350 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for an Aluma-Zorb reflective ceiling system at Simonds Centennial Arena be awarded to Bassai Atlantic Ltd., at the tendered price of $30,630.00 and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Mr. Barfoot clarified that, although the City Manager's recommendation indicates a tendered price of $28,630.00, the amount should be $30,630.00 as the tenderer failed to include in the price an amount of $2,000.00 as a contingency allowance. I Question being taken, the motion was carried. Consideration was given to third reading of a proposed Municipal Plan amendment and re-zoning of property on Dever Road, the public he~ring having been held on July 20, 1987 at which time first and second read~ngs were given. Consideration was also given to a letter from the residents of the south side of Dever Road expressing opposition to the driveway relocation immediately east of the NBEPC tower and suggesting that the driveway should be relocated to the extreme east of the property where there are no residents and so that it exits directly onto Dever Road opposite the vacant Irving- owned property or onto the City-owned CP Rail access road. I On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, , the Future Land Use Plan of the Municipal Development Plan, properties fronting on the north side of Dever Road, between 1010 Dever Road and the N.B.E.P.C. right-of-way, from Heavy Industrial to Low Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A Law To Amend The Municipal Plan By~Law", ,(;',: I. ,1/ was read in its entirety. Councillor Schermerhorn asked whether or not, in view of the above letter from residents of the south side of Dever Road which addresses a situation of truck traffic and poses a question with respect to '. notification from Planning concerning the ,proposed amendments, Council should reconsider this matter prior to proceeding with third reading. Mr. Bedford clarified that, although during the notice period for the Planning Advisory Committee some people were inadvertently omitted from the list of residents to receive specific notice of the application, that part of the process is done as a courtesy and the official part of the process as required by law was carried out, that being the public advertisement. With regard to the location of the driveway, Mr. Bedford advised that the alternative proposed has been reviewed and the applicant, having been requested to consider the alternative, is of the opinion that the changes and improvements being made to the site at the present time are, at least at the moment, the amount of investment the applicant would like to make in the subject property and the extension of the road to the CPR access is one which the applicant would prefer not to participate in at this time. I ----- On motion of Councillor MacDougall . Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table until the next meeting for consideration of the letter from residents of the south side of Dever Road. Question being taken, the tabling motion was carried with Councillors Davis and Knibb voting "nay". On motion of Councillor Schermerhorn ,I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-108 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 110 Range Road (being a portion of L.R.I.S. Number 55046924), containing approximately 1 acre on the northwesterly side of Range Road approximately 800 feet from the St. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. /7'~ The by-law entitled, "By-Law Number C.P. 100-108 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. Read a letter from the Common Clerk advising that, pursuant to Common Council resolution of June 15, 1987, the necessary advertising has been completed to allow Council to eliminate the necessity of the Fire Prevention and Investigation By-Law, which was given first and second, . ~ II"'"' '~51 ,. readings on June 8 an une ,respec ~ve y, e~ng rea ~n ~ s en ~re y pr or reading; noting that the Municipalities Act provides that, following such advertising, a by-law may be read by section numbers only prior to third reading, if no member of Council objects, and concluding that third reading of the said By-Law is in order at this time. I Her Worship the Mayor stated that the Fire Prevention and Investigation By-Law has been advertised under Section 12 of the Municipalities Act and requested the Common Clerk to read the By-Law by section numbers only, unless a member wishes to object to this procedure, and advised that, if there are no objections to this procedure and while the By-Law is being read by section numbers only, any member may ask questions during the reading of the sections or following the reading; however, if there are objections, the By-Law will be read in its entirety unless the objection is withdrawn before the Common Clerk commences to read the By-Law in its entirety. (Councillor M. Vincent withdrew from the meeting due to a possible conflict of interest. Councillor Schermerhorn withdrew from the meeting.) On motion of Councillor MacDougall I Seconded by Councillor Gould RESOLVED that the by-law entitled, "By-Law Number M-IIO A By-Law Respecting Fire Prevention And Fire Investigation In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number M-IOO A By-Law Respecting Fire Prevention And Fire Investigation In The City Of Saint John", was read by section numbers only. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on July 20, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. Inc. of Council That Council approve the release to Festival By, The Sea - Festival Sur Mer, the $25,000.00 remaining in the total amount of $100,000.00 approved by Common resolution of October 27, 1986. ,I 2. That the City construct a base in the North Market Wharf area, at an estimated cost of $400.00, on which to mount a brass plaque recently received by HMCS Brunswicker on which is inscribed a description of the Tree Laying Ceremony conducted by the Mayor on May 5, 1985 in commemoration of the 75th birthday of the Canadian Navy. 3. That as recommended by the Board of Police Commissioners, the Mayor and Common Clerk be authorized to execute the submitted letter of agreement permitting Constable A. C. Martin's release for the purpose of secondment to the Canadian Police College with full pay and benefits for a period of two years commencing August 1, 1987. 4. the Road That as recommended City is not interested in at the present time. by the City Manager, Dr. Catherine Adams be advised that selling the land behind her property at 2025 Sandy Point . 5. That as recommended by the City Manager, Mr. Patrick Mullett be advised that the City is not prepared to lease the land at the Allison Grounds and will not permit the establishment of a convenience store at this site. 6. Winslow present, value. That as recommended by the City Manager, the City's interest in the land at 87 Street, known as Lot 865 Guys Ward (L.R.I.S. Number 363499), be sold to the lessee, Mr. Joseph Briggs, for a price of $2,300.00, being 50% of the appraised I 7. That as recommended by the City Manager, the request of Teron International Urban Development Corporation for a further six-month extension on its option to lease the Water Street site be denied and the Company be thanked for its past efforts to develop the site. 8. That the City retain the abattoir property off Thorne Avenue and advise all interested parties that it is not for sale. j, 9. That as recommended by the City Manager, a 10 by 140 foot strip of land along the eastern side of the property at 117 Dresden Avenue, being part of L.R.I.S. Number 313783, be sold to Baxter and Barbara Hurley, under the following conditions:- (1) the selling price will be $1,000.00, (2) the preparation of the subdivision plan will be the responsibility of, and at the expense of, the applicant, (3) any cost of constructing the new driveway will be the responsibility of the applicant and (4) the proceeds from the sale will be placed in the special fund reserved for payments received in lieu of land for public purposes. 10. That as recommended by the City Manager, Common Council authorize the execution of the submitted Permit/Release/Indemnity document with Canadian National Railway Company relative to the demolition of the CNR grain elevator on Water Street. . Tuesday, August, 4, 1987, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. llI... ""'IIIl 352 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above /. report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above I report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above I report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". . On motion of Councillor MacDougall Seconded by Councillor Davis RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillors Gould, Knibb, Rogers and Vaughan voting "nay". On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that ,section 6 of the I '~ above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) . On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. Seconded by Councillor Schermerhorn RESOLVED that section 9 of the ~, On motion of Councillor Knibb above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn J, Seconded by Councillor Knibb RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee regarding the D. Hatfield Ltd. property at 1055 Rothesay Road, which was the subject of Common Council resolution of July 20, 1987, submitting a recommendation concerning the conditional use of the property for Council's consideration. ' . ~ ~ 353 Consideration was also given to a letter from Mr. D. F. MacGowan, solicitor of Clark, Drummie & Company, on behalf of D. Hatfield Ltd., advising that he and Mr. L. Hatfield, President of D. Hatfield Ltd., will be present at this meeting in the event that there are any questions on the proposal which require clarification. . Consideration was also given to a letter (copies of which were forwarded to Council members prior to this meeting) from Barry & O'Neil, solicitors for Brookville- Torryburn Neighbourhood Association, requesting to make representation at this meeting with respect to the above-noted matter. Councillor M. Vincent proposed a motion, which was seconded by Councillor Knibb that the recommendation of the Planning Advisory Committee be adopted. I The Mayor noted that Barry & O'Neil requested in the above letter to make representation on behalf of the delegation present in the Council Chamber. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that a representative of Barry & O'Neil be invited to address Council at this time. I Question being taken, the motion was carried. . Mr. David G. O'Brien, solicitor, noted the presence in the Council Chamber of a delegation representing the Brookville-Torryburn Neighbourhood Association and expressed concern that the proposed development of the property will increase traffic congestion in the area, will result in depreciation of property values, will result in the possible seepage of oil and gas into the land and, in view of a considerable portion of the property being in the flood plain, an increase in flooding as a result of filling in by the developer. Mr. O'Brien advised that a number of residents in the area indicated that they did not receive notice of the Planning Advisory Committee meeting at which this matter was discussed, although a delegation did make representation at the meeting, and requested that this matter be tabled for at least several weeks so that the residents can have further consultations with the Engineering Department and, as well, be given an opportunity to review the proposed agreement with D. Hatfield Ltd. in order to make submissions to Council on items which should be included therein and to consider the possibility of appealing the Planning Advisory Committee decision. The Mayor noted that Mr. D. F. MacGowan, solicitor, has indicated in the above letter that he will be present at this meeting. On motion of Councillor Schermerhorn J address Council at this time. Seconded by Councillor Rogers RESOLVED that Mr. D. F. MacGowan be invited to Question being taken, the motion was carried. . Mr. D. F. MacGowan, solicitor, advised that D. Hatfield Ltd. has gone through all of the procedures in accordance with City and Provincial legislation and has received approval throughout, having agreed with every request made of him by City staff to the final conclusion that the Planning Advisory Committee, after due consultation with City staff, the Provincial Department of Health and residents of the area, did its function and set conditions with regard to the use to be made of the subject property. Mr. MacGowan noted that the Zoning By-Law and the Community Planning Act do not permit Common Council to question the conditions that were placed on the use of the property by the Planning Advisory Committee and that the sole purpose and function of the matter being before Council at this time is for Council to authorize the preparation and execution of an agreement between D. Hatfield Ltd. and the City with respect to the specific proposal on the stated terms and conditions. Mr. MacGowan also advised that he prepared and submitted on July 30 to the Legal Department, which he understands Mr. Nugent has not had an opportunity on which to comment, a proposed agreement including the terms and conditions imposed by the Planning Advisory Committee with which his client is abSOlutely prepared to abide, and suggested that to defer this matter for any further period of time would not be productive and, in fact, would impose a severe burden and hardship on his client who has a contractual obligation which, conditional as it may be, is one which must be met for the purchase of a building to be placed on the property and has invested nearly $50,000.00 in the project. I Mr. Nugent confirmed that it would be improper for Council to defer dealing with the above matter for the purposes suggested by Mr. O'Brien because the nature and extent of the conditions imposed by the Planning Advisory Committee are not able to be established or varied by Council, having been determined and established by the Committee pursuant to its sole authority to impose conditions with respect to uses described in the Zoning By- Law as conditional uses, and that the only purpose of the above item being before Council at this time is to determine whether or not Council wishes to commit the terms and con- ditions to a written agreement and concluded that it would not be proper to table this matter in order for further discussion to take place with respect to the nature of the conditions that have already been imposed. The Mayor asked if, in view of the lack of opportunity for residents to have their questions answered due to the omission of notification from the Planning Advisory Committee to all residents of the area, it would be proper to table the matter to which Mr. Nugent replied that the only matter with which Council can deal at this time is whether or not Council wishes to authorize an agreement with the developer incorporating the conditions in question. . . During ensuing discussion Mr. Johnson confirmed that, in his opinion, the permit application met the requirements of the Flood Risk Area By-Law and in this particular instance a holding pond was created adjacent to the bank of Creek and, in response to the Mayor's question with respect to the policing of holding ponds and ditches, expressed the understanding that there is no one designated to do so; Mr. Bedford noted that the effect on wells in the area is a Provincial matter and, with regard to the possible increase in flooding due the excess fill advised that D. Hatfield Ltd. at the request of staff obtained advice from a consulting engineer and on the basis of such advice the recommendation was made to Mr. Johnson that the requirements of the Flood Risk Area By-Law were being fulfilled; ~ 354 the propriety of tabling the matter was broached in view of lack of notification to all residents; and Mr. Bedford noted that staff's initial recommendation, in its report on the review of the Flood Risk Area By-Law which was submitted to Council, is that there be no further residential development in the flood plain. On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that as recommended by the Planning Advisory Committee, Common Counc~lauthorize the pr7parat~on and execution of an agreement between D. Hatf~eld Ltd. and the C~ty wh~ch will make the Committee's approval of a new repair garage, warehouse and storage compound on private water and sanitary services at 1055 Ro~hesay Road be subject to the following conditions:- (a) it is developed ~n conformity with the site plan prepared by the Planning Department and revised dated July 28, 1987, (b) all works be completed within 12 months of the issuance of a building permit, (c) there will be no storage of heavy equipment outside the compound, (d) there,should be no ac~ess of heavy , equipment off Rothesay Road and (e) a sol~d board fence w~th only a pedestr~an gate be constructed to block any view into the compound from Rothesay Road. Question being taken, the motion was carried with, the Mayor and Councillors Rogers and Schermerhorn voting "nay". The Mayor asked Council's consideration of a motion to have no more filling in of the flood plain until an indepth review of the Flood Risk Area By-Law takes place, particularly in view of Mr. Johnson's confirmation that there is no policing of the so-called ponds and ditches, whereupon such motion was moved by Councillor Davis and seconded by Councillor Rogers. Councillor M. Vincent asked if Council is placing itself in an awkward position insofar as liability is concerned, should the proposed motion be adopted, with respect to applications which are already proceeding through the system. Mr. Nugent, upon the Mayor's clarification that the motion is that Mr. Johnson not issue any more permits for filling in of the flood plain for development until Council reviews the Flood Risk Area By-Law and that any applications in the process would be reviewed on an individual basis, noted that the Flood Risk Area By-Law describes the circumstances under which the Building Inspector is obliged to issue a development permit and that, if the requirements are met in accordance with the By-Law, the Building Inspector must issue a permit and that, until the By-Law is amended to allow absolute prohibition, a person complying with the By-Law is, according to the By-Law itself, entitled to a permit. The Mayor requested that the motion be withdrawn pending Council's review of the By-Law at its next meeting whereupon the motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the sum of $776.00 be accepted as money-in- with respect to the L. R. MacDonald Subdivision the Planning Advisory Committee, lieu of land for public purposes at 531 Hillcrest Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the sum of $420.00 be accepted as money-in-lieu respect to the Saint John Drywall Ltd. Road. Planning Advisory Committee, the of land for public purposes with Subdivision at 2532 Golden Grove (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb , . RESOLVED that as recommended by the Plann~ng ~dv~sory Committee, Common Council assent to the submitted subdivision plan show~ng a 48 square meter street corner widening at the Taylor Avenue _ Somerset Street intersection. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from The Minister of Health and Community Services, Dr. James Fan as District Medical Health Officer and filed with appreciation. Honourable Nancy Clark Teed , , ' regard~ng the appo~ntment of in Saint John -- be received Question being taken, the motion was carried. . 'I I . I -..,.? . ~I I y~ . ....4 II"'"' .J 355 On motion of Councillor Schermerhorn . Seconded by Councillor Davis RESOLVED that the letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, concerning the provision by the City of parking permits to residents of the South End and expressing opposition to charging a fee for same -- be referred to the City Manager and the Parking Commission. Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Flewwelling RESOLVED that the letter from The Honourable Hazen Myers, Minister of Agriculture and Rural Development, responding to Common Council resolution of May 11, 1987 concerning public health matters -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the memorandum from the Cities of New Brunswick Association advising that all resolutions to be considered at the October 2 and 3, 1987 Annual Meeting of the Association must be submitted by Friday, September 11 at the latest for circulation to member cities on or about September 25 so that delegates may review them in advance of the meeting -- be referred to the City Manager for composition of resolutions for Council's consideration. Question being taken, the motion was carried. . On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Regional Hospital Foundation Coordinator of the Relay Organizing Vice Committee, Labatt's Lite 24 Hour Relay, requesting to place during the week of August 10 to 15 until September 18 a large gauge at the top of King Square to identify the Relay, as well as the Foundation as the recipient of the funds, and noting that this year's project is enhancement of paediatric services, to better service the total treatment and rehabilitative needs of the more than 2000 children treated each year at the Saint John Regional Hospital -- be received and filed and permission be granted. Question being taken, the motion was carried. 'I: On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the New Brunswick Branch of The united Empire Loyalists' Association advising of its proposal to sponsor a citizens' committee to undertake and arrange for a suitable observance of Loyalist Day on May 18, 1988 with the objective of the committee to be to organize a suitable day of events to commemorate the founding of Saint John with the arrival of the Loyalists and the granting of the Charter on May 18, 1785, as well as to emphasize the declaration made by The Lieutenant Governor in Council that May 18 is Loyalist Day in the Province of New Brunswick -- be referred to the Nominating Committee. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the notices from the Liquor Licensing Board advising that the hearings of the applications of Mak Brothers Ltd. for a dining room license, O'Leary Entertainment Ltd. for a special premises (recreational license), and 033935 N.B. Ltd. for a dining room license, with respect to premises at Fairville Boulevard, 50 Princess Street and 324 Rothesay Avenue, respectively, will be held on ugust 7, 1987 -- be received and filed. ~I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the petition from residents of owell Street and City Line protesting the removal of sand and gravel from Bay Shore each -- be referred to the City Manager for investigation and a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . ~~6g T:J:'7auL lIr..... .., 3,56 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of August, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Acting Assistant City Manager; J. Nugent, Acting City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; B. Thompson, Deputy Police Chief; R. Thompson, Deputy Fire Chief; S. Bedford, Acting Director of Planning; W. Butler, Director of Water and Sewer Services; S. Galbraith, Director of Supply and Services; D. O'Leary, Director of Economic Development; J. Levesque, Director of Communications and Public Relations; J. Brownell, Assistant Director of Recreation; J. Johnson, Building Inspector; S. Lodhi, Manager of Building Maintenance; B. Moe, Planner; P. Hanlon, Operations Engineer; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I: ~I Reverend Ted Britten, Baptist Chaplain, offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on Tuesday, August 4, 1987, be approved. Question being taken, the motion was carried. Her Worship the Mayor extended congratulations to Patsy Patchell for her achievements in the long jump and 400-meter and 200-meter events at the recently-held Special Olympics in Indiana, and to Chris Flood and Wayne MacFarlane for their success in coxless lightweight rowing in the Pam American Games in Indianapolis; and commended Ms. Huntington-LeBlanc and others responsible for the success of the Institute of Association Executives conference in Saint John; Councillor M. Vincent extended congratulations to the organizers of the Labatt's Lite 24-Hour Relay which raised in excess of $300,000.00 for the Saint John Regional Hospital; and the recent announcement by Murray & Gregory Limited of its intent to close its operation in the City was noted. 1 ;---~ Councillor Knibb proposed that the Mayor's letter (copies of which were forwarded ,individually to Council members), submitting a report from the City Manager recommending a new format for Common Council meetings, should be added to the agenda for consideration at this meeting rather than discussed in Committee of the Whole later this date on the basis that there is no reason to conceal the City Manager's recommendation from the pUblic whereupon the Mayor, in stating that no one is trying to conceal anything, suggested that there are differing ideas among Council members with respect to Council meeting format. ~ On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, MacDougall, Schermerhorn and Vaughan voting "nay". On motion of Councillor MacDougall '1=' , . . Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend congratulations to Councillor Samuel Davis on his appointment as Chairman to the Board of Commissioners of the Saint John Regional Hospital. Question being taken, the motion was carried. 'I Deputy Mayor Gould suggested that the City should approach the Chairman of Murray & Gregory Limited and offer, within reason, to assist in any way possible to keep the Company in operation and that Messrs. Brown and O'Leary could meet personally with the Chairman on August 18, 1987 to follow- up on this matter. On motion of Councillor Gould Seconded by Councillor Knipb " -' RESOLVED that Messrs. Brown and O'Leary pursue the ~bovematteroh"A~g~st:',J!8, '1987. . ~ II"'"' ~@~ Question being taken, the motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Rodney Street, and that no written objections were received in this regard. No person was present to speak against or in favour of the proposed street closing. On motion of Councillor Schermerhorn 1 Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Rodney Street, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor A. Vincent I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Rodney Street, be read a second time. Read a second time the by-law entitled, "A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor A. Vincent . Seconded by Councillor Rogers RESOLVED that an emergency be declared to exist and that consideration be given to third reading of the above by-law amendment at this meeting. I~ The Mayor asked for an explanation of the nature of the emergency to which Councillor A. Vincent replied that the above-proposed amendment involves the Mountain development on Lancaster Street and City Line. Mr. Clark concurred with Councillor A. Vincent's observation that although the Mountain property is involved; the two items which are urgent in this regard are the public license for the trustee lands and the subdivision plan and land for public purposes, which are included for consideration at this meeting and added that he is not aware of a crisis insofar as the proposed amendment is concerned. Deputy Mayor Gould, in noting the presence in the Council Chamber of Messrs. H. Colwell, solicitor, and R. Gordon Church, developer of the Mountain, suggested that they advise Council if the above matter is of an emergency nature whereupon the Mayor noted that a unanimous vote of Council is required in order to declare an emergency. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Gould, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent voting IInayll . . Consideration was given to a letter from Mayor Wayne submitting a copy of a letter to the Minister of Health and Community Services from the President of the Saint John Medical Society expressing concern with respect to recent developments in the Loch Lomond watershed including contamination with a petroleum product of wells in 1984 from an underground storage tank, a marked increase in residential development in the area of the Second Loch Lomond Lake and, in particular, a new subdivision in what appears to be within the catchment area of the Lake, and a proposed new subdivision for the First Loch Lomond Lake to include waterfront lots. I The Mayor noted that Council refused an offer of approximately $175,000.00 to purchase the property on First Loch Lomond which is the site of a proposed subdivision and expressed 'the understanding that, although the Provincial Department of Health has turned down an application to subdivide the property, the solicitor for the applicant has decided to go before the Planning Appeal Board which is scheduled to meet on August 27, 1987. The Mayor suggested that Council should immediately proceed to expropriate the subject property, as authorized under Section 8(1) of the Municipalities Act, in order to protect the City's watershed and advised that Mr. R. Gillis, solicitor for the present owner, has offered to the City the frontage of the property at a higher price from that which was offered by the previous owner for all of the property. The Mayor also suggested that, in taking immediate action to expropriate the land, Council should request the City Solicitor to take whatever action is necessary to proceed to court to stop any action to the appeal board and called for a motion, because Council will not be meeting in regular session prior to the appeal board hearing and on the basis that funds have been received from the provincial Department of Muncipal Affairs and Environment for a cost-shared study of the watershed and as the property in question is in the City's watershed, to take every necessary step including expropriation to put a stop to any possibility of building in the City's watershed at this time. -I~ , On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the City take every necessary step, including expropriation, to put a stop to any possibility of construction on the proposed Log Cabin Estates Subdivision land at First Loch Lomond. . During discussion Mr. Robichaud explained the location of the SUbject property which is outside the City limits; Councillor A. Vincent suggested that the Province should purchase the property concerned and the Mayor suggested that she, Councillor A. Vincent, one other Council member and City staff should meet with the Province with respect to the watershed area; Mr. Nugent confirmed the City's right to take steps to ~ ~ 358 expropriate the property; the Mayor requested Council to give authority for staff to appear at the forthcoming appeal board hearing if it takes place; Mr. Clark, in response to Councillor MacDougall's query regarding a staff recommendation, confirmed that the provincial Planning Committee on June 29, 1987 turned down the application for subdivision, advised that it is anticipated that the City could be successful at the provincial Planning Appeals Board level in which case the watershed would be preserved and not have to undergo the process of expropriation and advised that it is staff's position that the City is very much opposed to the proposed subdivision and has taken action to so demonstrate; and the Mayor confirmed that the property in question is the Log Cabin Estates Subdivision land at First Loch Lomond Lake. . Question being taken, the motion was carried. ( ='" Messrs. M. Fineberg, President, and L. Farrell, Chairman of the, Planning and Priorities Committee, Saint John Central Business Developmen't Corporation, addressed Council regarding the Corporation's proposal to restore the King Square Bandstand, the restoration plan having been prepared by Basic Design Associates Ltd., Globe Consultants Ltd. and G. F. williamson and Associates Ltd. and to include (a) restoration of deteriorated structural components, (b) replacement of deteriorated wood floor and ceiling, (c) a new electrical aystem, (d) a new pool and (e) painting the entire structure, at an estimated cost of $61,000.00, funding to be provided from the current Corporation budget, with the project completion date scheduled for November 31, 1987. The presence in the Council Chamber of Mr. J. Sackville of Basic Design Associates Ltd. was noted and the delegation distributed copies of a drawing of the bandstand renovation proposal, filed with the Common Clerk the details thereof, and requested Council's permission to proceed with the King Square Bandstand Restoration Program as presented. ~I Councillor M. Vincent asked if it is the intent to increase the lighting in King Square to which Mr. Sackville explained that the restoration program involves two phases, the first being the bandstand restoration, the second phase being the lighting which would include floodlighting the bandstand roof as well as the monuments in King Square. The Mayor suggested that action must be taken by the City to clean the monuments in both King and Queen Squares, particularly if it is the Corporation's intent to illuminate those in King Square and advised the delegation that Council will render a decision on its presentation later in the meeting. . On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. William A. Smy requesting Council to pass a resolution calling upon the Government of Canada to erect a statue of Her Majesty The Queen on Parliament Hill in 1992 to mark the occasion of the 40th anniversary of Her Majesty The Queen's accession to the Throne and to forward this resolution to The Right Honourable Brian Mulroney, Prime Minister of Canada -- be referred to the City Manager for a recommendation to CounciL ~I ~ Question being taken, the motion was carried. Read a letter from Councillor Flewwelling regarding possible methods of reducing costs of sewerage connections to homes. Councillor Flewwelling suggested that the idea of installing electric toilets, at an estimated cost of $1,200.00 each, should be investigated for unserviced areas of the City on the basis that it could be less expensive than installing sewerage systems which require pumping out and that use of such toilets should be encouraged, especially in industry. . On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for review. Question being taken, the motion was carried. I; I" On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Rogers requesting the Traffic Engineer to prepare a report for Council's consideration, including the benefit, difficulties and cost of installing beeper alarm systems at crosswalks, particularly at the intersections of Charlotte Street at King Square North, the head of King Street and the foot of King Street to Market Square, in view of problems being experienced when blind individuals, upon feeling the flow of sighted individuals crossing the street during traffic lulls without the proper signals, also cross the street which has resulted in blind individuals being struck by vehicles on two occasions -- be referred to the city Manager for a report to Council. .1 '-' Councillor Rogers noted that an automobile pedestrian signal system would cost approximately $600.00. Question being taken, the motion was carried. Read a letter from Councillor Rogers requesting that a public meeting be set up so that the City may fully explain to the residents of the affected area the accomplishments and future plans for the Lancaster sewage lagoon and recommending that this matter be referred to the City Manager and staff. . ~ JI""" 3'59 I Consideration was also given to a report from the City Manager advising that, with regard to odors emanating from the Lancaster wastewater treatment facility which generally occur during periods of dry and hot weather, the present odors result from attempting to operate a biological-mechanical treatment plant well beyond its design capacity with the result being that the dissolved oxygen level is not maintained in order to keep odors at a minimum, and that, in consultation with the Province and other experts, several measures have been taken to minimize the offensive odor, including the variation of mechanical operations, the utilization of chemical additions, the variance of water levels and the diversion of flows around the secondary pond, which have been providing some relief to the problem by increasing the levels of dissolved oxygen which will eventually significantly reduce or eliminate the offending odors and noting that rain and cooler temperatures will also be of major benefit in dealing with this problem; also advising that, upon determining the Labatt Brewery wastewater characteristics, the characteristics of all wastewater required to be treated at the Lancaster wastewater treatment facility will be known and staff can then proceed with determining the type and size of treatment facility best suited for treating this particular wastewater, with the proposed treatment facility expected to be designed through the winter and constructed during 1988 and 1989 and be fully operational in 1989, and recommending that the concerned residents be advised that every attempt is being made to eliminate the offending odors from the existing Lancaster wastewater treatment facility and that the Province of New Brunswick and City of Saint John are diligently working towards a permanent solution to the problem. . J -.:0 Consideration was also given to a letter from Jane Barry, Liberal Candidate for saint John West, and a letter from Mr. Travis W. Cushing regarding the Lancaster sewage lagoon. On motion of Councillor Rogers . Seconded by Councillor M. vincent RESOLVED that as recommended by Councillor Rogers, the matter of a public meeting to explain the accomplishments and future plans for the Lancaster sewage lagoon be referred to the City Manager and staff for appropriate action. I Councillor Schermerhorn, in agreeing that the public should be kept informed of what is going on, suggested that the above report from the City Manager does this and questioned the propriety of a public meeting being held which could turn into a political seminar in view of the forthcoming Provincial election. The Mayor suggested that the City Manager's report should be publiShed in the newspaper and that any public meeting should be held after the forthcoming provincial election and Mr. Robichaud recommended that a copy of the City Manager's report should be given to the persons chosen at the last public meeting with respect to the Lancaster sewage lagoon project as representatives of each of the interested groups and advised that he will ensure that each representative receives a copy of same. Discussion ensued regarding action taken to reduce the odor emanating from the Lagoon, the status of funding for the project and the feasibility of a public meeting versus publication of the City Manager's report and distribution of same to representatives of the interested groups. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Schermerhorn and Vaughan voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that the above report from the City Manager be received and filed and copies be distributed to and discussed with Dr. Craig and representatives of the interested community groups. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letters from Jane Barry and Travis Cushing regarding the Lancaster sewage lagoon be received and filed and a copy of the city Manager's report in this regard be forwarded to them. Question being taken, the motion was carried. I On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that permission be granted to Saint John Central Business Development Corporation to proceed with its recommended King Square Bandstand Restoration Program and that Council express appreciation to the Corporation for its enthusiasm in this regard. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the Manager, authority be granted for payment of the following invoices, namely:- Standard Paving Maritime Limited - supply of asphalt July 29-August 4, 1987 - supply of asphalt August 5-11, 1987 City $61,288.63 $79,129.61 Question being taken, the motion was carried. . (councillor M. Vincent withdrew from the meeting.) On motion of Councillor Schermerhorn ~ Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 87-11, Kierstead Road water and sewer, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $112,855.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 36U Quest~on On motion o'fCouncillor A. vincent carr~e . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, contract 87-9, concrete work 1987 - contract II, be awarded to the low tenderer, Manatec Ltd., at the tendered price of $287,811.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. . Question 'being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a factsheet with respect to the property at 2203 Ocean Westway which has been unsightly for several years and which, although the Building & Technical Services Department has spoken to the owner and sent several letters to him, the owner has made no effort to clean up; also submitting two resolutions prepared by the Legal Department, resolution "A" empowering the Building Inspector and such other employees as may be required to enter the property and eliminate the unsightly condition in the event the owner does not comply with the notice and further empowering the Legal Department to commence legal action to recover any expenses that the City might incur as a result of remedying the situation, and resolution "B" empowering the Legal Department to register in the Registry Office the notice and, upon such registration, binds the land and is deemed to be a notice to all subsequent owners or occupiers; advising that the estimated cost of cleanup is $3,000.00, and recommending that Common Council adopt resolution "A". I I. On motion of Councillor Schermerhorn . "WHEREAS the property at 2203 Ocean Westway (L.R.I.S. Number 287219) in the City of Saint John, New Brunswick, is in an unsightly condition because of the following items being upon the property: bodies or parts of automobiles, scrap metal and junk: AND WHEREAS Kenneth R. Lisson is the person shown by the records of the saint John County Registry Office to be the registered owner of the aforesaid property at 2203 Ocean Westway: BE IT RESOLVED that Kenneth R. Lisson is hereby required to remedy the unsightly condition by removing the bodies or parts of automobiles, scrap metal and junk from the property within twenty (20) days after a Notice by the Building Inspector of the City of Saint John is served upon him: 'I "- BE IT FURTHER RESOLVED that the Building Inspector of the city of Saint John is hereby appointed to serve notice on Kenneth R. Lisson requiring him to remedy the unsightly condition by removing the bodies or parts of automobiles, scrap metal and junk from the property within twenty (20) days after service of the notice: BE IT FURTHER RESOLVED that the Building Inspector or such City of Saint John employees as he may require are hereby authorized to enter upon the property to remedy the unsightly condition in the event that Kenneth R. Lisson does not comply with the notice referred to herein: BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a legal action to recover any costs the city incurs in remedying the unsightly condition in the event that Kenneth R. Lisson does not comply with the notice referred to herein.". . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that, with regard to a Council request on March 9, 1987 for a report on the status of the spruce budworm in the watershed areas over the past few years, a diminishing spruce budworm population, and thus diminishing damage, has been experienced throughout the southern part of New Brunswick and submitting a chart indicating the percentage of the total watershed area which experienced moderate or severe defoliation from 1983 to 1987, the information thereon taken from maps furnished by the Department of Natural Resources -- be received and filed. I Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the progress report from the City Manager advising that, with regard to the Mayor's request of August 4, 1987 that staff investigate the details of a skateboard facility in Saint John and Councillor Schermerhorn's suggestion that staff contact other municipalities for information on the use of skateboards on uptown streets, a meeting was held on August 13, 1987 to discuss the proposal'of the Fundy Skateboard Association concerning . ~ "..- 3 6.1 . I ,I . I . I I . ~ a poss~ e ramp coverage an cos, e cos 0 cons ruc ~ng a ramp, ramp design and size as well as the safe use of a ramp and liability borne by all parties, with all parties given the responsibility of returning with more information within a two-week period, and also advising the practice in Halifax, Moncton and Fredericton with respect to skateboarding on city streets, be received and filed with staff to continue its investigation of this matter. Mr. Wilson noted that staff is investigating the matter of insurance to determine whether or not the City can obtain insurance and, if so, at what cost and expressed the understanding that the group of skateboarders who wish to use a facility are also in- vestigating the matter of insurance coverage. The Mayor expressed the understanding that skateboarders can obtain waivers so that the City is not liable for any costs or damages and asked what type of insurance the City of Moncton obtained in order to hold its recent skateboard competitions to which Mr. Wilson replied that he would investigate such matters. (Councillor Schermerhorn withdrew from the meeting during the foregoing discussion. ) Question being taken, the motion was carried. Read a letter from the City Manager advising the results of the tender for contract 87-7, demolition of the grain elevator on Water Street, with alternate 1 requiring completion by December 31, 1987 and alternate 2 requiring completion by June 30, 1988, the engineer's estimate for the contract being $600,000.00; also advising that the tender of Greenspoon Bros. Limited was found to be informal because there was no proposal outlining the sequence and the Schedule of Quantities and Unit Prices were not complete and that the tender of Montreal Demolition Inc. was found to be informal because of the lack of a letter for the insurance coverage and for the inclusion of a letter listing conditions of incomplete insurance coverage; and recommending the award of the contract to the low tenderer. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, contract 87-7, demolition of the grain elevator on Water Street, Alternate 2, be awarded to the low tenderer, Entreprises De Construction Panzini Inc., at the tendered amount of $559,970.20, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Schermerhorn re-entered the meeting.) Councillor A. Vincent suggested that, with regard to the specification concerning 75% local labour, staff should be instructed to apply the 75% to the first day rather than ten days and that a local timekeeper should be hired whereupon Mr. Clark advised that staff was unable earlier this date to contact the recommended contractor with respect to local labour being employed and that this matter will be pursued. Councillor Rogers asked for an explanation of the logic of the two alternatives with completion dates of December 31, 1987 and June 30, 1988 to which Mr. Robichaud explained that, in a difficult project of this nature, staff thought that there might be monetary savings involved if a contractor were allowed more time to demolish the structure and this is demonstrated in the two alternate tenders submitted by the recommended contractor. Councillor Rogers expressed concern that, although a saving of $20,000.00 will result upon awarding the tender for alternate 2, the contractor will be in the process of demolition for a year and asked if there will be any problems with traffic patterns whereupon Mr. Robichaud replied that this does not cause any hardship for staff and suggested that the City may have to accommodate the contractor by changing the traffic pattern during the summer of 1988. Mr. Clark suggested that, by allowing the contractor a year, does not mean that the demolition will take a year and Mr. Robichaud advised that staff will meet with the contractor as soon as possible and report to Council on the plans for demolition. Councillor Knibb concurred with Councillor Rogers' concern with respect to the possibility of the demolition taking a year to complete and suggested that Council should consider an amendment to the above motion. (Councillor M. Vincent re-entered the meeting during the foregoing discussion.) Moved in amendment by Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that contract 87-7, demolition of the grain elevator on Water Street, alternate 1, be awarded to the low tenderer, Entreprises De Construction Panzini Inc., at the tendered price of $579,970.20. Mr. Robichaud explained that the above tender is composed of a lump-sum price which cannot change for demolishing the structure, and three items which have unit prices, advised that he does not expect that any extensive blasting would be required, expressed the understanding that fumigation of the grain elevator prior to demolition will not be necessary whereupon Mr. Clark noted that staff made a commitment to have the structure fumigated and the Mayor concurred with Mr. Robichaud's suggestion that an expert could be hired to check the building to determine the necessity of fumigating and the cost thereof. With regard to the difference in cost between alternate 1 and 2, Mr. Clark explained that the alternates were included after staff considered operational and traffic implications and added that traffic will be disrupted for the same amount of time no matter when the demolition occurs and re-iterated his recommendation to proceed with alternate 2 for completion by June 30, 1988. Question being taken, the amendment to the motion was lost with the Mayor and Councillors Davis, Flewwelling, MacDougall, Schermerhorn and Vaughan voting "nay". Question being taken, the original motion was carried with Councillors Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the matter of fumigating the grain elevator prior to demolition be investigated. ~ ~' ~ 36~ Question being taken~ the motion was carried. Consideration was given to a report from the City Manager regarding the letter to Council on July 20, 1987 from CP Rail advising of its plans to apply to the Canadian Transport Commission for a determination of the future its track network, known as the Shore Line Subdivision which includes the piece of track known as the Lancaster Spur, which has been virtually unused for the last three years; submitting a copy of a letter from NB Power advising its intent to acquire from the Canadian Pacific Railway Company an easement for an oil pipeline and of the intention of NB Tel to jointly acquire such easement and requesting the city to grant an easement over that portion of the CPR right-of-way that is leased from the City of Saint John; advising the responses from the saint John Port Development Commission, T. S. Simms Ltd., New Brunswick Electric Power Commission, New Brunswick Departments of Trans- portation and Commerce & Technology, Municipal Operations, the Economic Development Department and NB Tel, and recommending that (1) CP Rail be advised that the City of Saint John is not objecting to the abandonment application, (2) assurances be obtained from CP Rail that it will build the Spur Line from its main line to the Spruce Lake Industrial Park when occupants of the Park determine their need for rail service, (3) if the abandonment application is approved, CP Rail can retain ownership of the property or can sell it and that C~,Rail sell to NBEPC and NB Tel who would retain joint ownership, which is <i"standard arrangement and (4) the Mayor and Common Clerk be authorized to execute the requested easement for NB Power and NBTel over the lands leased to the Canadian Pacific Railway Company. . I I Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, and withdrawn following discussion, that the City Manager's recommendations be adopted. Replying to Councillor Flewwelling's questions, Mr. O'Leary explained that, although CP Rail is giving up the subject portion of its rail line, it is not the City's understanding that CP Rail is also giving up its 990-year lease on the SUbject property and Mr. Nugent explained that CP Rail's lease is a lease to operate a rail line and undertake whatever other necessary incidental activities in which it might be engaged and that CP Rail would not be in a position to grant the easements requested by NB Power or NB Tel and that the reason for the approach to the City for such easements is the fact that permission must be obtained from both the City and CP Rail. Councillor Flewwelling expressed the opinion that the City should not be involved in the granting of such easements and that such matter should be between CP Rail and the utilities concerned, and Councillor Davis asked why, with regard to recommendation (3), CP Rail should retain ownership of the subject property and suggested that it should revert to the City and the 990-year lease be terminated, the latter to which Mr. O'Leary explained that the portion of land referred to in recommendation (3) is owned by CP Rail and that such recommendation is included for the purpose of facilitating and assisting the further development of NB Power and NB Tel should CP Rail decide to sell same. The Mayor expressed the understanding that, in order to facilitate the conversion of Coleson Cove, this matter must be finalized expediently to accommodate a pipeline to the area and, responding to Councillor MacDougall's query with regard to the continuance of the 990 year lease of the 3.63 miles of City land, Mr. O'Leary explained that the above recommendations deal with two issues, one being CP Rail's application to abandon the Spur Line, the other being the use of such property by NB Power and, with regard to the suggestion that the 990-year lease be terminated, the property revert to the City and the City then, in turn, enter into easement agreements with the utilities, advised that he is unable to respond to same whereupon Councillor MacDougall suggested that the matter should be tabled until the next meeting pending receipt of such information. Councillor Davis proposed a motion, which Councillor MacDougall seconded, that recommendation (1) above be adopted whereupon Councillor Knibb, in noting that there was a motion on the floor, suggested that such motion be withdrawn with which Councillor Schermerhorn concurred. . 'I '- . On motion of Councillor Flewwelling laid on the table. Seconded by Councillor A. Vincent RESOLVED that the above matter be Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent voting "nay". I On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, CP Rail be advised that the City of Saint John is not objecting to the abandonment application. I - Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, assurances be obtained from CP Rail that it will build the Spur Line from its main line to the Spruce Lake Industrial Park when occupants of the Park determine their need for rail service. . ~ "..- 363 Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, if the abandonment application is approved, CP Rail can retain ownership of the property or can sell it and that CP Rail sell to N.B.E.P.C. and NB Tel who would retain joint ownership, which is a standard arrangement. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Gould, MacDougall, Rogers, A. Vincent and M. Vincent voting "nay". .1 On motion of Councillor M. Vincent Seconded by Councillor Davis RESOLVED that recommendations (3) and (4) in the above report from the City Manager be laid on the table until the next meeting pending legal advice. .1 The Mayor suggested that, as there is some urgency in the above matter, it may be necessary for Council to meet next week. Question being taken, the tabling motion was carried with the Mayor and Councillors Knibb and Schermerhorn voting "nay". . Consideration was given to a report from the City Manager regarding a proposed Municipal Plan amendment and re-zoning of property on Dever Road, third reading of the proposed Municipal Plan amendment having been tabled at Council's meeting of August 4, 1987 for consideration of a petition from area residents opposing the driveway location recommended by the Planning Advisory Committee, such location being the most convenient location from the point of view of the owner and tenants of the industrial buildings, and submitting a copy of correspondence from the applicant, Dexter Construction Company Limited, setting out the position that its proposal is reasonable and should be implemented; concluding,that this portion of the applicant's land is already zoned industrial and the owner has a right to access off Dever Road and the approval process does not permit the City, in the face of direct opposition from the applicant, to have the industrial driveway relocated to the extent requested by the area residents, and recommending that Council adopt the Planning Advisory Committee's recommendation to Council of July 20, 1987 and proceed to amend the Municipal Development Plan and re-zone the Dexter Construction Company Limited property. On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, properties fronting on the north side of Dever Road, between 1010 Dever Road and the N.B.E.P.C. right-of-way, from Heavy Industrial to Low Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I Councillor Schermerhorn asked if there was communication between City staff and representatives of the area residents who signed the above-mentioned petition to which Mr. Bedford replied that, having discussed the matter of the driveway location with Mr. A. Kelly and upon contacting the applicant, the position of the applicant remains the same as that expressed in the submitted copy of a letter from the solicitor for Dexter Construction Company Limited which is that it prefers the location of the driveway as recommended by the Planning Advisory Committee and noted that, although from a planning perspective it would be feasible to remove truck traffic from Dever Road from the area fronting on the residence, in this particular case the property concerned is already zoned industrial and, without the agreement of the applicant, staff does not feel that it is in a position to request anything further from the applicant. Mr. Bedford concurred with Councillor Schermerhorn's observation that the property to which the residents are requesting the driveway be relocated is zoned industrial and added that Council does not have the authority in this particular case to tell the applicant to relocate the driveway to the location requested by the residents. The Mayor suggested that Council probably does have the right to do so on the chance of being taken to court. Councillor Flewwelling suggested that the following factors should be reviewed and the matter tabled pending a report on same:- (1) residents constructed their homes in the area never realizing that the driveway would ever be changed to allow trucks to pass in front of their homes, (2) the driveway proposed would pass over an old septic tank system placed by Dexter Construction Company Limited which could break with the weight of trucks passing over, (3) there is open sewerage running from the pumping area and (4) the City owns property in the area which is enclosed by a fence within the applicant's property. . On motion of Councillor Flewwelling I, Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table pending review of the above-noted matters. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". . , Consideration was given to a report from the City Manager recommending that, with regard to the tender for contract 87-10, supply of butterfly valves, (1) the tender of N. L. Eldridge & Co. Ltd. be rejected as it did not provide the specified materials and (2) contract 87-10, supply of butterfly valves, be awarded to Emco Supply at the adjusted price of $69,159.55, subject to appropriate bonding being supplied, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that contract 87-10, supply of butterfly valves, be awarded to Emco Supply at the price of $68,659.55 subject to appropriate bonding being supplied, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. ... .., 364 The motion initially' proposed by Councillor Schermerhorn and seconded by Councillor Knibb was that the City Manager's recommendation be adopted. Councillor Rogers noted that both tenders submitted were found to be informal, the tender of Emco Supply not having indicated that the specified performance and labour and material bonds would be supplied which would represent an amount of approximately $500.00 more than the tendered price of $68,659.55, and the tender of N. L. Eldridge & Co. Ltd. not having included the specified flanged values which would represent an additional cost of approximately $3,500.00 to the tendered price of $71,890.00 which means that both tenders could have been rejected. Mr. ,Clark concurred that, although both tenders were incomplete, the situation is quite critical with regard to Wigmore's Chamber and that it is a judgement call on his part to recommend the low bidder who, upon being contacted, has agreed to supply the necessary bonding. Councillor Rogers clarified that she is supportive of the recommend- ation if it does not include the indication that N. L. Eldridge & Co. Ltd.'s tender is informal on the basis that, in her opinion, it is not in order to take two informal bids, adjust one to make it formal and reject the other. The Mayor clarified that the recommendation is that contract 87-10, supply of butterfly valves, be awarded to Emco Supply at the price of $68,659.55 subject to appropriate bonding being supplied and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. . I ,"" (Councillor Schermerhorn withdrew from the meeting during the foregoing discussion.) I, -' Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of councillor M. vincent Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council approve the firm of Gardner Pinfold Consulting Economists Ltd. to carry out the background study and report for the strategic plan, at a cost of $24,638.00. . (Councillor Knibb withdrew from the meeting.) Mr. Clark, in response to Councillor Vaughans observation that Council was not provided with a list of the seven firms which submitted proposals, advised that a list thereof could be made available. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the report from the City Manager regarding Common Council resolution of March 10, 1987 pursuant to Section 39 of the Community Planning Act with regard to the re-zoning of the Mountain property on Lancaster Street and City Line and the condition , that the recreational area in the plan be clearly for the use of the community, which was the subject of presentations by Mr. Harry Colwell, solicitor for the developer, in Committee of the Whole on August 4 and August 10, 1987; advising that Messrs. Colwell and Nugent have discussed and agreed to the wording of a public license that may be used to implement the said resolution and that the detailed description of the public use as set out in the instrument must be acceptable to Council as the appropriate arrangements contemplated by Council; and recommending that Common Council accept the public license with respect to the land identified as Trustee Lands on the submitted plan be received and filed and the recommendation adopted. 'I '-- (Councillors, Knibb and Schermerhorn re-entered the meeting.) . Mr. Clark, in referring to the Planning Advisory Committee's report to be considered at this meeting which deals with the subdivision of the Mountain property and the land for public purposes, clarified that the above-proposed license is to provide right-of-access across the trustee lands and Mr. Nugent clarified that the trustee lands include the area of land Council dealt with in March 1987. Councillor Schermerhorn asked if staff communicated with area residents who were having difficulty with respect to the Mountain development to which Mr. Bedford replied that, of the ten persons with whom staff attempted to contact, the six persons reached had no real negative comments in this regard. I Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land as shown on the plan entitled "Subdivision Plan, The Mountain Estate SUbdivision, Phase I", dated July 27, 1987 and (2) Common Council authorize the entering into of an agreement respecting the grading, grassing and maintenance of the land for public purposes. ',I Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports ~ "..- . at35 . .1 ,I . , . I I . ll..~ Your Committee begs leave to report that it sat on August 4, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Acting City Solicitor, Council authorize the City Solicitor or his designate to take the necessary steps for the purpose of carrying out and obtaining a judicial review of the Arbitration Board's decision in the matter of Saint John policemen's Protective Association, Local No. 61, C.U.P.E., arbitration concerning statutory holidays. 2. That the request of Loyalist City Wheelchair Club for financial assistance regarding the Atlantic Disabled Games be received and filed and the Club be advised that it can apply to the City for a grant with respect to any future events. 3. That as recommended by the City Manager, Mr. S.M.H. Zaidi be advised that the land on Lakewood Avenue West is not available for sale at the present time. August 17, 1987 Saint John" N. B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted and that the Legal Department be authorized to engage outside legal counsel. The mover and seconder of the motion agreed to add the Mayor's suggestion that the engagement of outside legal counsel be authorized. Question being taken, the motion was carried with Councillors Rogers and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillors Gould, Rogers and A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) TO the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on August 10, 1987, when there were present Mayor Wayne and Councillors Davis, Gould, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the following recommendations of the Nominating Committee be adopted: (a) that Mr. Herbert F. Doucet and Dr. Glen Macdonald be re-appointed to the Saint John Aquatic Centre Commission for a term of three years effective August 1st, 1987. (b) that James Kemp and Alva Stackhouse be re-appointed to the Saint John Transit commission for a term of three years effective August 1st, 1987. (c) that Mr. Terrence Totten be appointed as a liaison member of the Board of Commissioners of the Saint John Free Public Library, replacing Mr. Daryl Wilson. (d) that a Council committee comprising Deputy Mayor Gould as chairman, and Councillors Vaughan, Davis, MacDougall, and the city Manager as an ex officio member, be established to review and report to Council on the role and terms of reference of the Tourism Advisory Commission, prior to further appointments being made to the said Commission. 2. That as recommended by the City Manager, Council enact the appropriate by-laws to prohibit new residential construction within the flood risk area until such time as there is a significant upgrading of the present level of flood protection. 3. That as recommended by the City Manager, all necessary actions be taken to ensure that the present level of flooding protection in the flood risk area is maintained, including: aij . (a) Establish in the 1988 budget the necessary funds to investigate the present storage volume available in the forebay, and take the necessary steps to ensure that this storage volume is not diminished. . (b) Establish in the 1988 budget the necessary funds to update the topographical mapping for the flood risk area. (c) Continuance of the waterway maintenance program. 4. That as recommended by the City Manager, the costs of significant upgrading of the present level of flood protection, and the benefits to be obtained by such upgrading, be further evaluated, including: (a) the two-stage use of Glen Falls Dam; I (b) possibilities for increasing storage in the forebay, or for pumping at the Causeway; August 17, 1987 Saint John, N. B. (c) proposals for other works included in the 1977 Report. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) ~I, On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 3 of the 'I ....... above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) The Mayor suggested that a matter considered in Legal Session of Council requesting the City Solicitor to review and submit for Council's consideration an amendment to the FLood Risk Area By-Law to stop filling-in of any portion of Marsh Creek, its banks or the stream bed, be considered at this time. . On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the City Solicitor be requested to submit for Council's consideration a Flood Risk Area By-Law amendment to stop the filling-in of any portion of Marsh Creek, its banks or the stream bed. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from The Market Square Corporation submitting a Statement of Revenue and Expenses on the Market Square parking Garage for the six months ending June 30, 1987, and a copy of the Transient Parking Report and Comparitive Statistics -- be received and filed. I The Mayor noted that the revenue from the parking Garage is over the amount budgeted and Councillor Schermerhorn asked for a report explaining why the amount expended on maintenance and repairs is double the amount budgeted to date. Councillor Flewwelling asked the cost to the City for the Parking Garage over and above the revenue of approximtely $440,000.00 to which Mr. Wilson replied that, in addition to the operating costs as indicated on the submitted reports, the City shares in the common area costs of the Market Square Complex with the City's total annual contribution to same being approximately $3.5 million of which approximately $2.5 million is related to the parking Garage which occupies the entire basement area. . .... JI""" ~ 367 Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the letter from Aitken Bicentennial Exhibition Centre Inc. submitting a copy of the audited financial statements for the year ended December 31, '1986 and advising that a cheque in the amount of $10,811. 00 was forwarded to the Commissioner of Finance being the remaining surplus from the Centre's operating budget for the previous fiscal year -- be received and filed with appreciation. f Question being taken, the motion was carried. On motion of Councillor MacDougall Seconded by Councillor Schermerhorn RESOLVED that the letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, submitting a copy of the new Petroleum Product Storage and Handling Regulation under the Clean Environment Act, which took effect on August 10, 1987, be received and filed. I The Mayor advised that, having received a copy of the above regulation, she forwarded it to the City Manager who in turn forwarded the copy to the Fire Chief. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the memorandum from provincial- Municipal Council Inc. submitting a response to Common Council resolutions submitted to the Cities of New Brunswick Association on October 3, 1986, regarding the province's VOluntary compliance with provisions of the Community Planning Act especially relating to zoning and building by-laws of a municipality and with respect to the enactment of the necessary legislation to enable municipalities to adopt by-laws to control smoking in public places, the response to the former indicating the intent of the Minister of Supply & Services to have his Assistant Deputy Minister arrange a meeting in this regard, the response to the latter referring to the submitted copy of the amendment to Regulation 91- 192 of the Municipalities Act allowing municipalities to make non-smOking by-laws -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould ,- Seconded by Councillor Schermerhorn RESOLVED that the letter from Kaye M. Smith and the letter from Mrs. Elizabeth A. Cann SUbmitting a copy of letters forwarded to the Minister of Municipal Affairs and Environment expressing concern with regard to D. Hatfield Ltd.'s development of the property at 1055 Rothesay Road -- be received and filed and staff take note of the nature of objections filed by the citizens. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from the Canadian Council on Social Development requesting assistance for a major project in relation to homelessness in Canada, which is being carried out with financial assistance from Canada Mortgage and Housing Corporation with CCSD required to raise funds to meet part of the costs, and submitting a copy of a press release with respect to this project -- be received and filed. I Councillor Schermerhorn proposed a motion, which was seconded by Councillor Flewwelling, and subsequently withdrawn, that the above matter be referred to the City Manager for input and consideration by the grants committee; however, Councillor Knibb expressed opposition to such motion on the basis that the City, through Saint John Non- Profit Housing Inc., has supported the local and regional conference to an approximate amount of $2,000.00 or $3,000.00 and expressed the opinion that Council should not be requested by the National Council to assist in subsidizing the publication of a report which will result in only so much paper, with the valuable part of the exercise having already been accomplished through Saint John Non-Profit Housing Inc. Question being taken, the motion was carried. On motion of Councillor Schermerhorn -I \ .~,,_.- Seconded by Councillor Rogers RESOLVED that the letter from Mr. Alfred Kelly advising that, when entering or leaving the Milford Ball Park area, the people and vehicles use part of his property at 233 Milford Road, and also advising that he is willing to sell this piece of land to the City if the City will make an offer for the land required with the City to do the survey and legal work -- be referred to the City Manager for investigation. Question being taken, the motion was carried. . The Mayor called for a motion to adjourn and for Council to meet in Committee of the Whole and, replying to a question of Councillor Schermerhorn with regard to his request of August 4 for a report on the unsightly property adjacent to the Rockwood park entrance, advised that a group of people has requested the use of the facility on this property and is pursuing this through the Department of Supply and Services and that a report will be submitted to Council in the near future. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that this meeting be adjourned. .... .., 3ci8 . Question being taken, the motion was carried. . (~/zfY2"7M<1 Co on Clerk I I -" _C..J . ~I ~ . I I . ~ "..- ~J~ At a meeting of the Common Council, held at the City Hall in the city of saint John, on Monday, the thirty-first day of August, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C.' RObichaud, Assistant City Manager -Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. G. Riley, Chief of Police; R. Johnston, Deputy Fire Chief; S. Bedford, Director of Community Planning; D. O'Leary, Director of Economic Development; S. Armstong, Director of Engineering; W. Butler, Director of Water and Sewer Services; S. Galbraith, Director of Supply and Services; C. E. Nicolle, DireGtor of Recreation and Parks; B. Sheridan, Assistant Director of Parks; J. Johnson, Building Inspector; R. Adams, Property Management; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Reverend Kevin Culberson of Central Baptist Church offered the opening prayer. On motion of Councillor Knibb . Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on August 17, 1987, be approved. Councillor Knibb made the observation that the date for staff to pursue the matter of Murray & Gregory Limited's closure was inadvertently indicated as April 18, 1987 rather than August 18, 1987 and, in response to Deputy Mayor Gould's query concerning the results of such meeting, Mr. O'Leary advised that, having had an opportunity to discuss the matter with Mr. Keith Wilson of Murray & Gregory Limited, it appears that everything that could be done to keep the business open has been done. ' Question being taken, the motion was carried. ~I- Her Worship the Mayor, referring to two items (copies of which were forwarded to Council members as information items), noted that the Minister of Tourism, Recreation & Heritage presented to The Market Square Corporation an amount of $200,000.00 representing the provincial Government's share in phase one of the historical restoration of the City Market, and commented on the significant increase in flights at the Saint John Airport this summer. Her Worship the Mayor welcomed to the Council Chamber Mr. L. Murphy, Member of the Legislative Assembly and, having recognized the presence of Mr. Peter Stephen, Mr. Stephen addressed Council concerning the 1987 United Way Campaign. The Mayor welcomed to the City of Saint John participants in the Annual Conference of The Institute of Public Administration of Canada. Her Worship the Mayor read the following statement on behalf of her and Mr. Henry Meinhardt, Chairman of The Market Square Corporation:- . "The Market Square Corporation has received legal advice to the effect that the rights and interests of the City and the Corporation in the Market Square Complex would not be adversely affected by the proposed sale by the Receiver. However, in view of the unexpected action of the Receiver in advertising the sale, the Corporation will be initiating legal and other steps to ensure that such rights and interests will continue to be protected as well as to ensure the ongoing operation of the Complex. This matter being of a legal nature, no further comment will be made at this time.". ~ Her Worship the Mayor extended a message of sympathy to the family of the late Mr. Bruce Holder, Senior, who passed away on August 27, 1987. On motion of Councillor A. Vincent I Seconded by Councillor Vaughan RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Bruce Holder, Senior. Question being taken, the motion was carried. ~I- The Mayor read a proclamation proclaiming the month of September 1987 to be World Chess Festival Patron Month in the City of Saint John, and commented on the number of tourists to the City in 1987 compared to tourist visits in 1986. At Councillor Knibb's suggestion, the Mayor requested the City Manager to arrange for Council to meet in Legal Session regarding the Market Square Complex matter. . The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use plan of the Municipal Development Plan, to redesignate a parcel of land at 9 Somerset Street, containing approximately 22,000 square feet and bounded by Somerset, Barker, Magazine and Webster Streets, from Low Density Residential to Medium Density Residential classification and (b) re-zoning the same parcel of land from "RM-l" Multiple Residential to "BR" Business Residential classification, to permit a building development that includes both residential and business uses, as requested by The Saint John Loan Company Limited, and that no written objections were received in this regard, with a letter having been received from the applicant accepting the Planning Advisory Committee's recommendation of August 25, 1987. ~- ~ 370 .' Consideration was given to a letter from the Planning Advisory committee recommending that (1) the site at 9 Somerset Street be redesignated on Schedule 2-A of the Municipal Development Plan from Low Density Residential to Medium Density Residential classification and (2) the site at 9 Somerset Street be re-zoned from "RM-l" Three-Storey Multiple Residential to "BR" Business Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which would: (al limit the development to the proposal submitted and dated August 21, 1987, with the exception that the commercial area be limited to 500 square meters (5,382 square feet) and (b) that the applicant prepare detailed plans which would be approved by the Director of Planning prior to any development which would indicate among other things: proposed site grading, proposed on-site drainage system, proposed building location and exterior elevations, proposed paved parking areas and concrete curbing and landscape materials proposed for those areas not occupied by a building or parking area. . I' Mr. David M. Lunney of The Saint John Loan Company Limited appeared in support of the above application and expressed agreement with the Planning Advisory Committee's recommendation. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 9 Somerset Street, containing approximately 22,000 square feet and bounded by Somerset, Barker, Magazine and Webster Streets, from Low Density Residential to Medium Density Residential classification, be read a first time. I Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 9 Somerset Street, containing approximately 22,000 square feet and bounded by Somerset, Barker, Magazine and Webster Streets, from Low Density Residential to Medium Density Residential classification, be read a second time. ,I~ Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 9 Somerset Street, from "RM-l" Three-Storey Multiple Residential to "BR" Business Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. . Councillor Vaughan asked if Planning staff agrees with the Planning Advisory Committee's recommendation with respect to limiting the commercial area to 500 square meters in view of staff's recommendation to the Committee being that the commercial area be limited to 280 square meters to which Mr. Bedford confirmed that staff is not prepared to object to the Committee's recommendation. Question being taken, the motion was carried. I, """" On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 9 Somerset Street, from "RM-f" Three-Storey Multiple Residential to "BR" Business Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. -I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. . ~ "..- ,371 Question being taken, the motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 9-A by removing the Stage 3 designation with respect to a parcel of land at 188 Latimer Lake Road (L.R.I.S. Number 334516), containing approximately 27 acres with a frontage of approximately 550 feet on the southern side of Latimer Lake Road east of the Hickey Road intersection and (b) re-zoning the same parcel of land from "RS-2M" and "RF" to "RR" Rural Residential classification, to permit a rural residential subdivision with minimum lot area of 1.25 acres serviced by individual wells and septic tanks, as requested by John and Mary Brennan and Jean-Claude and Colleen Vautour, and that no written objections were received in this regard. I Consideration was given to a letter from the Planning Advisory Committee advising that the Committee agreed with the recommendation of staff that this type of new unserviced development not be approved prior to receiving a report from Environment and Infrastructure; suggesting that, although the public hearing should occur as advertised, no decision should be made at this time, with Council having until February 29, 1988 to make a final decision on this matter, and recommending that Council take no action on this application until the report from the Environment and Infrastructure has been dealt wi th by CounciL I Mr. Blake Palmer of Latimer Lake Road (L.R.I.S. Number 335059) appeared in opposition to the above-proposed amendments and read his August 10, 1987 letter to the Planning Advisory Committee in which he expresses concern with regard to the possible adverse effect to his property by the use of septic tank systems because of the lower elevation of land and that the proposed lots 6, 7 and 8 are located on boggy terrain and, even with the use of fill, this would only intensify the water run-off leading to contamination of ground water for future use and development. Mr. Palmer referred to a 1970 petition requesting Council to deny the proposed location of a trailer park at the subject site and expressed concern with the continuous dumping of effluent materials into the Little River Reservoir, which is used extensively for recreation and supplying City water, without at some point in time creating an environmental crisis and requested that, if the application is accepted, the City provide a written guarantee that his property will not be contaminated as a result of waste materials from the proposed development. Mr. Palmer questioned the inconsistency between the position of the Department of Municipal Affairs and Environment in 1970 at which time it did not approve the use of the subject site for a trailer park, yet the submitted staff report indicates that this Department has advised that it does not anticipate any environmental problems with regard to the proposed development. . I Mr. John Brennan appeared in support of the application and, reading from a prepared brief which he subsequently filed with the Common Clerk, advised that the results of a residents' poll within a half-kilometer of the proposed nine-acre subdivision indicate support for a small development on the subject property and, with regard to environmental concerns, circulated photographs of the Pipe Line and Likely Roads intersection depicting garbage and abandoned vehicles. Mr. Brennan suggested that a small development in the area would greatly improve the quality of the environment and advised that, as indicated in the submitted copy of a letter dated August 31, 1987 from Mr. Eric R. Dole, Public Health Inspector, generally the lots can be upgraded to a condition such that they will be safe for self-contained water and septic systems, expressed the opinion that 1.25-acre'lots will promote some expansion in the area, and, in concluding that the applicants are willing to accept a one-month delay of their application pending the report from Environment and Infrastructure Services, requested that Council proceed with this matter as soon as possible. . Mr. Brennan, replying to queries of Councillor Knibb, advised that it is his intent, as well as the intent of the Vautours, to construct residences on the subject property and that, with respct to his knowledge of individual wells and septic tank systems, commented on the water availability at his current residence which is 250 feet from the subject site and advised that he is unaware of any problems in the area in this regard and that the Department of Health has visited the site. Councillor A. vincent asked who owns the property depicted in the photographs to which Mr. Brennan replied that the Provincial Department of Commerce and Technology is the owner of the subject property. Councillor Vaughan asked if, in view of the indication in the submitted staff report to the effect that the proposed development is situated well within Stage 3 and therefore must be considered unsuitable for "RR" development standards and thus cannot be supported by staff, staff would be likely to recommend the development even upon receipt of the pending report from Environment and Infrastructure Services and suggested that the reason for denial of a development in the 1970's should be investigated in the event the same situation currently exists. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of John and Mary Brennan and Jean-Claude and Colleen Vautour for a Municipal Plan amendment and re-zoning of property at 188 Latimer Lake Road be laid on the table for one month until the report from Environment and Infrastructure Services has been dealt with by Council. ,I Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that above-proposed amendments be received and filed. the correspondence regarding the ~ Question being taken, the motion was carried. . Councillor A. vincent asked that staff take action on September 1, 1987 to determine the owner of the property depicted in the above-circulated photographs and review the situation. ~ ~ 372 It was noted that th~ necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 96 Stanley Street (L.R.I.S. Numbers 21782, 21790, 21774, 23747 and 21998), comprising an area . of approximately 17,000 square feet and fronting for 120 feet on Stanley Street, 220 feet on Summer Street and 50 feet on Winter Street, from Low Density Residential to District Centre Commercial classification and (b) re-zoning the same parcel of land from "RM-l" Multiple Residential to "I-I" Light Industrial classification, to permit the continued use of the property for the existing business use, including outside storage of materials, as requested by Phase Premises Ltd., and that written objections have been received from Saint John Heritage Trust Inc., Nancy McDonald and Joseph Thibodeau, Barry & O'Neil, solicitors for Mary A. Patchell and Marie J. I Nobel, and Teed, Teed & McPhee, solicitors for Wright Street Housing Co- Operative Limited, and that a letter has been received from Gilbert, McGloan, - ' Gillis, solicitors for the applicant, requesting to withdraw the subject application, also'a letter of objection received from sisters of Charity of the Immaculate Conception. Consideration was also given to a letter from the Planning Advisory Committee recommending that Common Council not amend the Municipal Development Plan and not re-zone the property at 96 Stanley Street. The Mayor noted that the applicant's solicitor has requested to withdraw the above application whereupon Councillor Schermerhorn proposed a motion, whiCh was seconded by Councillor A. Vincent, that the application be withdrawn; however, such motion was subsequently withdrawn upon Mr. Rodgers' observation that, technically, the Mayor should call for any objections to the above application on the basis that it is the subject of a public hearing, following which Council can proceed with or deny the proposed amendments or grant the request to withdraw the application. I Mr. Peter Teed, solicitor, appeared on behalf of Wright Street Housing Co-Operative Limited, in objection to the above-proposed amendments and requested that Council deal with the matter and deny the application on the basis of the Planning Advisory Committee's recommendation, rather than the application being withdrawn and explained that, if the application is denied, there is a one-year waiting period for the matter to be brought back to Council and, upon the Mayor's observation that the City is before the Court with respect to the property, advised that this is another reason why he would prefer the matter to be dealt with at this time and denied. Mr. Teed expressed the understanding that the matter was before the court and an adjournment granted in order to apply for a Municipal Plan amendment and re-zoning of the property and advised that his client is involved in a $2.5 million residential renovation project of 45 units in the subject area and has gone to considerable time and expense to oppose the application and wants Council to deal with and adopt the Planning Advisory Committee's recommendation at this time. . On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Common Council not amend the Municipal Development Plan and not re-zone the property at 96 Stanley Street. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. . Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of the land at 314 Greenhead Road, 5-39 Dalila Court and L.R.I.S. Number 418483, located to the north of Dalila Court,and comprising a portion of the Nunes Subdivision (as requested by Nautilus Construction & Rentals Ltd.) and a portion of the J. D. Irving property and the George Totton property (as requested by the Community Planning Department), from "R-IB" One-Family Residential to "R-2" One- and Two-Family Residential classification, to place the properties in the same zoning classification as other adjoining properties, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. I ~ Consideration was given to a letter from the Planning Advisory Committee recommending that the area shown on the submitted drawing and comprising property owned by Nautilus Construction and Rentals Ltd., J.D. Irving Ltd. and George Totton be re-zoned from "R-IB" One-Family Residential to "R-2" One- and TwO-Family Residential classification. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning property at 314 Greenhead Road, 5-39 Dalila Court (L.R.I.S. Numbers 407726 and 407965) and L.R.I.S. Number 418483, comprising property owned by Nautilus Construction & Rentals Ltd., J. D. Irving Ltd. and George Totton, from "R- IB" One-Family Residential to "R-2" One- and TwO-Family Residential classification, be read a first time. . ~ "..- 373 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Knibb I' Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning property at 314 Greenhead Road, 5-39 Dalila Court (L.R.I.S. Numbers 407726 and 407965) and L.R.I.S. Number 418483, comprising property owned by Nautilus Construction & Rentals Ltd., J.D. Irving Ltd. and George Totton, from "R-IB" one-Family Residential to "R-2" One- and Two-Family Residential classification, be read a second time. Read a second time the by-law to amend the zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of King William Road (Service Road), and that no written objections were received in this regard. No person was present to speak against or in favour of the proposed street closing. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to King William Road, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". ,I Mr. O'Leary, in reply to a query of Councillor Flewwelling, explained that service roads were proposed in the original design of the Spruce Lake Industrial Park, rather than having access directly to the main roadway; however, most of the development has direct access to the main highway and the service road is not required. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John, with respect to King William Road, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". . Question being taken, the motion was carried. ,I Mr. Barry Ogden addressed Council concerning a proposal of Messrs. Ogden, Eugene Sullivan, Jim Stackhouse and Jim Freeman to construct a replica of the Marco Polo ship and a historical seaport in the City. Mr. Odgen distributed to Council members earlier in the meeting copies of the proposal for a Marco Polo Waterfront Historic Village and, referring to same, commented on the number of tourists who visited various seaport areas in comparison to the number who visited the Port of Saint John and, in suggesting that a ship is a major attraction to an area, noted that Saint John is known for Canada's most famous sailing ship, namely, the Marco Polo. Mr. Odgen circulated a copy of a booklet entitled, "Mystic Seaport"; displayed the original painting of the proposed waterfront historic village, and suggested how the proposal as a focal point could be beneficial to the City and its other tourist attractions. I -, The Mayor asked the estimated cost of the proposal to which Mr. Ogden replied that, having discussed this matter with the local Dry Dock and the person who constructed the Bluenose and the Bounty, an amount of $6 million is estimated and advised that a study in this regard would cost $75,000.00 which, under the Federal-provincial agreement, would mean that 35% of this amount would be required. Mr. Odgen noted the presence in the Council Chamber of a representative of the New Brunswick Department of Tourism and suggested that the City could form a committee to determine if the funding of $30,000.00 could be raised possibly through pUblic donations and, in response to Deputy Mayor Gould's query regarding the availability of the Marco polo's original building plans, expressed the understanding that plans are available. The Mayor suggested that this matter should be referred to the City Manager in order to priorize the request with other City projects and advised that Council would render a decision with respect to the presentation later in the meeting. On motion of Councillor Gould . Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne noting that, in Committee of the Whole on August 24, 1987 Council agreed to make its concerns regarding the effect of the proposed Federal tax reforms on the City of Saint John to the Cities of New Brunswick, the Federation of Canadian Municipalities and the appropriate la... ~ 374 Federal and provincial represehtatives, and recommending that, further to this, the City prepare a proper brief for submission to the Standing Committee on Finances and Economic Affairs, House of Commons, such brief to show the possible negative impact of these multi-stage sales tax increases and other increases as proposed by The Honourable Michael Wilson, Minister of Finance, in his Tax Reform Proposals -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. Councillor Knibb requested that his letter concerning an operating grant to the Bi-capitol Theatre be withdrawn from the agenda as it his understanding that a Committee of Council is meeting with The Bi-Capitol Project Inc. On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that the above letter be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb I the City namely:- Standard Seconded by CouncillorA. Vincent RESOLVED that as recommended by Manager, authority be granted for payment of the following invoices, Paving Maritime Limited - supply of asphalt - supply of asphalt August 19-25, 1987 August 12-18, 1987 $ 84,966.38 $100,544.24 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Iroquois Salt Products Ltd., in the amount of $26.20 per tonne, plus tax, be accepted for supplying the City's 1987-1988 requirements of highway salt. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 87-12, modification to transmission mains, Wigmore's Chamber, be awarded to the low tenderer, Que-Mar Construction (Maritimes) Ltd., at the bid price of $271,882.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I (Councillor Schermerhorn withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tenders of Atlantic Irrigation Services Ltd. and Holmes Irrigation Inc. for the Rockwood Park Golf Course irrigation pumping system 1987 be declared informal and thereby rejected for the following reasons:- (1) Atlantic Irrigation Services Ltd. altered the tender form as follows: (a) execution of contract from 15 calendar days to 6 weeks for completion of work, (b) Atlantic Irrigation Services Ltd. will not be responsible for modification to the existing pumphouse structure, such modifications being~ called for as part of the tender, (c) should there be delays in the installation caused by items under the control of the City of Saint John, there will be an additional charge of $250.00 per day for time lost and (d) Atlantic Irrigation Services Ltd. is not responsible for the condition of the existing components, owned by the City of Saint John, to be used in the pumping station, and (2) Holmes Irrigation Inc. altered the tender form with regard to execution of the contract from 15 calendar days to 6 weeks minimum for completion of work. . I Question being taken, the motion was carried. On motion of Councillor Knibb I ~-- ~~ ,Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the proposal of Norman Wade Co. Ltd., at a total cost of $44,279.53 plus provincial sales tax, be accepted for the supply and installation of a computer aided design system for the Engineering Department, this being the only submission to meet the City's requirements. ' (Councillor Schermerhorn re-entered the meeting.) Question being taken, the motion was carried. . ~ r"" 375 On motion of Councillor Knibb I Seconded by Councillor Rogers RESOLVED that the report from the City Manager regarding confusion with respect to the conditions of approval with respect to the subdivision located approximately 425 feet from the intersection of Keating and Westfield Roads and the subdivision at the eastern end of Keating Road approximately 1,500 feet from Westfield Road and the city's intent to do some upgrading, in the form of chipsealing, of Keating Road in the current Capital Program; advising that, in both subdivision cases, the applicant was not required to do any physical upgrading of the roadway which continues to retain its status of a private road and, in the 1987 application, a condition of approval was also stated as follows: U(c) the owner be advised that the city accepts no responsibility of upgrading, maintenance or plowing of Keating Road.", the intent of such statement to convey to the applicant the City's position that it is not required to provide any service to a private roadway, with Municipal Operations continuing to provide a level of service that basically keeps such private roadways serviceable, generally on a last priority basis; also advising that, in keeping with Council's 1986 policy to make some improvements to the private roads, mainly involving installation of a chipseal road surface, several private roads have had this attention over the last two construction programs and, as the South Bay area has a number of private roads, the city's effort has been directed to this area with this program and the 1987 Capital Program includes provision to chipseal only the first 550 foot length of the Keating Road which contains all but two of the houses located on the road; explaining that, with regard to some doubt as to the legal status of the location of the existing roadway beyond this point and added confusion in that the recent contract for chipseal indicated an intent to also chipseal the next 450 feet of Keating Road, this was in error and has been deleted from the proposed work; and recommending that Common Council confirm the intent to chipseal the first 550 feet of Keating Road and further that it remains the intent to provide the same level of service to Keating Road as has been done in the past -- be received and filed and the recommendation adopted. . I (Councillor Davis withdrew from the meeting.) . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to Common Council resolution of August 18, 1986 which gave consent in principle for the reconstruction and relocation of the acetylene and oxygen pipelines across Bayside Drive as part of a pipeline from the Union Carbide plant to Saint John Shipbuilding and Dry Dock, alignment of the pipeline has been finalized and the City is prepared to issue an excavation permit, and recommending that the Mayor and Common Clerk be authorized to execute the pipeline License with union Carbide of Canada -- be received and filed and the recommendation adopted. I (Councillor Davis re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to the agreement with P. L. Holdings Ltd. of February 16, 1987 for the development of Brentwood Park Subdivision Phase 4, the developer has now completed part of the work, which is estimated to be in the amount of $111,000.00, with work yet to be completed estimated to be $49,000.00, and recommending that, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Brentwood Park Subdivision Phase 4 be reduced to $49,000.00 from the existing amount of $160,000.00 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I ,~,.. Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the premises at 47 Princess Street, formerly occupied by Phoenix Restorations, be leased to the Province of New Brunswick for use as a returning office, at a rental of $1,,100.00 for the period September 1, 1987 to October 31, 1987, the rental to include heat and electricity. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ,- Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, with regard to the issue of a parking restriction which was recently imposed on both sides of DeMille Street which was questioned in Committee of the Whole on August 24, 1987, the posting of no parking signs on DeMille Street is merely a confirmation of a parking prohibition which is already in the Traffic By-Law and it should result in improving service on DeMille Street and should not have any major effect on Fundy Drive -- be received and filed. Question being taken, the motion was carried. . Read a report from the City Manager regarding skateboarding in the City, which was the subject of a progress report to Council on August 17, 1987; noting that skateboarding is not only a sport but also a form of transportation for the children who use them and that, basically, there are two types of skateboards, travellers and rampers, the latter being the type used for jumps and ramps, with the majority of children using the traveller; suggesting that, with the apparent increasing popularity of skateboarding, it is incumbent on the City to fully investigate the ramification of becoming involved with building a ~ ~ 376 skateboard ramp and submitting'a staff report respecting insurance which indicates that the City's insurers are unwilling to include the proposed ramp in the City's insurance coverage, as have other companies which have been approached, and that information gained from the City of Moncton regarding a special skateboard competition indicated that, if similar competitions were to be held next year, insurance could be a problem in that City as well. The report also advises that, as indicated in the submitted staff report, based on the design recommended by the skateboarders, the cost to construct the ramp is estimated at $9,500.00 using City forces and that, with regard to the amount of $1,500.00 which was quoted in the skateboarder's letter, this was for a smaller ramp and involved the use of used and second grade material and that the skateboarders' revised or current estimate for materials only is $4,000.00, and suggests that the facility should also be fenced for safety and control purposes at an estimated cost of $3,500.00. The report also advises that the skateboarders have offered to build the ramp, if the City will fund the purchase of materials and supply the location; however, their attempt to secure insurance coverage has been unsuccessful to date; notes that no funds have been provided for this purpose in the 1987 budget; notes that, as indicated in the submitted copy of Appendix C, local support appears not to be strong and staff is hesitant to recommend proceeding further at this time; suggests that Council support should therefore be conditional upon the City's liability exposure being protected and a precedent not being set which maybe regretted later and, submits, based on this approach which is similar to that being followed in the City of Ottawa, Ontario except that Ottawa does not provide financial support, a proposal for Council's consideration. . 1 I ...- On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that as recommended by the city Manager, Council adopt the following proposal for the construction and operation of a skateboard ramp and further that the terms and conditions of this proposal be incorporated into a formal agreement:- . That the City of Saint John assist the Fundy Skateboarding Association in _ the construction of a skateboard facility by: (a) providing the site at Shamrock Park (b) providing a grant in the amount of $4,000.00 for ramp materials (or the City purchasing necessary materials to this value) (c) fencing the facility (d) carrying out safety inspections in conjunction with the Association; Subject to the conditions that the Association will agree to: I (a) obtaining liability insurance to a minimum of $1,000,000.00 naming the City as insured for the duration of the facility (b) obtaining the necessary permits and constructing the ramp in 'accordance with approved plan (c) supervising the operation of the facility during hours it is open, and securing it when not operational (d) maintaining the facility to meet standards of safe use at all times (e) ensuring that safety equipment, including helmets, knee and elbow pads, are worn at all times by users . (f) keeping the site clean at all times (g) agreeing to any other reasonable requirements that may be necessary for safe operation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, (1) the tender of Rontech Agencies for playground equipment for Lakewood Heights School, Red Head Park and Quinton Heights Park be declared informal as it did not include installation of the play units or include an experienced supervisor to oversee the installation work of the third unit and did not indicate additional cost to supply an experienced supervisor the first day in an amount of $600.00 and $300.00 for each additional day plus Provincial tax, and also the structures do not meet the tender specification; and (2) the contract for playground equipment for Lakewood Heights School, Red Head Park and Quinton Heights Park be awarded to the lowest formal tender, being Paris Playground Equipment, Inc., at the. bid price of $24,237.03, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Question being taken, the motion was carried. Consideration was given to a letter from the City Manager noting that, during discussion on the new format for Common Council meetings, it was agreed that an attempt would be made to distribute the Council kits on Thursday rather than Friday because Councillors have had difficulty getting questions answered because staff was sometimes unavailable at all times on Monday; also noting that the Procedural By-Law calls for all reports, communications, by-laws, resolutions, documents or other matters to be submitted to Council to be delivered to the Common Clerk at least 16 business . ~ ,.... 377 hours prior to each regular Common Council meeting which means that any matter submitted prior to 4:30 p.m. Thursday is entitled to be placed on the agenda, thus, the By-Law would have to be amended to make the cutoff 24 business hours rather than 16 business hours if Council kits are to be completed and sent out on Thursday; suggesting that it might be useful to review some of the implications before Council makes such a change in the Procedural By-Law as follows:- (1) Council has more time to review agenda material, ask questions and get answers, (2) staff has more time to review the material and to provide additional information, (3) the Council agenda will become less current in that the last minute for putting items on the agenda is going to be earlier, (4) there will be less opportunity to respond in open session to items raised in Committee of the Whole on Monday, or in Committee of the Whole to questions raised in open session on Monday as there will be effectively only 2~ days rather than 3~ days to research and respond, (5) the tendering system, which has been working well, closes at 2:30 p.m. on Wednesdays, which enables most tenders to be dealt with the following Monday; however, it will be tight to get tender reports in before a Thursday deadline and, although the solution may have to be in some cases to move the tender opening a week earlier, the downside for contractors in these cases is that tender deposits will be retained a week longer and, alternatively, urgent tender reports could be sent out on Friday to be added to the agenda Monday and (6) generally, with agenda closings on Thursdays, there will be more tendency for items to be added to the agenda on Monday; concluding that, after considering all the various implications of this procedural change, it still seems worthwhile for Council to implement the change for a trial period, and recommending that Council vary it procedures so that Council kits can be distributed on Thursdays. . I I Councillor Schermerhorn proposed a motion that the City Manager's recommendation be adopted, and Mr. Rodgers confirmed that a By-Law amendment is required should Council wish to adopt the said recommendation. During ensuing discussion Councillors Knibb, Davis, MaCDougall, Flewwelling and Gould questioned the need to amend the present procedure, and the Mayor noted that Councillor Schermerhorn's motion was not seconded. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the above letter from the City Manager be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I Consideration was given to a report from the City Manager advising that staff was not in a position to object by the final date for objections of August 19, 1987 to the application of Crestwood Holdings & Realty Ltd. for a Municipal Plan amendment and re-zoning of property on Ashburn Road because additional supporting information which was required had not been received; noting that an application for a quarry and asphalt plant was considered for the same site in 1984 at which time there was a number of environmental concerns which related to the operation proposed and the application was denied; advising that the applicant has been requested to provide additional detail with respect to the operation, potential environmental impacts and propose how the potential impacts will be controlled and the applicant and his solicitor have verbally advised staff that they would not object to a short delay to enable them to provide the information requested; and recommending that a decision to refer this matter to the Planning Advisory Committee, set a date for the pUblic hearing and authorize advertising be tabled. . Consideration was also given to a letter from the Common Clerk advising that, fOllowing the procedure for amendments to the Municipal Plan, the necessary advertising and pUblic presentation regarding the submitted application of Crestwood Holdings & Realty Ltd. have been completed and that the required waiting period for objections expired on August 19, 1987, with written objections having been received from Mr. E. D. Ferguson, Brookville Manufacturing Company and Strescon Limited, and concluding that Council may now authorize the necessary advertising for the proposed Municipal plan amendment and re-zoning of the property between Ashburn Road and Rothesay Avenue and the eventual public hearing and request the views of the Planning Advisory Committee. On motion of Councillor Schermerhorn ,I -~ Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a decision to refer the application of Crestwood Holdings & Realty Ltd. for a Municipal Plan amendment and re-zoning of property on Ashburn Road to the Planning Advisory Committee, set a date for the public hearing and authorize advertising -- be laid on the table. Question being taken, the tabling motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City of Saint John", with respect to closing a portion of the following highway:- RODNEY STREET (portion): All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, County of Saint John, and Province of New Brunswick being more particularly described as that portion of Rodney Street north of City Line and south of Lancaster Street not previously stopped up and closed - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. . Question being taken, the motion was carried. .... ~ 378 Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Petro-Canada Ltd. have been completed and that the required waiting period for objections expired on August 19, 1987, with a written objection having been received from Irving oil Limited and, in addition, a letter dated August 20, 1987 has been received from the applicant's solicitor. . On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Petro-Canada Ltd. for a Municipal Plan amendment and re-zoning of property at 247 Bayside Drive and 20-26 Mount Pleasant Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, October 13, 1987. I Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of saint John , ,\, ~, . I The Committee of the Whole reports Your Committee begs leave to report that it sat on August 17, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, commencing Monday, August 31, 1987, Council agree to meet in regular session at 7:00 p.m. on a bi- weekly basis with the understanding that there will be occasions when Council will have brief committee of the whole meetings in advance of these open meetings and further that, in the intervening weeks, Council agree to meet on Mondays to consider issues now reflected in the committee of the whole agenda. . August 31, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above report be received and filed and the recommendation therein be adopted for a six-month trial period. I During ensuing discussion Mr. Clark, at the Mayor's request, explained that his recommendation is bas'ed on his observation that Council does not have adequate time to deal with difficult matters in the current format and confirmed that the proposed change does not mean that more items will be discussed in private as items which are now included on the agenda for open session will be dealt with one week while those now included on the agenda for closed session will be considered the alternate week. It was suggested that the recommendation should be adopted for a six-month trial period and the mover and seconder of the motion concurred with this suggestion. . Question being taken, the motion was carried with Councillors Flewwelling, Gould, Knibb and A. Vincent voting "nay". Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the city of Saint John The Committee of the Whole reports I Your Committee begs leave to report that it sat on August 24, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Council adopt the following policy with respect to smoking on City premises:- (1) this policy will apply to all persons on City premises, whether elected or appointed officials, employees, or members of the public, (2) the object of this policy is to obtain a smoke-free environment for City workers within the next year, (3) while this policy is in the best interests of all employees, there are some employees who will have difficulty in adjusting to the restrictions on smoking; therefore, the policy will be implemented in two phases, (4) (a) effective October 5, 1987, smoking will be permitted only in designated areas with all other areas of the workplace to be classified as non-smoking areas, (4) (b) within six months, the implementation of Phase II, the designation of all City areas to be non-smoking areas, will be reviewed with the Safety Committee to determine the appropriate process for implementation and (5) the City of Saint John recognizes that some employees may have a problem adjusting to the non-smoking policy, therefore, arrangements have been made for the New Brunswick Council on Smoking and Health to conduct smoke cessation seminars before the implementation date. I . ~ r'" ~/'j . I I . I . I , ' ? I . ~ 2. That as recommended by the City Manager, (a) John Brown be appointed Assistant City Manager - Development, (b) Stephen Bedford be appointed Director of Community Planning, (c) John Johnson be appointed Director of Technical Services (Mr. Johnson continues to be the Building Inspector), (d) the effective date of all appointments be August 31, 1987 and further (e) that the foregoing appointments are not made pursuant to section 74 of the Municipalities Act. 3. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the requested easement for N.B.E.P.C. and NB Tel over the lands leased to the Canadian Pacific Railway Company. 4. That as recommended by the City Manager, Common Council approve the acquisition from the Saint John Exhibition Association of a sewer easement on property between Golden Grove Road and McAllister Drive, at a cost of $25,000.00. 5. That Mr. Ivan Court, Vice President of Super Slide Ltd., be advised that the City of Saint John is not interested in taking over or subsidizing the waterslide facility at Fisher Lakes. 6. That authority be granted for The Market Square Corporation to proceed to tender the South Market Street project subject to approval by City staff of the final drawings in this regard. 7. That The Market Square Corporation be authorized to negotiate leases with the City Market tenants. August 31, 1987, Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Knibb voting "nayll. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Councillor Schermerhorn proposed a motion that section 4 of the above report be adopted, and Councillor A. Vincent questioned who was responsible for repairing a break in the sewer line which was installed in the 1970s and the SUbject of the above recommendation and suggested that a meeting should be held with Mr. Charles Swanton of the Exhibition Association in this regard. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table and a meeting be held with Mr. Swanton. During discussion Councillor A. Vincent alluded to City equipment being on the Exhibition Association's premises to which the Mayor replied that such instance involved the recent fire at the horsebarn at which time it was necessary for City equipment to assist in clearing the debris and that the City Manager has a full report prepared in this regard. Question being taken, the tabling motion was carried with Councillor Schermerhorn voting "nay". The Mayor asked that Councillor A. Vincent, Messrs. Robichaud and Butler, a representative from the city Manager's Office and the City Solicitor meet with Mr. Swanton regarding the above matter and submit a report next week. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. The Mayor noted that a tour of Rockwood Park is scheduled for Council on September 8 and Mr. Clark advised that the Rockwood Park Feasibility Study report will be presented to Council on September 21, 1987. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 6 of the above report be adopted. 38U Question being taken; the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 7 of the above . report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Board of Trustees of the city of Saint John Pension Plan, Council approve the retirement of Mr. Bernard pye, an employee of the Water and Sewerage Department, in accordance with section 9(1) of the City of Saint Act, the Board having been supplied with the required medical reports as to his permanent disability. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor MacDougall RESOLVED that the letter from the Saint John parking Commission advising that, with regard to the letter to Council on August 4, 1987 from The Honourable Nancy Clark Teed, Minister of Health and Community Services, concerning residential parking permits, advising that one of the areas outlined in an anticipated presentation to Council will be the charge of the parking fee to cover the cost of administering a residential parking permit program and expressing the opinion that the proposed parking fee of $60.00 per year is small and necessary to provide the program -- be received and filed and Councilsuppor,t'the Commission's parking proposal. . Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the letter from the New Brunswick Lung Association referring to the May 11, 1987 Regulation 87- 49 under the Municipalities Act with regard to the smoking of tobacco products in an indoor public place and recommending that Council move toward developing smoking control by-laws -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the N.B. Branch of the united Nations Association in Canada advising of plans to recognize and participate in the September 15, 1987 United Nations International Day of Peace and requesting that at 12:00 noon on that day the City request all civic employees to observe the one minute of silence -- be referred to the City Manager. Councillor Knibb suggested that Council should endorse the general principle of the International Day of Peace and the Mayor noted that referral to the City Manager concerns the request that civic employees be requested to observe the one-minute of silence. . Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Gould, Knibb, Vaughan and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the Common Council of the City of Saint John endorse the general principle of Tuesday, September 15, 1987 as the International Day of Peace and encourage that the A Peal For Peace be appropriately recognized. I l~/, Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Saint John Harbour Bridge Authority advising of the resignation of Mr. Grant Bigelow from its Board of Commissioners and requesting Council to appoint a replacement for Mr. Bigelow at the earliest convenience -- be referred to the Nominating Committee for consideration and that Mr. Bigelow be thanked for his service to the City. I Question being taken, the motion was carried. . ~ JI""" 361 On motion of Councillor Flewwelling . Seconded by Councillor A. vincent RESOLVED that the letters from MacKnight Motors regarding (a) its request for the City not to impose the demands of a letter dated August 20, 1987 which indicates that the Building Inspector would close its Rothesay Avenue business, (b) asking, in view of an order received by the Company 'to not use its Simpson Drive lot for parking cars, what use may be made of this property and (c) objecting to the city's intention to prohibit all land improvement in the Glen Falls flood plain area -- be referred to the City Manager. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I Yfi-atrn ~k V/;~~ . I . I , ' I . ~ 382 At a meeting of the"Common Council, held at the City Hall in the city of S,aint John, on Monday, the fourteenth day of September, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - ":I I' Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; R. McDevitt, Fire Chief; C. Breen, Deputy Police Chief; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services'; J. Levesque, Director of Communications and Public Relations; J. Brownel'l,' Assistant Director of Recreation; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; S. LOdhi, Manager of Building Maintenance; R. Adams, Property Manage- ,ment; Ms. 'Y., Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Miss B. Knox, Mayor's Secretary; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I w ~,- ,I Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on August 31, 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor proclaimed September 12 to 19, 1987 to be Big Brother/Big Sister Week in the city of Saint John; noted that September 21, 1987 is the date of the luncheon to commence the 1988 United Way Campaign; and welcomed to the Council Chamber New York-based Freelance International Chess Journalist Luis Hoyes-Millan, who is in Saint John to interview World Chess Festival organizers and representatives of the municipal level, to tour the competition site and view the City and, at the Mayor's invitation, Mr. Hoyes-Millan addressed Council concerning Saint John as the site of the World Chess Festival in 1988. Deputy Mayor Gould presented to the Mayor a State Farm Road Atlas which he received on September 10 at the opening of an additional office in the City by State Farm Insurance. Councillor M. Vincent noted the presence in the Council Chamber of a delegation of residents from the Red Head area and suggested that Council should invite a representative of the delegation to address Council during this meeting regarding the Thomas Construction property in Red Head. 1 On motion of Councillor M. Vincent Seconded by ,Councillor Gould RESOLVED that a representative of the Red Head delegation be invited to address Council later in the meeting. Question being taken, the motion was carried. . Read a letter from Mayor Wayne advising that in July she requested the Minister of Employment and Immigration to reconsider the decision to discontinue the funding of the Saint John Learning Exchange and continue assisting the City in helping those who are illiterate and need the Exchange to get them back into the community and to be productive citizens; also advising that the City encloses, in actual fact, the greatest single concentration of non-readers in New Brunswick and expressing the understanding that the Learning Exchange is in the process of incorporating as a free-standing organization and that another year of funding would act as an important bridge in the process of becoming a self-sustaining organization. The letter submits a copy of a letter dated June 12, 1987 to The Honourable B. Bouchard, Minister of Employment and Immigration, from Carol Darling, President of the Human Development Council, and a copy of a letter dated September 1, 1987 to The Honourable Nancy Clark Teed from The Honourable Mr. Bouchard, the latter advising that funding will not be extended beyond January of 1988. 1 -~.} Her Worship the Mayor suggested that a copy of the September 12, 1987 Evening-Times Globe newspaper article concerning illiteracy should be forwarded to The Honourable Mr. Bouchard asking him to continue the funding of the Saint John Learning Exchange, as well as to the Prime Minister's Office and The Honourable Gerald Merrithew, Minister of State for Forestry and Mines, with a special appeal to continue the funding. 'I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that a copy of the September 12, 1987 Evening-Times Globe newspaper article concerning illiteracy be forwarded to the Prime Minister's Office, The Honourable B. Bouchard, Minister of Employment and Immigration, and The Honourable Gerald Merrithew, Minister of State for Forestry and Mines, with a special appeal to continue the funding for the Saint John Learning Exchange. . ~ II"'"' 383 Deputy Mayor Gould suggested that listening to a taped recording of one of the Learning Exchange's students made by CBC's Hillary Brown could lead to an appreciation of the program being conducted by the Exchange and that a copy of this tape should be included with the above information; Councillor Rogers commented on the City of Saint John civic Employees Literacy Committee in which she was involved as a member of the Mayor's Committee on Literacy; and the Mayor noted that approximately $120,000.00 is required to fund the Exchange for a one-year period. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn 'I Seconded by Councillor MacDougall RESOLVED that the letter from Mayor Wayne advising of a suggestion of Mr. Eric Teed of the N.B. Branch of the United Empire Loyalists Association with respect to sponsoring an enlarged Loyalist Day Observance Committee with the City to sponsor a special dinner for past Councillors and Freemen of the City, and recommending that the City Manager appoint appropriate City staff to meet with Mr. Teed to discuss this matter before any decisions are made and report to Council -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Davis RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the Canadian Women's Club of New York City, Inc., which is a non- profit association of Canadian women residing in the New York area who are dedicated to sponsoring a scholarship program for Canadian students of voice and piano studying in the northeastern united States; noting that this group is requesting the City of Saint John to supply a gift for a raffle to be held during the annual Maple Leaf Ball at which time Mrs. Anthony A. Bliss, a distinguished Canadian and patron of the Arts, will be the recipient of Woman of the Year, and recommending the approval of the submission of a gift up to the price of $300.00 for this raffle in New York City -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- I 1. Lakeview Drive Manatec Ltd. Concrete curb and sidewalk construction Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated August 26, 1987 Final holdback release $212,919.00 213,922.18 Nil 211,765.29 $ 2,156.89 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard Paving Maritime Limited-supply of asphalt August 26-September 1,1987 $66,248.15 -supply of asphalt September 2-8, 1987 $54,157.79 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the submitted summary showing asphalt usage and cost to September 1, 1987, be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender of Stanchem/CIL, at the prices as indicated in the submitted report, be accepted for supplying the City's liquid chlorine requirements from October 1, 1987 to March 31, 1988. Mr. Hanlon confirmed that the specifications indicate that the tender will be awarded to only one supplier and advised that it is the intent to either proceed to public tender or negotiate with the two tenderers at the end of the six-month periOd. Question being taken, the motion was carried. . . ~ , . .... ~ a64 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Guilfords Ltd., in the amount of $17,940.00, be accepted for renovations to the Finance Department on the ninth floor of the City Hall building. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Stor-It Systems Ltd., in the amount of $19,640.00, be accepted for the supply and installation of shelving and materials handling equipment in the new Supply and Services 'Department facility on Rothesay Avenue. I Mr. Robichaud advised that it is the intent to officially open the new facility in October upon having relocated the employees and having demolished the old buildings. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 87-13, screens and fabrications at Latimer Lake screen house, be awarded to Dynex Manufacturing Ltd., at the revised tender price of $29,463.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. . The difference in the tendered amounts which ranged from the low bid of $29,463.00 to $68,353.00 and the engineer's. estimate of $20,400.00 was noted and Mr. Armstrong expressed the opinion that, although the recommended tenderer has not previously performed work for the City of which he is aware, the very extensive list of work performed which was submitted with the tender indicates that the low tenderer can perform the work. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 87-14, Lakeview Drive road widening and concrete curb and sidewalk construction, be awarded to the low tenderer, Manatec Ltd., at the tendered price of $127,093.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Question being taken, the motion was carried. Read a letter from the City Manager advising that, further to Common Council resolution of August 17, 1987 regarding the proposed Log Cabin Estates Subdivision land at First Loch Lomond, the current owner of the property is Icuryy Corp. and that the City requires for the protection of its water supply a strip of land 500 feet in width along the entire frontage of the subject property on First Loch Lomond Lake as shown on the submitted plan; noting that the City will be objecting at the Planning Appeal Board hearing of the application for approval of the tentative plan of subdivision, and recommending that Council adopt the submitted resolution which was prepared by the Legal Department. . On motion of Councillor Schermerhorn Seconded. by Councillor Knibb RESOLVED that as recommended by the City Manager, the City Solicitor or:his designate be authorized to initiate and proceed with the expropriation of the fee simple absolute interest, in all that parcel of land lying on the northwestern boundary of the property owned by Icuryy Corp. known as L.R.I.S. Number 351403 to a depth of 500 feet from the shore of the First Loch Lomond Lake as shown on the submitted plan, for the purpose of protecting the source of the potable water supply used by the inhabitants of the City of Saint John and further that the Mayor and Common Clerk be authorized to execute all documentation required in the expropriation proceedings. I Mr. Clark expressed the understanding that the provincial Planning Board Appeal hearing is scheduled for September 17; Mr. Brown noted that Mr. John Nugent of the City Solicitor's Office and various representatives from the City will be present at the hearing; it was noted that, should the provincial authorities uphold the view that there should be no type of dwelling units within 500 feet of the shore of Loch Lomond Lake, :the City would have no further interest in the subject property as the City's watershed would be thereby protected and expropriation would not be pursued; and it was suggested that Dr. William Irving of the Saint John Medical Society should be in attendance at the forthcoming hearing in view of his letter which was considered by Council on August 17, 1987 and as well the recently- appointed pUblic health officer should be advised of the subject hearing. I Question being taken, the motion was carried. . ~ ~ 3S5 On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk on behalf of the City of Saint John for the sum of $1.00 execute a grant of easement in favour of Mr. A.W.C. Robertson to permit the encroach- ment of his building on St. Catherine Street, such easement to be as shown on the submitted plan prepared by Murdoch Lingley Limited and to terminate with the demolition or removal of the building. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to Common Council resolution of August 4, 1987 concerning the unsightly appearance of the former Rockwood Park School property, the provincial Department of Supply and Services, which owns the property, has advised that, as this property is being considered for sale or demolition, minimal maintenance is being done and that a representative of the Department will be discussing this property and other Provincial properties in the same category with City staff before the end of September be received and filed. It was noted that the subject property was formerly owned by the City of Saint John and the suggestion was made that, when City properties are sold to other levels of government and no longer required by same, such properties should revert to the City for the sum of $1.00. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor M. Vincent RESOLVED that staff study the possibility of attaching a rider to all agreements between the City and other levels of government and service agencies in which City-owned land is donated to such agencies for a token price stating that, if and when the agency discontinues service, the property will be returned to the City of Saint John with all structures removed for one dollar. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, with regard to Common Council resolution of August 17, 1987 requesting a report on the feasibility of installing beeper alarm systems at crosswalks for the benefit of visually-handicapped pedestrians, in the absence of a national standard for the installation of audible traffic signals, at least five cities in Canada have used or are in the process of using these devices and all seem to be following a consistent policy of locating these at sites adjacent to Canadian National Institutes for the Blind facilities; suggesting that Saint John should proceed with caution on an experimental basis when considering the installation of such signals and that, in communication with Cathy Moore who is associated with the local branch of the Canadian National Institute for the Blind, the primary target for this device should be at the intersection of King and Charlotte Streets with consideration to be given to the intersection of Union and Charlotte Streets as a secondary target; and recommending that $1,500.00 be allocated in the 1988 Capital Transportation Budget for the purchase and installation of two audible traffic signals to determine their operational effectiveness on a experimental basis __ be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding Mr. William Smy's request to Council on August 17, 1987 to adopt a resolution calling upon the Government of Canada to erect a statue on Parliament Hill in 1992 of Her Majesty Queen Elizabeth; suggesting that, although Mr. Smy's initiative is commendable, it is a project for the Government of Canada or for some patriotic organization rather than being a policy issue for the City of Saint John and advising that Mr. Smy's proposal is being passed on to the office of The Honourable Gerald Merrithew, Minister of State for Forestry and Mines, for appropriate consideration -- be received and filed. "nay". Question being taken, the motion was carried with Councillor M. Vincent voting On motion of Councillor SChermerhorn I . Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding fumigation of premises prior to demolition, which was the subject of Common Council resolution of August 17, 1987, advising that the Water Street grain elevator site will be fumigated prior to demolition on the advice of a pest control expert; noting that the Building By-Law contains no clauses with respect to fumigation of premises prior to demolition and that the standard specifications used by the Building and Technical Services Department for demolition tendered by the City do not contain any clauses with respect to such fumigation; and concluding that the number of instances of problems, which is less than 10, with respect to demolition or construction appears to be small with respect to the total number of projects, which is over 2,000 demolitions since 1970 and over 30,000 building permits, no additional authority is considered necessary -- be received and filed. Question being taken, the motion was carried. ~ "1 w 386 On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager advising that, with regard to the matter of a sewer easement on property owned by the Saint John Exhibition Association which was tabled on August 31, 1987, a meeting was held in the Mayor's Office on September 4 followed by a site visit during which time Mr. Milton Downey represented the Association; confirming that the sewer was laid in 1973 to service Parkway Mall at which time written permission had been granted by the Association for the installation of the sewer pending final agreement on all matters pertaining thereto but such final agreement was not achieved; advising that Mr. Downey is proceeding to obtain prices from contractors to repair the broken sewer which is causing local pollution in the immediate vicinity of the break; and recommending that this report be received and filed and the easement acquisition be taken from the table and approved -- be received and filed: . r AND FURTHER that as recommended by the City Manager, Common Council approve the acquisition from the Saint John Exhibition Association of a sewer easement on property between Golden Grove Road and McAllister Drive, at a cost of $25,000.00. Councillor MacDougall expressed opposition to the above motion on the basis that the $25,000.00 cost is not representative of what would have been the 1973 cost and further that it was the Association's responsibility to collect the amount required from the City at that time. I Question being taken, the motion was carried with Councillors MacDougall and /1. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to the June 6, 1986 agreement with vicmaur Limited to develop Sandalwood Crescent Subdivision, the developer has now completed further work from that for which the security amount was previously reduced to $70,000.00 and that work to be completed is estimated at $19,000.00; and recommending that, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Sandalwood Crescent Subdivision be reduced to $19,000.00 from the existing amount of $70,000.00 -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. The Mayor invited a representative of the Red Head delegation to address Council at this time. I Mr. Edward Doyle of 69 Seaward Crescent addressed Council concerning the matter of topsoil piles on Thomas Construction's property in Red Head and, having commented on this Company's unsuccessful attempts in August and December 1985 to have the subject property re-zoned and the removal from and stockpiling of topsoil by the Company in the interim period of time, suggested that for approximately two years the operations, including a woodlot operation, on the subject residentially-zoned property have been illegal. Mr. Doyle expressed the understanding that, although a portion of the subject property is zoned rural, a permit would have to be obtained to remove wood, gravel or topsoil from the site and no such permits were obtained and alluded to specific instances wherein Thomas Construction's actions were contrary to both City by-laws and provincial legislation, all of which were reported to those concerned with no action taken in any case on behalf of the approximate 250 residents of the subject area. Mr. Doyle also commented on the Planning Advisory Committee's denial in October 1986 of Thomas Construction's application for a temporary permit to remove the stockpiled topsoil from the site and to his delegation's September 9, 1987 appearance before the Planning Advisory Committee in this regard, and also referred to a letter dated August 12, 1987 from the Deputy City Manager to the Director of Community Planning and to a letter dated August 24, 1987 to area residents from the Planning Department advising of the September 9, 1987 Planning Advisory Committee meeting at which time the matter of Thomas Construction's property was to be discussed. Mr. Doyle advised that the area residents take exception to the indication in the Deputy City Manager's letter that the Planning Advisory Committee was being requested by Council to grant this permission, because the Committee has the authority to allow this unsafe condition to be remedied by the owner, to permit Thomas Construction to remove the topsoil and the fact that the residents were not aware that this matter was to be discussed in Committee of the Whole on August 4 and therefore had no input in same. Mr. Doyle also advised that the area residents take exception to an apparent bias created by Council's request to the Planning Advisory Committee as well as to the fact that Councillor Davis is able to vote on the matter as a member of the Planning Advisory Committee and as a Councillor concluded that it would have been the area residents' recommendation that Thomas Construction should have been ordered by Council, through staff or the courts if necessary, to level the topsoil on site and not be permitted to remove it. . I~ .~, I During discussion Mr. Doyle expressed the understanding that the majority of the area residents considered the piles of topsoil to be dangerous and confirmed that it is their ultimate concern that the site will be turned into a gravel pit, and the Mayor confirmed that, having been advised by the Planning Advisory Committee that the topsoil mounds were . ...4 ".... 367 . dangerous and having doubts of such danger having seen photographs of the subject site, Council was advised by the Legal Department that Council must take action when advised of a dangerous situation and also confirmed that it was not the intention of Council to allow Thomas Construction to strip the topsoil but that it was the intent to have the company remove the mounds of topsoil. 1 Read a letter from the City Solicitor noting that the City requested and had, at the Spring Session of the New Brunswick Legislature, its Parking Commission Act amended to allow Council to become involved in residential parking permit regulation; suggesting that, because the legislation allows exemption to persons from the City's Traffic By-Law, it is appropriate that the residential parking policy be put into effect through an amendment to the Traffic By-Law; expressing the opinion that if the proposed $60.00 fee is changed at any time in the future it will be necessary for Council to amend the By-Law accordingly; and submitting for Council's consideration. an appropriate amendment to the Traffic By-Law with regard to the residential parking permit regulation. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a first time. (Deputy Mayor Gould withdrew from the meeting.) Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". . Discussion ensued regarding the specific streets for which permits will be issued and it was noted that the proposed By-Law amendment makes no provision for small businesses in the area who may require on-street parking, and it was also noted that it is the parking Commission's intent to carry out the permit program on a trial basis. Question being taken, the motion was carried with Councillor MacDougall voting IInay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", be read a second time. I Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried with Councillor MacDougall voting "nayll. (Councillor Davis withdrew from the meeting and Deputy Mayor Gould re-entered the meeting.) . Consideration was given to a letter from the City Solicitor advising that, further to Common Council resolution of August 31, 1987 giving third reading to the Street Closing By-Law with regard to the unopened portion of Rodney Street, Mr. Harry C. Colwell, solicitor for Mr. R. Gordon Church, has requested a change in the subdivision of such closed portion so that the closed portion be subdivided to allow the most southerly 15 by 80 foot portion to be added to the property of Mr. J. R. Mortimer of 88 City Line and the remaining portion of the street so closed to be added to the property of 038397 N.B. Ltd., as successor to R. Gordon Church, and submitting a resolution which would give effect to Mr. Colwell's request should Common Council wish to do so. On motion of Councillor Knibb I , Seconded by Councillor Schermerhorn RESOLVED that Common Council resolution of May 4, 1987 be amended so that the closed portion of Rodney Street between City Line and Lancaster Street be subdivided to allow the most southerly 15' x 80' portion to be added to the property of J. R. Mortimer at 88 City Line and the remaining portion of the street so closed be added to the property of 038397 N.B. Ltd., the successor in title to R. Gordon Church; in all other aspects the resolution of May 4, 1987 remain the same. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting the final invoice in connection with legal services relating to the action involving Mr. Edward A. Shuve and the City of Saint John et aI, and recommending approval of payment. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the submitted final invoice of Lawson & Lawson, in the amount of $21,633.61, with regard to legal services relating to the action involving Edward A. Shuve and the City of Saint John et aI, subject to clarification that there is no duplication of charges for private investigation and reporting services. (Councillor Davis re-entered the meeting.) . Mr. Rodgers confirmed that the above account is the final invoice with regard to the dismissal of City employees and the Mayor, in view of Council queries respecting a possible duplication of amounts billed, asked that the above be adopted subject to the City Solicitor's review of this matter. .... 388 Question being taken~ the motion was carried with councillors Rogers and A. Vincent voting "nay". Consideration was given to third readings of a proposed Municipal plan amendment and re-zoning of property at 9 Somerset Street, first and second readings having been given on August 31, 1987. . Consideration was also given to a letter from the Planning Advisory Committee advising that its letter to Council on August 31, 1987 inadvertently omitted from the end of recommendation (2) (a) the words "and to the first floor of the building", and thereby the Section 39 condition which limits the commercial space to the first floor was not included and submitting the correct recommendation as adopted by the Committee. On motion of Councillor Knibb r Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development plan, a parcel of land at 9 Somerset Street, containing approximately 22,000 square feet and bounded by Somerset, Barker, Magazine and Webster Streets, from Low Density Residential to Medium Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 1 The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the by-law entitled, "By-Law Number C.P. 100-109 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 9 Somerset Street, containing approximately 22,000 square feet and bounded by Somerset, Barker, Magazine and Webster Streets, from "RM-l" Multiple Residential to "BR" Business Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) the development be limited to the proposal submitted and dated August 21, 1987, with the exception that the commercial area be limited to 500 square meters (5,382 square feet) and to the first floor of the building, (b) the applicant prepare detailed plans which would be approved by the Director of Planning prior to any development which would indicate among other things the proposed site grading, the proposed on-site drainage system, the proposed building location and exterior elevations, the proposed paved parking areas and concrete curbing, and the landscape materials proposed for those areas not occupied by a building or parking area. 1 The by-law entitled, "By-Law Number C.P. 100-109 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. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-110 A Law To Amend The Zoning By-Law Of The city Of Saint John", insofar as it concerns re-zoning the property at 314 Greenhead Road, 5-39 Dalila Court (L.R.I.S. Numbers 407726 and 407965) and L.R.I.S. Number 418483, comprising property owned by Nautilus Construction & Rentals Ltd., J. D. Irving Ltd. and George Totton, from "R-IB" One-Family Residential to "R-2" One- and Two-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I) i( ..;::. The by-law entitled, "By-Law Number C.P. 100-110 A Law To Amend The zoning By-Law Of The City Of Saint John", was read in its entirety. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of the following highway:- , ' . I ~ ".... 389 KING WILLIAM ROAD (Service Road): All that certain lot, piece and parcel of land situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick being part of the SERVICE ROAD, (PUBLIC STREET) Area - 97,625 square feet (9069.7 M2) 2.24 acres shown on a Subdivision Plan entitled Spruce Lake Industrial Park Subdivision Lot 79-1 ParcelS prepared by Murdoch-Lingley Limited certified correct by Carl A. Laubman, N.B. Land Surveyor dated April 18, 1979; assented to by Common Council on April 30, 1979, approved by Development Officer on May 18, 1979, approved by Director of Surveys on May 23, 1979 and filed in the Saint John County Registry Office on May 23, 1979 as #886 and more particularly described as follows: . 'I Beginning at the northwest corner of Lot 79-1, thence west along the westerly prolongation of the northern sideline of Lot 79-1 a distance of 100 feet to the westerly boundary of the Service Road, thence north along the westerly sideline of the Service Road to its northerly limit, thence northeastwardly along the northern limit of the said Road to its eastern sideline, thence southwardly along the eastern sideline of the Service Road to the place of beginning - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. 1 Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Midland Transport Limited have been completed and that the required waiting period for objections expired on September 3, 1987, with no written objections having been received. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of Midland Transport Limited for a Municipal Plan amendment and re-zoning of property at 485 McAllister Drive, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on October 26, 1987. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Vince MacLennan Auto Salvage Ltd. have been completed and that the required waiting period for objections expired on September 3, 1987, with no written objections having been received. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Vince MacLennan Auto Salvage Ltd. for a Municipal Plan amendment and re-zoning of property at 587 Grandview Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on October 26, 1987. (Councillor M.. Vincent re-entered the meeting.) Question being taken, the motion was carried. . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Elmer Soucy have been completed and that the required waiting period for objections expired on September 3, 1987, with written objections having been received from Mrs. Janice Ross, Gary Ross, Carol Steeves, Ronald Steeves, Bernard McNamara, Rose McNamara, James Case and Patricia A. Case, and concluding that Council, if it so wishes, may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning of the property at 941-951 Golden Grove Road and the eventual public hearing and request the views of the Planning Advisory Committee. I Councillor Schermerhorn asked if the City is pursuing legal action against the above applicant to which the Mayor replied in the affirmative. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Mr. Elmer Soucy for a Municipal Plan amendment and re-zoning of property at 941-951 Golden Grove Road be received and filed and no action be taken. I Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of The Disher Steen Partnership have been completed and that the required waiting period for written objections expired on September 3, 1987, with no written objections having been received. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the application of The Disher Steen Partnership for a Municipal Plan amendment and re-zoning of property at 74 Carmarthen Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to e held on October 26, 1987. .... 39U Question being taken', the motion was carried. Read report of the Committee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, September 8, 1987 when there were present Mayor wayne and councillors Davis, Gould, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- It 1. That the letter from the city Manager regarding the sale of land on the corner of Parkhill Drive and Golden Grove Road to Mr. Zakir Siddiqui, as authorized by Common Council on June 9th, 1986, with the closing date extended by Common Council on September 2nd, 1986 pending presentation of the report to Council on the Flood Risk Area; advising that the report on the Flood Risk Area has now been received by Council and it has been resolved that all residential development in the flood plain be prohibited until more flood control procedures are in effect and Mr. Siddiqui is therefore seeking a return of his deposit and compensation for money he has spent; and recommending that the resolutions adopted by Common Council on June 9, 1986 and September 2, 1986 concerning sale of the said land to Mr. Siddiqui be rescinded, and that a payment be made to him of $544..97, made up as follows: deposit on land $250.45; lawyers fee $261.96; and interest on deposit $32.56 -- be received and filed and the recommendation adopted. I 2. That as recommended by the City Manager, authority be granted for the necessary advertising for the closing of the 33 foot Reserved Street running southward from the western end of Ridge Row a distance of approximately 300 feet, on the understanding that the closing will be handled in the normal fashion and any agreement to sell neither explicitly nor implicitly obligates the City to complete the road closure; that upon the successful closure of the street (1) the most northerly portion adjoining the property of Dianne M. Garland be transferred to her for a price of $1,000.00 plus one-half of the costs involved with the closing and sale of the land; (2) the southerly portion adjoining the property of Donald and Brenda Taylor be transferred to them for a price of $500.00 plus one-half of the costs involved with the closing and sale of the road; and (3) that a clause be included in the deeds reserving a right-of-way for the movement of farm equipment from the Flewelling farm to Ridge Row, this right-of-way to apply only to John Flewelling or his designate and to cease if the farm is sold. . 3. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute on behalf of the City of Saint John, in consideration of the sum of $1.00, a grant of license in favour of Brian Smith to permit the encroachment on the service easement of the building at 14 Eastland Court, such license to terminate with the destruction or removal of the building. 1 4. That as recommended by the City Manager, Mr. Kevin Thibodeau be advised the land at 73 St. James Street West is not available for sale at the present time. 5. That as recommended by the City Manager, Mr. Leroy Hatfield be advised the City is not interested in the acquisition of his land in the Glen Falls area at the present time. 6. That as recommended by the city Manager, Common Council commit its support to the installation of a mini-museum at 24 Sydney Street, which property was originally Fire Station #2: . AND FURTHER that upon receipt in writing from the Saint John Firefighters' Association, Local 771 I.A.F.F. that a mini-museum fulfills their requirements (a) Common Council request the Province to include provisions for the mini-museum in their call for proposals for the new justice complex; and (b) Local 771 clarify with the Province the design specification of the mini-museum. 7. That as recommended by the City Manager, approval be granted to proceed with purchases of merchandise for the World Chess Festival under the following conditions: (1) the method of purchasing to be used will be negotiated with local suppliers and where it is deemed to be in the City's best interest, with manufacturers; (2) that all negotiations be carried out under the direction of the City's Purchasing Department, by a member of the purchasing Department and a representative of Colt Sports; and (3) that following the World Chess Festival and disposal of all material, a report will be prepared by the Purchasing Department providing a record of all purchases made for the outlet to be operated by Colt Sports as merchandising managers. I .:.~-=.~~.< I 8. That approval be given for funding in the amount of $15,000.00 for the Lord Beaverbrook Rink, in addition to the funding provided in the 1987 capital budget to permit the engagement of a consulting engineer to complete a study on the heating system and to assist, if necessary, in the preparation of tenders; changes to the existing boiler and hot water tank; installation of air curtains in three entranceways to the ice surface; and minor roof repairs. . . ~ ".... 391 . September 14, 1987 (sgd.) Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. --I On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 adopted. Seconded by Councillor Knibb RESOLVED that section 3 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn . adopted. Seconded by Councillor Knibb RESOLVED that section 4 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Vaughan RESOLVED that section 5 of the above report be Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn 1 adopted. Seconded by Councillor Knibb RESOLVED that section 6 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Rogers RESOLVED that section 7 of the above report be Question being taken, the motion was carried. . On motion of Councillor Gould be adopted. Seconded by Councillor M. Vincent RESOLVED that section 8 of the above report Question being taken, the motion was carried. On motion of Councillor Schermerhorn I. Seconded by Councillor M. Vincent RESOLVED that the letter from the Preservation Review Board advising Council and Local 771 I.A.F.F. that the Board supports the installation of a mini-museum at Fire Station #2 and requesting Local 771 I.A.F.F. to provide specifications on design criteria and funding so as to implement the concept -- be received and filed. Question being taken, the motion was carried. I Consideration was given to a letter from the Saint John Transit Commission advising that the Commission supports the concept of uniform legislation in all provinces and territories which would give priority to buses re-entering the traffic flow from a bus stop and requesting Council's approval for the submitted resolution and advise the New Brunswick Deputy Minister of Transportation of this approval. On motion of Councillor Schermerhorn . adopted, namely:- Seconded by Councillor MacDougall RESOLVED that the following resolution be .... 392 WHEREAS a recent study by the Roads and Transportation Association of Canada (RTAC) found that providing priority to buses re-entering the traffic flow after a bus stop would provide considerable benefits to transit vehicles in terms of operational efficiency and reduced accidents, with minor inconvenience for individual motorists; and . WHEREAS the said study recommended that uniform legislation, such as already exists in Quebec, be adopted across Canada; and WHEREAS the Board of Directors of the RTAC and of the Canadian Urban Transit Association (CUTA) have approved resolutions strongly encouraging the provincial adoption of such legislation; and l WHEREAS such legislation would encourage more operational efficiency and reduce the need for operating subsidies; and WHEREAS municipal councils are more and more financially constrained which affects their ability to provide operating subsidies for transit: BE IT RESOLVED that the Common Council of the city of Saint John recommends that the Province adopt legislation to provide priority to buses re-entering the traffic flow from a bus stop, and that such legislation be developed in conjunction with other provinces to provide uniformity across Canada. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the 1986 Annual Report of The Saint John Non-Profit Housing Inc. be received and filed with appreciation. . Question being taken, the motion was carried. On motion of Councillor M. vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from The Honourable Nancy Clark Teed, Minister of Health and Community Services, asking if Council has given consideration to her April 24, 1987 letter (copies of which were forwarded to Council members as an information .item on May 4, 1987) regarding police protection for children in the South End of the City, advising that she has been made aware that similar problems have started again in that older children are being abusive of younger children, and concluding that she is prepared to provide staff to work with the families of these children if that is required ~- be referred to the Chief of Police and Saint John Board of Police Commissioners. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Barry Ogden expressing appreciation for Council's enthusiastic response and support during his August 31, 1987 presentation concerning the Marco Polo sailing ship and advising that he will be in touch with Council when the next stage of the proposal is in place -- be received and filed with appreciation. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from area residents expressing objection and concern with regard to the relocation of playground equipment in Riverview Park -- be referred to the City Manager for investigation and a report to Council. Question being taken, the motion was carried. I :~~ On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Harold E. Wright, Co-Ordinator of the partridge Island Research Project, advising that visitor response was excellent to the third season of boat tours of Partridge Island and that the project is planning an expanded service for next s7aso~; noting that the provincial study into an island park has yet to be d1str1buted and made public, and submitting a list of names of persons who support the concept of an island park, such list bringing the total to 3,308 persons -- be received and filed with appreciation and pursued as suggested. " I' Question being taken, the motion was carried. . ~ ".... 393 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mr. Jack Wilson expressing concern about the odour from the Lancaster sewage lagoon -- be received and filed. During discussion Mr. Robichaud apprised Council of the status of the Lancaster sewage lagoon project and reference was made to a sewage problem at Mosquito Cove in the Dominion Park area. - , I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that staff pursue with the provincial Government the sewage problem at Dominion Park to ascertain the feasibility of dredging at Mosquito Cove. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of Tritor Development Ltd. for the re-zoning of property on the corner of Mark Drive and Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on December 7, 1987. Question being taken, the motion was carried. . Councillor MacDougall suggested that, in view of the concern expressed earlier in the meeting on behalf of the Red Head delegation to the effect that there should be no gravel pit on the Thomas Construction property in the area, Council should adopt a motion indicating that it also is not in favour of a gravel pit to allay the residents' concern. On motion of Councillor MacDougall Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John reaffirm that there will not be a gravel pit on the Thomas Construction property in Red Head. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yhu~ if Yh///Y7r4 mmon Clerk . I ~ I . ll... .., 394 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of September, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; J. Nugent, SOlicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commis- sioner of Environment and Infrastructure Services; R. McDevitt, Fire Chief; D. Sherwood, Deputy Police Chief; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works Operations; D. O'Leary, Director of Economic Development; J. Levesque, Director of Communications and Public Relations; B. Sheridan, Assistant Director of Parks; J. Johnson, Building Inspector; Miss B. Knox, Executive Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. -I I Father William Phillips of St. Joseph's Roman Catholic Church, offered the opening prayer. Her Worship the Mayor proclaimed October 3, 1987 to be Ducks Unlimited Day in the City of Saint John, the purpose of Ducks Unlimited being to develop, preserve, restore and maintain waterfowl habitat on the North American continent and to raise funds to accomplish this purpose; and read a letter she received from Mr. Lino J. Celeste, President and Chief Executive Officer of NB Tel, offering to the City of Saint John, as an outright gift, NB Tel's parade float, the riverboat HERITAGE. The Mayor called for a motion to accept with appreciation the riverboat float and to request the City Manager and appropriate staff to find a suitable place for the float. . On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John accept from NB Tel, with appreciation, the gift of the riverboat HERITAGE float: I AND FURTHER that the City Manager be requested to find a suitable location for the float. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M.-Vincent RESOLVED that minutes of the meeting of Common Council, held on September 14, 1987, be approved. Question being taken, the motion was carried. . Councillor M. Vincent extended congratulations to Deputy Police Chief Charles Breen who was appointed by the Saint John Board of Police Commissioners to the position of Chief of Police for the City of Saint John, effective October 3, 1987. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the Common Council of the city of Saint John extend congratulations to Deputy Police Chief Charles Breen on his appointment to the position of Chief of Police for the City of Saint John. I Question being taken, the motion was carried. Her Worship the Mayor commended Police Chief Ronald Riley for his efforts in putting the administrative affairs of the Police Department in order. On motion of Councillor Rogers I. Seconded by Councillor M. Vincent RESOLVED that the COmmon Council of the City of Saint John extend congratulations to Police Chief Ronald Riley on his appointment to the position of Chairman of the New Brunswick Police Commission. Question being taken, the motion was carried. . .'.t~. ~...4 ,... 395 Mr. Rolf Spangenberg, Chairman of the Participaction Committee, presented the final report and financial statement of the Committee (copies of which were fo~w~rded t~ Council members prior to the meeting) and, in commenting on the number of part1c1pants 1n the City of Saint John in the Participaction Day Challenge on May 27, 1987 and the involve- ment of the City of Saint John with Fitness Canada in promoting this event across Canada and in the United States and Russia, noted that the Committee is in a surplus position of $605.00 for 1987 withft total surplus of $2,042.00 for 1986 and 1987. The Mayor made the observation that Saint John has been chosen as one of the cities through which the torch will be carried to the 1988 Canada Winter Olympics to be held in Calgary, Alberta commencing February 13 and Mr. Spangenberg advised that the torch will be carried through the City on November 28 and that discussion is being held with the Santa Claus parade Committee to determine if it is possible to hold the annual Santa Claus Parade on that date. . I Her Worship the Mayor welcomed to the Council Chamber Mr. Yasser Seirawan, the current United States Chess Champion, who addressed Council concerning his involvement in the 1988 World Chess Festival in Saint John. Her Worship the Mayor asked that the City Manager's report concerning a proposed easement at 145 Loch Lomond Road and the City Solicitor's report concerning expropriation of property at Fallsview Park be withdrawn from the agenda. If On motion of Councillor Gould withdrawn from the agenda. Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned items be Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honouarble Robert McCready, Minister of Transportation, advising that, under the 1987 program for improvements to Provincially-designated highways in municipalities, his Department is prepared to further assist the City of Saint John in the estimated amount of $125,000.00 for the reconstruction of Route No. Ill, Thorne Avenue from Rothesay Avenue to Kane's Corner -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the Korea Veterans Association requesting assistance with respect to its proposed visit to Saint John in August 1988 -- be referred to the Grants Advisory Board. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne regarding a problem with respect to the closing of a portion of Rothesay Avenue on Saturday, September 19, 1987 for which no notification to the public was made, nor were the stores and businesses in the area made aware of such closure; noting that the street closure was necessary in order for work to be carried out related to the new Atlantic Super Store and expressing the opinion that the public should be notified when it is necessary to close streets and, in particular, stores and businesses should receive prior warning of impending street closures, and recommending that this matter be referred to the City Manager for a report on (a) what the existing policy is, (b) is the policy deficient at present and (c) does the policy allow for proper notification as suggested above, etc. -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor MacDougall I .~ Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor MacDougall requesting that Common Council approve a resolution requesting the Federation of Canadian Municipalities to hold its 1995 Annual Conference in Saint John and that, in so doing, point out to the Federation that a review of the organization's history reveals that from 1937 Edmundston and Saint John, New Brunswick, have been the only two Cities in Atlantic Canada which have been continuous members and have not been honoured with the Presidency of the Federation and recommending that a bid be submitted for the 1995 FCM Annual Conference and that a copy of his observations concerning the presidency be forwarded with the bid to Mr. James W. Knight, Executive Director of the Federation of Canadian Municipalities -- be received and filed and the recommendation adopted. 1 The Mayor, in response to Councillor Rogers' observation that subsequent to the last FCM meeting she suggested that Saint John should submit a bid for the 1995 conference and is awaiting receipt of information in this regard, advised that, through the City Manager and Mr. Brown's Department, the FCM was contacted with regard to a bid submission and that no information has been received to date and suggested that the FCM should be made aware of this attempt. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by authority be granted for payment of the following invoices, namely:- Standard Paving Maritime Ltd. - supply of asphalt September 9-14, 1987 - supply of asphalt September 16-21, 1987 the City Manager, $23,353.17 $27,162.98 ~ 3~6 - Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 87-15, King Square South, be awarded to the,low tenderer Nautilus Construction & Rentals Ltd., at the tendered pr1ce of , . $133,521.40, and that the Mayor and Common Clerk be author1zed to execute the necessary documents. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 87-16, Thorne Avenue reconstruction, be awarded to the low tenderer, Manatec Ltd., at the tendered price of $296,070.00, and that the Mayor and Common Clerk be authorized to execute the necessary documents. On motion of Councillor Schermerhorn I Question being taken, the motion was carried. Seconded by Councillor M. Vincent RESOLVED that as the City Manager, the tender of Fairville Department Store, $69.90 per pair, be accepted for supplying safety boots for 18 outside workers. recommended by in the amount of C.U.P.E. Local Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of The University of New Brunswick - Fredericton/Saint John, in the amount of $35,626.00, for the upgrading of lighting at the Canada Games Stadium at the Saint John campus, the final cost of such work being $65,626.00 with Soccer New Brunswick and the University of New Brunswick having contributed $30,000.00 each to such cost. Question being taken, the motion was carried. Notice had been given to Michael M. Drouillard, Owner, to appear at this meeting to show cause, if any, why the building located at civic number 71 St. James Street (L.R.I.S. Number 2808) in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that this three-storey masonry and woodframe building is in a dilapidated condition, is open to the public at the present time and constitutes a hazard to the public and recommended that Common Council adopt the submitted resolution and order the building to be demolished. I Mr. Michael M. Drouillard, Owner of the subject building, appeared before Council and requested that Council set this matter aside until a very awkward problem with the Police Department has been resolved. Mr. Drouillard advised that during the past year there have been problems with constant break-ins and that, each time an incident of this nature occurs, he re- secures the building and also advised that, up until last year, he had been working with the Building Inspector's Department by making repairs not only requested by the Department but repairs which were not requested, including repairs to loose brickwork. Mr. Drouillard re-iterated his request that this matter be set aside and concluded that he will continue to the best of his ability to maintain the security of the building until the vandalism problem is resolved. . Upon the Mayor's observation that the subject property was before Council under the 1925 Building Act in September 1980, Mr. Drouillard advised that he purchased the building approximately 5 years ago and resided therein until August 1987 at which time the building was literally demolished by vandalism, and commented on interior and exterior improvements made to the property, the latter having subsequently been destroyed by vandals in the area and that, having paid 2 years ago approximately $6,000.00 in back taxes which the previous owner had accumulated, in August 1987 he was finally in a position to start, having all the materials and equipment needed, working on the building, unfortunately, however, the vandalism occurred. During discussion Mr. Drouillard expressed the opinion that, although the property is deteriorating, it is not unsafe and advised his intent to submit a full report of the said vandalism incident to the Saint John Police Commission following the conclusion of labour negotiations and settlement of a Police contract; expressed his intent to, if Mr. Johnson's observation that the building is currently open to the public is correct, proceed directly from this meeting to the site to re-secure the building; confirmed his intent to renovate the property as soon as possible; expressed agreement that, to some extent, not residing in the building at the present time could invite vandalism and; advised that it will cost approximately $100,000.00 to restore the building; and Mr. Johnson concluded that the building masonry is clearly dangerous and is not in good condition, the building is open to the public periodically and in his opinion Mr. Drouillard's presentation gives no alternative way to protect the public. I ~ ~ I . ~ ~ ".... 397 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that notice having been given to Michael M. Drouillard being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 71 St. James Street (L.R.I.S. Number 2808) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings, the COmmon Council hereby deems and declares the said building located at 71 St. James Street in the said City to be dilapidated and dangerous: I AND BE IT FURTHER RESOLVED that the said owner Michael M. Drouillard is hereby required to remove or destroy the said building situate at civic number 71 St. James Street in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: I AND BE IT FURTHER RESOLVED that upon failure of the said owner, Michael M. Drouillard to remove or destroy the said building situate at 71 St. James Street in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said owner, Michael M. Drouillard. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". Mr. Alden MacKnight, President of MacKnight Motors Ltd., appeared before Council and requested Council to postpone the forced removal of cars from his Rothesay Avenue business location (such matter to be considered later in the meeting) . . During discussion Mr. MacKnight expressed his intent to continue to work promptly and dilligently to remove the most unsightly cars from the Rothesay Avenue property which should result within the next month or two in a good deal of difference and substantial improvement in the appearance of the property. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the report from the City Manager commenting on the June 18, 1987 public meeting with respect to South End concerns and ecommending that such report be received and filed and staff continue to monitor the issues raised -- be received and filed and the recommendation adopted and that another eeting be arranged for the South End residents. I Discussion ensued during which time matters were broached regarding a street endor in the area of the Club 1880 during the early-morning hours and City by-laws and rovincial regulations respecting the licensing of same; the permitted hours of operation f the Club 1880; and it was suggested that another public meeting should be arranged, nd Council advised of the date at the next meeting, with the South End residents as a ollow-up to the June 18, 1987 public meeting and also that staff should submit a report o Council with regard to amending the Hawkers & Pedlars By-Law so that it will be more ffective in controlling roadside vendors. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, with regard to the letter from area residents concerning the location and movement f playground equipment in Riverview Park which was considered by Council on September 4, 1987, the relocation of the playground equipment was initiated by the need to improve he play equipment and install, for play safety, an appropriate sand base under existing quipment within the Park and, rather than remove the equipment, it was decided to relocate it within the Park in a more suitable area, more appropriate for child play and less exposed to public view; also advising that additional work is planned to upgrade Riverview Park with an improved floral display in 1988, and recommending that the concerned citizens e advised that the changes undertaken this year and the additional floral display planned for next year will further enhance this already-attractive Park -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried with the Mayor and Councillor aughan voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a urety bond in the amount of $26,000.00 be accepted from Galbraith Construction Ltd. to guarantee the rehabilitation of the gravel pit on property located at 3795 Loch Lomond Road (L.R.I.S. Number 329144) owned by William Springer. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City anager, a surety bond in the amount of $6,000.00 be accepted from Gulf Operators Ltd. to uarantee the rehabilitation of the gravel pit located at 990 Grandview Avenue. Question being taken, the motion was carried. .... 3~8 On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that as recommended by the city Manager, a surety bond in the amount of $15,000.00 be accepted fro~ Gulf Operators Ltd. for the guarantee of rehabilitation of the gravel p1t on the property located at 1975 Manawagonish Road (L.R.I.S. Number 403501) owned by J. D. Irving Ltd. The specific location of the above gravel pit was questioned in. . view of the possibility that excavation of same could lead to further deter1orat1on of the embankment adjacent to Fairville Boulevard and Deputy Mayor Gould proposed a motion to table the above matter for one week, which he subsequently withdrew upon confirmation that the above gravel pit is different from that with which there was a previous problem. . I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, a surety bond in the amount of $4,000.00 be accepted from Joseph Steele to guarantee rehabilitation of the gravel pit located at 879 Hillcrest Road. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, a surety bond in the amount of $12,000.00 be accepted from Joseph Steele"to guarantee rehabilitation of'the'gravel:pit~located'at 107 Green Lake Crescent. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, a surety bond in the amount of $13,000.00 be accepted from Fundy Bay Holdings Ltd. to guarantee rehabilitation of the gravel pit located at 460 Latimore Lake Road. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that the following procedure will be employed by staff for the removal of street obstructions, including cars, signs, poles, fences or other obstructions which may affect the public or the City's employees: (1) all miscellaneous complaints of street obstruction shall continue to be referred to the Works Department, i.e. debris; (2) if a complaint involves the removal of private property, such as a car, fence, sign, etc., the complaint will be forwarded to the Building & Technical Services Department and subsequent activity shall be administered by this Department; (3) the obstruction that has been removed shall be disposed of as follows: (i) if in poor condition or of little or no value, it shall be destroyed, (ii) if in reasonable condition, it shall be held in storage for 2 months and (iii) upon the expiry of the two months, the obstruction shall be placed in the Ci ty' s auction of::surplus; (4) the owner may only reacquire his/her property upon payment of all of the City's costs associated with removing the obstruction which will include all administrative costs plus any specific costs incurred by the Works Department and, if the obstruction has been auctioned, the owner may claim the difference between the value received and the City's costs; (5) the removal of obstructions in the event of emergency situations shall be handled directly by the Director of the Works Department upon approval of the Assistant City Manager ~ Municipal Operations and (6) the Director of the Works Department shall keep records of all obstructions. removed to enable costs to be recovered by the Legal Department -- be received and filed. . I r~ Question being taken, the motion was carried. Read a letter from the City Manager recommending that Council adopt the submitted resolution, which was prepared by the Legal Department, empowering the Building Inspector and such other employees as may be required to enter on the properties at 551, 565 and 567 Rothesay Avenue and eliminate the unsightly condition in the event that the owner does not comply with the notice and further empowering the Legal Department to commence legal action to recover any expenses that the City might incur as a result of remedying the situation, and advising that the estimated cost of cleanup is $8,000.00 to be recoverable either as a result of a public auction or by the Legal Department in an application to the Court of Queens Bench. I On motion of Councillor Schermerhorn be adopted, namely:- RESOLVED that the following resolution . Seconded by Councillor Vaughan ~ ".... 399 . I I . I . I I . .... "WHEREAS the properties at 551 Rothesay Avenue and 565 Rothesay Avenue and 567 Rothesay Avenue (L.R.I.S. Numbers 304576 and 304584 and 306118) in the city of Saint John, New Brunswick, are in unsightly condition because of the following items being upon the properties: automobile bodies and automobile parts and junk; AND WHEREAS MacKnight Motors Ltd. is the person shown by the records in the Saint John County Registry Office to be the registered owner of the aforesaid properties: BE IT RESOLVED that MacKnight Motors Ltd. is hereby required to remedy the unsightly condition by removing the automobile bodies and automobile parts and junk from the properties within 20 days after a Notice by the Building Inspector of the City of Saint John is served upon MacKnight Motors Ltd.: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve notice on MacKnight Motors Ltd. requiring it to remedy the unsightly condition by removing the automobile bodies and automobile parts and junk from the properties within 20 days after service of the Notice: BE IT FURTHER RESOLVED that the Building Inspector and such City of Saint John employees as he may require are hereby authorized to enter upon the properties to remedy the unsightly condition by removing the automobile bodies and automobile parts and junk in the event that MacKnight Motors Ltd. does not comply with the Notice referred to herein: BE IT FURTHER RESOLVED that the Building Inspector is-authorized to cause anything he removed from the property to be sold at public auction, such auction to be held not earlier than 30 days after the removal with the proceeds of such sale to be applied first to the payment of any cost incurred by the City in the removal and sale and the balance, if any, then to be paid to MacKnight Motors Ltd., with notice of sale to be given to MacKnight Motors Ltd. at least ten days before the sale and may be served in any of the ways provided for in the New Brunswick Rules of Court or by posting a copy of the notice on anyone of the properties: BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a legal action to recover any costs the City incurs in remedying the unsightly condition in the event that MacKnight Motors Ltd. does not comply with the Notice referred to herein and any cost the City may incur in conducting a sale at public auction of the items removed. Question being taken, the motion was carried. Read a letter from the City Manager recommending that Council adopt the submitted resolution which was prepared by the Legal Department regarding the unsightly premises at 9 Rockwood Avenue, such resolution empowering the Building Inspector and such other employees as may be required to enter on the property at 9 Rockwood Avenue and eliminate the unsightly condition in the event the owner does not comply with the notice and empowering the Legal Department to commence legal action to recover any expenses that the City might incur as the result of remedying the situation and advising that the estimated cost of cleanup is $1,000.00 which should be recoverable by the Legal Department or as a result of a public auction.". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS the property at 9 Rockwood Avenue (L.R.I.S. Number 306167) in the City of Saint John, New Brunswick, is in an unsightly condition because of the following items being upon the property: automobile bodies and automobile parts, and junk; AND WHEREAS Alden W. MacKnight and Marjorie Elaine MacKnight are the persons shown by the records of the Saint John County Registry Office to be the registered owners of the aforesaid property: BE IT RESOLVED that Alden W. MacKnight and Marjorie Elaine MacKnight are hereby required to remedy the unsightly condition by removing the automobile bodies and automobile parts and junk from the property within 20 days after a Notice by the Building Inspector of the City of Saint John is served upon them: BE IT FURTHER RESOLVED that the Building Inspector of the City of Saint John is hereby appointed to serve notice on Alden W. MacKnight and Marjorie Elaine MacKnight requiring them to remedy the unsightly condition by removing the automobile bodies and automobile parts and junk from the property within 20 days after service of the Notice: BE IT FURTHER RESOLVED that the Building Inspector and such other City of Saint John employees as he may require are hereby authorized to enter upon the property to remedy the unsightly condition by removing the automobile bodies and automobile parts and junk in the event that Alden W. MacKnight and Marjorie Elaine MacKnight do not comply with the Notice referred to herein: BE IT FURTHER RESOLVED that the Building Inspector is authorized to cause anything he removed from the property to be sold at public auction, such auction not to be held earlier than 30 days after the removal with the proceeds of such sale to be applied first to the payment of any costs incurred by the City in the removal and sale and the balance, if any, then to be paid to Alden W. MacKnight and Marjorie Elaine MacKnight, with notice of sale to be given to them at least ten days before the sale and may be served in any of the ways provided for in the New Brunswick Rules of Court or by posting a copy of the notice on the property: BE IT FURTHER RESOLVED that the Legal Department of the City of Saint John is hereby authorized to commence a legal action to recover any costs the City incurs in remedying the unsightly condition in the event that Alden W. MacKnight and Marjorie Elaine MacKnight do not comply with the Notice referred to herein and any costs the City may incur in conducting a sale at public auction of the items removed.". Question being taken, the motion was carried. 4JO consideration was given to a letter from the City Manager recommending that the application of Millidge Gardens Inc., for the re- zoning of property at 445 Boars Head Road be tabled until the Millidgeville Secondary Plan is received by Council. . Consideration was also given to the above-mentioned application of Millidge Gardens Inc. to re-zone lot 74.2 Boars Head Road. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the city Manager, the application of Millidge Gardens Inc. for the re-zoning of lot 74.2 Boars Head Road be laid on the table pending receipt of the Millidgeville Secondary Plan. I Mr. Bedford advised that staff hopes to be in a position to submit the Millidgeville Secondary plan to Council for consideration in November 1987. Question being taken, the tabling motion was carried. Read a letter from the City Solicitor advising that, as a pre- liminary step to expropriation of lands owned by ICURYY Corp. on the southern side of Loch Lomond, which was authorized by Common Council resolution of September 14, 1987, it is necessary to obtain a survey of the lands to be expropriated, and recommending adoption of the submitted resolution in this regard. I On motion of councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that The City of Saint John by its agents and/or servants enter upon the lands identified by the L.R.I.S. Number 351403 to ascertain its suitability for the purposes for which the expropriation is required and make such surveys as are necessary pursuant to Section 5(1) of the Expropriation Act, Chapter E-14, R.S.N.B. 1973 and amendments thereto. . The Mayor advised that, with respect to her letter in May 1987 to The Honourable Robert Jackson, Minister of Municipal Affairs and Environment, regarding the designation of the watershed area as well as requesting financial assistance of $20,000.00 in order to formulate a comprehensive designation package for enactment by the Province in accordance with water quality regulations in whiCh the City would cost share, The Honourable Mr. Jackson confirmed by letter on May 27, 1987 that he would be pleased to assist in carrying out such a study and, with respect to her letter to him in September 1987 requesting the designation of the areas around the watershed, a letter of September 17, 1987 from the Minister advises that he has requested his Director of Planning to proceed as quickly as possible to implement a basic planning statement for the area surrounding Loch Lomond Lake which will provide some protection until a full-scale study is completed for the area. I (Councillors Schermerhorn and M. Vincent withdrew from the meeting during the foregoing discussion. Question being taken, the motion was carried. Read a letter from the City Solicitor recommending adoption of the submitted resolution if Council wishes to proceed with expropriation of property on Westmorland Road, which was authorized by Common Council resolution of May 11, 1987. . On motion of Councillor Knibb be adopted, namely:- Seconded by Councillor Vaughan RESOLVED that the following resolution "WHEREAS Common Council, by resolution dated May 11, 1987, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; I c--./ AND WHEREAS a Notice of Intention to Expropriate the herinafter described lands and premises was filed with the Expropriations Advisory Officer on August 13, 1987; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; r- I AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John: . .~ II"""' 4Jl AND FURTHER WHEREAS these presents authorized the "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropr~at~on Act, C~apter E-14, of the Revised Statues of New Brunswick 1973, allo~s an expropr1at1ng author1ty to take physical possession of expropriated lands and prem1ses and occupat1on as an owner no. . sooner than ninety (90) days after the date of registration of the Notice of Exproprlat1on unless an earlier date is agreed to by the occupying owner; Common Council has by resolution immediately preceding expropriation of lands and premises described in Schedule . I AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are now occupied by the owners: NOW THEREFORE BE IT RESOLVED that Common Council does here~y ~uthorize ~he taking of physical possession by the City of Saint John, the expropr1at1n~ author1ty, of the lands and premises described in Schedule "A" a~tached hereto.on.the n1nety-flrs~ (91) day after the date of registration of th~ Not~ce of Ex~roprlat1on or,such ear11er date as may be agreed to with owners and servlng w1th a Not1ce of Possess1on upon each owner in occupation of the lands and premises.". During discussion Mr. Armstrong noted that the above property is required for the widening of Westmorland Road. (Councillors Schermerhorn and M. Vincent re-entered the meeting during the foregoing discussion.) I Question being taken, the motion was carried. Read a letter from the City Solicitor recommending adoption of the submitted resolution if Council wishes to proceed with expropriation of property on Westmorland Road, which was authorized by Common Council resolution of May 11, 1987. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn adopted, namely:- RESOLVED that the following resolution be "WHEREAS Common Council, by resolution dated May 11, 1987, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; I, , . AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriatons Advisory Officer on August 13, 1987; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John: AND FURTHER WHEREAS Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "A" attached hereto; . AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E-14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner no sooner than ninety (90) days after the date of registration of the Notice of Expropriation unless an earlier date is agreed to by the occupying owner; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are now occupied by the owners: I NOW THEREFORE BE IT RESOLVED that Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the ninety-first (91) day after the date of registration of the Notice of Expropriation or such earlier date as may be agreed to with owners and serving with a Notice of Possession upon each owner in occupation of the lands and premises.". Question being taken, the motion was carried. I . Consideration was given to a letter from the City Solicitor suggesting that, from an examination of minutes of the September 14, 1987 Common Council meeting, it appears that Council adopted the motion to receive and file and take no action with respect to a proposed Municipal Plan amendment arising out of an application by Elmer Soucy not because of establishing a planning policy but instead because Mr. Soucy is presently before the Courts through an action initiated by the City regarding a zoning violation in connection with the property and which Mr. Soucy has asked to be re-zoned; informing Council that, because Council is dealing with the application and has not rejected the application from a planning point of view, the Court hearing has been adjourned to await the outcome of the matter through the legislative process of Council, and concluding that it is in order for Council to deal with the item as it appeared on the September 14, 1987 agenda by referring it to the Planning Advisory Committee and authorizing advertising. .... .., 4J2 On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Mr. Elmer Soucy for a Municipal Plan amendment and re-zoning of propert~ at 941-951 Golden Grove Road be denied on the basis of the staff report wh1ch considers the past history of this property and planning in the area. . Question being taken, the motion was carried. Consideration was given to a third reading of a proposed Traffic By-Law amendment with regard to a residential parking permit program, first and second readings having been given on September 14, 1987. Consideration was also given to a letter from the Saint John Parking Commission requesting Council to ensure that Cliff Street is added to Schedule "0" when the proposed By-Law amendment is given third reading. I Consideration was also given to a letter from Judith Meinert, Vice President of Lower Cove Housing Co-Op, asking the rationale behind the exclusion of the Co-Op's area of lower Prince William and St. James Streets from the residential parking permit program and asking why the whole South End is not accommodated under this plan. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb . RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to a residential parking permit program including Cliff Street on Schedule "0", be read a third time and enacted and the Corporate Common Seal be affixed thereto. . Mr. Dwight Allaby, Chairman of the Saint John Parking Commission, was present in the Council Chamber and explained that streets chosen for the residential parking permit program are ones which presently_are restrilicted tCLone:::'oand two-hour parking restrictions with the purpose of the By-Law amendment being to exempt permit holders from such restrictions and that certain streets cannot be included in the amendment on the basis that they do not presently have parking restrictions on them, such as King Street East, and to include such streets in the residential parking permit program would mean that a parking restriction would first have to be placed thereon following which they could be included in the By-Law by amendment and parking permits could be issued. During discussion it was suggested that this matter should be included on the agenda for the forthcoming meeting of South End residents and the placement of the parking permit on vehicles was broached. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety. I ( , Question being taken, the motion was carried. On motion of Councillor Schermerhorn , Seconded by Councillor Flewwelling RESOLVED that the correspondence regarding the residential parking permit program be received and filed. The Mayor asked Mr. Allaby to reply to Ms. Meinhert's letter. . Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk noting that on August 31, 1987, Council authorized the necessary advertising for an amendment to the Municipal Plan and re-zoning of property at 247 Bayside Drive and 20-26 Mount Pleasant Avenue as requsted by Petro-Canada Ltd., with the public hearing scheduled for Tuesday, October 13, 1987, and concluding that, should Council decide not to meet the week of October 12, a resolution to reschedule the said public hearing to Monday, October 26, 1987 should be adopted. I ,-:...> On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the public hearing for the application of Petro-Canada Ltd. for a Municipal Plan amendment and re- zoning of property at 247 Bayside Drive and 20-26 Mount Pleasant Avenue be rescheduled to October 26, 1987. ~ Question being taken, the motion was carried. I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . ...4 ".... 403 Your Committee begs leave to report that it sat on September 21, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- . I 1. That as recommended by the City Manager, (1) Mediacom Inc. be advised that the City is not prepared to lease land at the site of the former abattoir for location of poster panels and (2) Mediacom Inc. be instructed to remove the panels presently located at the abattoir site by October 31, 1987. 2. That as recommended by the City Manager, the Mayor and Common Clerk on behalf of the City of Saint John in consideration of the sum of $1.00 execute a grant of easement in favour of Patrick Roche to permit the encroachment on Watson Street of the improvements to the property at 2 Watson Street, such easement to be as shown on the submitted plan prepared by Murdoch-Lingley Limited and to terminate with the demolition or removal of the building. I 3. That as recommended by the City Manager, (1) the City agree to the sale of the lessor's interest in Parcel "A" Courtenay Place Development to the lessee, First Butterscotch Ripple Holdings Inc., for a price of $80,000.00, which sale is subject to the approval of Canada Mortgage and Housing Corporation and (2) the City accept the sum of $2,200.00 as full payment for the installation of municipal services as provided in Clause 3 of the lease. 4. That as recommended by the City Manager, Council approve the submitted Memorandum of Agreement, dated September 18, 1987, with C.U.P.E. Local 18, with respect to hours of work for City arena employees. 5. That as recommended by the City Manager, authority be granted to demand payment from Superslide Ltd. on October 1, 1987 of all monies owing on October 1, 1986. . 6. That as recommended by the City Manager, Council approve the principle of cost sharing with the other owners of the vacant lots in the serviced portion of the Grandview Subdivision the difference, if any, between the cost of completing the services and the proceeds of the sale of City lots, and further that no work commence until agreements are approved by Council with New Brunswick Housing Corporation and Coopers & Lybrand (as Receivers for lots formerly owned by The Rocca Group) relative to any losses which may be incurred by the City. 7. That the Arbour Day Committee membership be increased by two members and that Messrs. Walter Hoar and Mark Pottle be appointed to the said Committee. 8. the 1987 That as recommended by the City Manager, the position of Executive Assistant to Mayor be reclassified to Management Grade 2 and the appropriate change be made to the Establishment. I, 9. That Common Council, meet on a weekly basis in regular session on Mondays at 7:00 o'clock p.m., preceded by closed session at 4:00 o'clock p.m.: AND FURTHER that no Council meeting be held the week of October 12, 1987. 10. That the Province be requested to designate the Loch Lomond watershed area as a protected area and to prohibit development within 500 feet of the shoreline in order to ensure the quality of the City's water supply. September 28, 1987 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn . adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb I '---.-. be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report Question being taken, the motion was carried. On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Knibb RESOLVED that section 3 of the above report be Question being taken, the motion was carried. On motion of Councillor Gould be adopted. Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report Question being taken, the motion was carried. . On motion of Councillor Schermerhorn dopted. Seconded by Councillor Knibb RESOLVED that section 5 of the above report be .... .., J 4Ll4 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the . above report be adopted. Que.stion being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 7 of the I above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 8 of the I above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that section 10 of the above report be adopted. The possibility of proposed development in the watershed area between now and the time the Province may act on the above motion was questioned and Mr. Nugent explained that, in areas outside the. City limits over which the Province has jurisdiction, the process for approval and consideration of proposed development in the watershed area is one which involves the provincial Development Officer and the provincial Department of Health and Community Services and it will remain with such authorities to exercise whatever control they have to ensure that the only development permitted is that which does not pose potential hazard to the City's water supply and, beyond that, there are no other controls that a municipality can impose, and staff was requested to determine on September 29, 1987 what action is being taken by the Province in this regard. ,I , , Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land outlined on the submitted plan dated August 31, 1987, with regard to Westgate Park Subdivision, Phase 1, Stage 3, in the manner illustrated thereon and also assent to one or more plans of subdivision of the area outlined on the said plan and (2) Common Council authorize the preparation and execution of a City/Developer agreement to ensure the installation of required services pursuant to the Subdivision By-Law. . Question being taken,the motion was carried. On motion of Councillor Schermerhorn I r~ Seconded by Councillor M. vincent RESOLVED that the letter from the Grants Review Board advising that the allotment of funds for grants for 1987 is all but depleted and that it intends to make recommendations with respect to new procedures during the 1988 budget process and recommending that the following grants be approved, namely:- (1) Business and Professional Womans Club, October 2-4, 1987, Provincial meeting - $150.00, and (2) Canadian Amateur Swimming Association, National Annual General Meeting and Awards Banquet, October 1-4, 1987 - $450.00 -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick the Common Council of the City of Saint John does hereby appoint the following members of the Canadian Corps of Commissionaires as By-Law Enforcement Officers with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-Law, namely: Kenneth Richard Mortenson and David James Ellison: . ...4 ".... ~ 4J5' a 1 a ceases to be a member of the Canadian Corps of Commissionaries or until the appointment is rescinded by Common Council. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the status report from The Market Square Corporation advising that the tender for South Market Street has been awarded to Nautilus Construction, the low tenderer, in the amount of $333,186.05, with work scheduled to commence early in .October -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Environment Committee expressing the view that non-resuable beverage containers are a major source of pollution and recommending that Council approach the Province of New Brunswick to enact legislation to curtail the use of non-reusable beverage containers. I Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, that the above recommendation be adopted; however, the proposed motion was withdrawn with the consent of the mover and seconder during discussion when the suggestion was made that an approach should be first made to the Province to determine what is being done with respect to recycling, rather than to request the enactment of legislation at this time. On motion of Councillor Schermerhorn Seconded by Councillor Knibb . RESOLVED that the above matter be referred to the . City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn < RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A., requesting Council to exercise care in dealing with MacKnight Motors Ltd. and to do nothing that would endanger the jobs of this Company's employees -- be received and filed. Question being taken, the motion was carried. I , ' On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the memorandum from Provincial- Municipal Council Inc. submitting a response from the Minister of Tourism, Recreation & Heritage to a resolution of Common Council submitted to the October 3, 1986 meeting of the Cities of New Brunswick Association with respect to tourism, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Chairman of the Special Council Committee on Peace from the City of Vancouver, British Columbia, expressing its hope of establishing a working network of all municipalities involved in issues of peace and to encourage others to join; submitting documents describing the Committee's activities over the past 18 months, as well as short curriculum vitae of its current members, and asking Council's comments on this matter and to provide an account of its own peace activities -- be received and filed. Question being taken, the motion was carried. I '~ Consideration was given to a letter from Thistle-St. Andrews Curling Club requesting a grant of $500.00, along with four books, for the sixth annual Riverboat Classic curling bonspiel to be held October 22-25, 1987. A motion was proposed by Councillor M. Vincent and seconded by Councillor Vaughan that the above request be granted; however, such motion was withdrawn with the consent of the mover and seconder during discussion at which time it was noted that the Grants Advisory Board's budget is almost depleted, the suggestion was made that the Club should have submitted its request for a grant in time for consideration in the 1987 budget as it is an annual event and it was also suggested that this request should be referred to the Grants Advisory Board for consideration. I On motion of Councillor Knibb Seconded by Councillor Andrews Curling Classic Curling discussion with Club for a grant and Bonspiel be referred the Major Tournament M.. Vincent RESOLVED that the request of Thistle-St. books with regard to its Sixth Annual Riverboat to the Grants Advisory Board and, if necessary, Committee. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the application of Prince Edward Square Limited for an amendment to the May 8, 1972 Section 39 re-zoning of 20 .... 406 Prince Edward Street, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 9, 1987. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the final report and financial statement of the Participaction Committee, be received and filed and that the members of the Committee be thanked for their service to the City, and further that the Committee be allowed to retain the surplus for its 1988 activities. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the presentation of Mr. Alden MacKnight, President of MacKnight Motors Ltd., be received and filed. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . ~~n~ ,I, . I r '-.-> I . ~ ~ - 4JZ John, on At a meeting of the Common Council, held at the City Hall in the City of Saint Monday, the fifth day of October, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. McDevitt, Fire Chief; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Assistant Director of Parks; J. Levesque, Director of Communications and Public Relations; S. Galbraith, Director of Supply and Services; Ms. Y. Huntington-LeBlanc, Director of Saint John Visitor and Convention Bureau; Miss B. Knox, Executive Assistant to the Mayor; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on September 28, 1987, be approved. Councillor Flewwelling, referring to Council's discussion at the above meeting during approval of a surety bond with regard to the gravel pit at 1975 Manawagonish Road, questioned the propriety of the current operation of another gravel pit on Manawagonish Road to which Mr. Bedford replied that the Planning Advisory Committee will consider the issue of the former Slattery pit operation at its October 6 meeting following which, if approved, a recommendation on the amount of a bond will be submitted to Common Council. (Councillor A. Vincent entered the meeting during the foregoing discussion.) I , Question being taken, the motion was carried. Her Worship the Mayor proclaimed October 9, 1987 to be Poor Boy Day to assist Life Underwriters of New Brunswick Inc. raise funds for United Way; October 4 to 10, 1987 to be Fire Prevention Week; October 5 to 11, 1987 to be National Family Week; and October 18 to be Columbus Day in support of the Knights of Columbus, in the City of Saint John; and welcomed to the Council Chamber members of the 2nd Saint John Company of Girl Guides, who are working toward their citizenship badge, and briefly explained the Council meeting procedures. On motion of Councillor Schermerhorn . Seconded by Councillor FleWwelling RESOLVED that the letter from Mayor Wayne submitting a letter, operating plan and budget for 1987-1988 and a development plan for subsequent years from The Saint John Symphony, in which the Symphony requests the City to consider increasing its level of support to $6,000.00 for the 1987-88 season -- be referred to staff for consideration in the 1988 budget. Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor M. Vincent advising that the residents of Wildwood Street, Parkhill Drive and Gerard Street have expressed concern with regard to through traffic using these streets to travel from Westmorland Road to Golden Grove Road and recommending that this matter be referred to the City Manager and appropriate staff for study and necessary action -- be received and filed and the recommendation adopted with through traffic in the Champlain Heights area also to be investigated. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Limited - supply of asphalt September 23-29, 19'87 $59,408.98 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the submitted summary showing asphalt usage and cost to September 29, 1987, be received and filed. Question being taken, the motion was carried. ~ "1 4JB On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- . 1. Rothesay Avenue Office Complex - Phase II . Rocca Construction Ltd. Original estimated value of contract Total work done, Estimate Number 10 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 10, dated September 22, 1987 Partial holdback release $807,635.00 805,931.14 6,510.44 685,041.47 I $114,379.23 Mr. Robichaud confirmed that there is a minor problem with respect to window leakage and advised that the architect, Mott, Myles & Chatwin, is presently doing a detailed study of the situation and hopes to correct it in the near future; noted that there is adequate bonding in place for up to five years in this regard, and advised that he could provide details of the miscellaneous changes at the next meeting. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the chain link fencing 1987 contract be awarded to the low tenderer, Eastern Fence Limited, at the tendered price of $58,399.65, and that the Mayor and Common Clerk be authorized to execute the necessary documents. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the report from the City Manager regarding the Urban Forest Management Program, the principle mandate of which is to target and control Dutch Elm Disease; submitting lists of trees to be pruned for Dutch Elm Disease control, trees previously removed in 1987 and trees to be removed in 1987, the latter to advise Council of same previous to publication in the newspaper as suggested at Council's March 9, 1987 meeting -- be received and filed with appreciation. ,I During discussion Mr. Robichaud advised that, although there is no forest management program in place for the Loch ,Lomond Lake area of the City's watershed, it is his intent to have discussion with Forestry represent- atives of the University of New Brunswick to determine if they are interested in undertaking for the City the development of such a program to identify what should be done in the watershed over the next few years. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the 1987 Establishment for the City of Saint John be adopted. . Mr. Clark advised that the Police Department establishment will be submitted to Council for consideration by the Saint John Board of Police Commissioners and noted that the proposed 1987 establishment of 742 represents an increase of 7 staff over the 1986 establishment of 735; and Mr. Rodgers was requested to submit to Council an opinion with regard to the status of members of the Police Department in view of concern expressed with respect to the City paying pension contributions for Police staff members if they are employed by the Police Commission rather than by the City. Question being taken, the motion was carried with the Mayor and Councillor Schermerhorn voting "nay". I Read a letter from the City Solicitor recommending adoption of the submitted resolution if Council wishes to proceed with expropriation of property in the vicinity of Fallsview Park, which was authorized by Common Council resolution of February 2, 1987. -~ On motion of Councillor Schermerhorn I be adopted, namely:- Seconded by Councillor Knibb . RESOLVED that the follovt;Ll},g\ resolution "WHEREAS Common Council, by resolution dated February 2, 1987, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriations Advisory Officer on June 3, 1987; . ...4 ,... ~ 4J9 AND WHEREAS a Notice of Objection to the proposed expropriation dated July 7, 1987 was filed with the Expropriations Advisory Officer by Murray & Gregory Limited; . AND WHEREAS a Hearing was held by the Expropriations Advisory Officer on the 13th day of August, 1987; AND WHEREAS the Expropriations Advisory Officer has submitted his report and Common Council, after considering this report, wishes to confirm the Notice of Intention to Expropriate: I NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize payment of $200.00 pursuant to section 17(5) of the Expropriation Act and does hereby authorize the expropriation of the lands and premises described in Schedule "An attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John: AND FURTHER WHEREAS Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "An attached hereto; I AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E-14, of the Revised Statutes of New Brunswick 1~73, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner as therein provided; AND WHEREAS the lands and premises described as Parcel 2 in the resolution immediately preceding these presents is now occupied by Murray & Gregory Limited: . NOW THEREFORE BE IT RESOLVED that Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described as Parcel 2 in Schedule "A" attached hereto on the ninety-first (91) day after the date of registration of the Notice of Expropriation or such earlier date as may be agreed to with owners and serving with a Notice of Possession upon each owner in occupation of the lands and premises; AND WHEREAS the lands and premises described as Parcel 1 in the resolution immediately preceding these presents is not occupied by Murray & Gregory Limited: NOW THEREFORE BE IT RESOLVED that Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described as Parcel 1 in Schedule "A" attached hereto as of the date of registration of the Notice of Expropriation.". "nay" . Question being taken, the motion was carried with Councillor A. Vincent voting I, Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on September 28, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- '_:;)n~) . 1. L.R.I.S. easement That as recommended by the City Manager, the lot on Gilbert Street known Number 19992 be sold to Universal Sales Limited for a price of $3,000.00, be retained on the total lot to protect the existing 36-inch water line. as and an 2. That as recommended by the City Manager, the land lying west of Ashburn Road (L.R.I.S. Numbers 418087, 418079, 53082, 418194, 418186, 418061, 53066 and 52886) be sold by Quit Claim Deed to Brookbank Holdings Ltd. for a price of $2,900.00. I 3. to the Mr. D. That as recommended by the Nominating Committee, Mr. William vicars be appointed Recreation and Parks Advisory Board for a term to expire December 31, 1987, replacing Steeves who has resigned. 4. That as recommended by the Nominating Committee, Mr. Murray Zides be appointed to the Board of Commissioners of the Saint John Free Public Library for a term to expire December 31, 1987, replacing Mr. John Edward who has resigned. I 5. That as recommended by the Nominating Committee, Councillor A. Vincent, Jo Anne Claus and Peter Garner be appointed as the City's representatives to the Loyalist Day Observance Citizen's Committee, proposed by the New Brunswick Branch of the United Empire Loyalists' Association. October 5, 1987, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Davis RESOLVED that section 1 of the above report be . Question being taken, the motion was carried. .... 41U On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that section 2 of the above . report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. On motion of Councillor Knibb I Question being taken, the motion was carried. Seconded by Councillor M.. Vincent RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. Her Wo~ship the Mayor asked that the Nominating Committee recommendations, which were considered earlier this date in Committee of the Whole, be added to the agenda for consideration at this time. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned recommendations be added to the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn I RESOLVED that as recommended by the Nominating Committee, T. Patrick Scanlon, M. patricia Donihee and Arthur Flood be reappointed to the Board of Directors of Saint John Non- Profit Housing Inc. for a three-year term. The appointment of representatives of specific areas of the City in which housing development is underway, such as the South End where infill housing is being promoted, was questioned and the suggestion was made that, in such areas, a person could be appointed on an ad hoc basis only for the duration of such development. Question being taken, the motion was carried with Councillor MacDougall voting "nay". On motion of Councillor Rogers . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Nominating Committee, Mr. Rino Morin be appointed to the Saint John Harbour Bridge Authority for a term ~o expire December 31, 1988, replacing Mr. Grant Bigelow who has resigned. Question being taken, the motion was ,carried. -, .' I' On motion of Councillor Knibb .; - , , . ,-,.."' I " - ~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Nominating Committee, Mr. J~:::.Ha:t,old Stafford, Mr. Henry Meinhardt and Councillor Samuel Davis be appointed to the Board of Directors of The Market Square Corporation for a two-year term. Question being taken, the motion was carried. r- On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Robert C. Jackson, Minister of Municipal Affairs and Environment, advising that the City's Stimulation Grant has been increased by $30,000.00 to a total of $230,000.00 for 1987-88, such increase to be used for upgrading Golden Grove Road, be received and filed with appreciation. Question being taken, the motion was carried. . ...4 ".... 411 On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from Mr. George Brown, Alderman of Riverside Ward, City of Ottawa, Ontario, inviting Council to become an active member of Amnesty International and to join with him in forming an elected officials, or more simply, a politicians network in Amnesty International -- be received and filed and individual Council members participate if they so wish. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the petition from workers in the Kanes Corner area of the City requesting Council to consider amending the Noise By-Law to prohibit or severely limit the blowing of train whistles at the level crossing on Thorne Avenue; suggesting that the combination of flashing lights, control gates and bells appear to be very adequate for public safety, making the blowing of the train whistle unnecessary, and advising that normal business conversations are totally arrested as the whistle is extremely loud and at times very prolonged -- be referred to the City Manager for dialogue with CN officials, a review of the long-range plans with regard for grade separation at the Thorne Avenue Crossing and a report to Council at its next meeting. I , The motion which was initially proposed and subsequently withdrawn with the consent of the mover and seconder was that Council approve the above request in principle and refer the matter to the City Solicitor and appropriate staff for preparation of a Noise By-Law amendment for Council's consideration and the suggestion was made that staff should have dialogue with the railroad officials to determine if action can be taken to diminish the problem. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Normand Cote supporting the Brennan/Vautour developers in their proposal for property on Latimore Lake Road (such property having been the subject of an application for a Municipal Plan amendment and re-zoning which was tabled by Council at the public hearing on August 31, 1987), and the letter from Blake and Carol Palmer submitting a copy of a comprehensive geological report on the proposed Brennan and Vautour subdivision on Latimore Lake Road which indicates that further study and on-site testing is necessary before any decision is reached, and suggesting that the Department of Health and Community Services does not provide the necessary geotechnical information and merely digs a test hole with a backhoe and follows up with an accompanying letter which simply is not good enough with the current environmental problems -- be referred to the City Manager for consideration during preparation of the anticipated staff report in this matter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Valley Beverage Room Ltd. for a revision to its entertainment license to include exotic dancers, with respect to premises at 115 City Road, will be held on October 9, 1987, be referred to the city Manager for appropriate action to oppose the application. . Her Worship the Mayor asked staff to present a brief opposing the above application at the October 9, 1987 hearing. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Avenue Pub Inc. for a beverage room license, with respect to premises at 418 Rothesay Avenue, will be held on October 5, 1987, be received and filed. "nay" . Question being taken, the motion was carried with Councillor Flewwelling voting On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Mr. Terry Alderman regarding the fund of nearly $30,000.00 which was raised some ten years ago by a citizens committee through the co-operation of radio station CFBC for the purpose of studying the feasibility of a civic centre in Saint John, such study now being part of the City's records; submitting a cheque in the amount of $397.85, which is the amount remaining in such fund, to go toward the eventual building of this much-needed facility -- be received with appreciation and referred to the Commissioner of Finance. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that an item regarding the annual Poor Boy Luncheon and a brief on the Federal sales tax reform (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this time. Question being taken, the motion was carried. .... ,412 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that permission be granted to Life Underwriters of New Brunswick Inc. to erect a banner from October 6 to October 9, 1987 at the head of King Street promoting the annual Poor Boy Luncheon to be held on October 9. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a brief on the Federal Sales Tax Reform, as requested by Council on August 31, 1987, and recommending that a copy of this brief be forwarded to the Commons Standing Committee on Finance and Economic Affairs, the Senate Banking Committee and the Minister of Finance be received and filed and the recommendation adopted with copies also to be forwarded to the Federation of Canadian Municipalities, all municipalities in the province, the provincial Departments of Finance and Municipal Affairs, the local Members of the Legislative Assembly and Member of Parliament. I During discussion the Mayor asked Mr. Clark to prepare a letter to accompany the copies of the above brief indicating Council's concerns and, as well, to forward with the correspondence copies of the documentation from the Federation of Canadian Municipalities, the latter having been distributed to Council members earlier this date. ,I Question being taken, the motion was carried. The Mayor called for a motion to add the item respecting the Housing Through Infill Development Program (which was considered in Committee of the Whole earlier this date) to the agenda for consideration at this time. . On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the above-mentioned item be added to the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, (1) subject to conformance with all Program criteria, Common Council approve the following applications for funding through the Housing Through Infill Development Program (H.LD.):- (a) application H.LD.- 1 - Patrick J. Cunningham, 214 Watson Street - estimated grant of $8,130.00; (b) application H.I.D.-2 - Christopher Weaver, 105 St. John Street West - estimated grant of $7,050.00; (c) application H.I.D.-3 - Paul Smith, 181 Market Street West - estimated grant of $7,095.00; (d) application H.I.D.- 4 - Joseph P. Bernier, 122-134 Guilford Street - estimated grant of $24,075.00, and (2) the application of J. Alyre Richard for an H.I.D. Grant be rejected. I Question being taken, the motion was carried. On. motion: of 'Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be . adjourned. Question being taken, the motion was carried. lh44~ W ~~4 mmon Cler I ~ I . .L~ ~ ".... 4 1'3 John, on ,At a meeting of the Common Council, held at the City Hall in the City Monday, the nineteenth day of October, A.D. 1987, at 7:00 o'clock p.m. of Saint . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent and I , Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance, P. Groody, Commissioner of Human Resources; C. Breen, Chief of Police, R. McDevitt, Fire Chief; W. D. Todd, Director of Housing & Property Management, S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; J. Levesque, Director of Communications and Public Relations; W. Butler, Director of Water and Sewerage; Mrs. M. Munford, Common Clerk; and L. Linton, Secretary. I Father William Fitzgerald of St. Peter's Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on October 5, 1987 be approved. . Question being taken, the motion was carried. Her Worship the Mayor proclaimed the week of October 25-31, 1987 to be Small Business Week; and noted that the Saint John delegation just returned from a trade mission in Bangor with both small and large busine'sses represented. The Mayor read a poem written by Mr. Geoffrey C. Marston of Oshawa, Ontario entitled "A Hong Kong Diary" dedicated as a memorial tribute to the Hong Kong veterans of Canada, with the request that it be framed and displayed in City Hall. On motion of Councillor Flewwelling I Seconded by Councillor M. Vincent RESOLVED that the poem entitled "A Hong Kong Diary" written by Mr. Geoffrey C. Marston, dedicated to the Hong Kong veterans of Canada, be framed and displayed in City Hall. Question being taken, the motion was carried. Councillor Vaughan noted that forty-five business people attended the meetings in Bangor last week at their own expense and an extremely good working relationship has been established. Congratulations were extended to Councillor Samuel Davis who received an Honourary Doctorate of Law degree at the fall convocation of the University of New Brunswick in Saint John on October 16, 1987 to which Councillor Davis responded. . At a suggestion of Councillor Knibb, Mayor Wayne agreed to forward a con- gratulatory letter to Mr. Richard Currie, Vice-President of Weston Corporation and a former resident of Saint John, who received an honourary degree from the University of New Brunswick in Fredericton. Councillor M. Vincent referred to an item forwarded to Council as an information item with respect to a list of upcoming events being sponsored by the Economic Development Department and requested it be added to the agenda for consideration at this meeting. Her Worship the Mayor noted there is an item from Committee of the Whole with regard to the Conciliation Board Report regarding C.U.P.E. Local 61 to be added to the agenda as well. I On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 1 Councillor MacDougall referred to the Provincial election which took place October 13, 1987 and requested that Common Council extend its appreciation to Premier Hatfield for what he has done in the past seventeen years; congratulations to the Premier-elect and also to each of the M.L.A.'s, both those who were elected in Saint John and those who were not and in particular express Council's appreciation to the Honourable Nancy Clark Teed. On motion of Councillor MacDougall . Seconded by Councillor Knibb RESOLVED that the above-mentioned letters be forwarded on behalf of the members of Common Council. Her Worship the Mayor advised that many of the letters have already been sent from her office. .... 414 Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A,the Future Land Use Plan of the Municipal Development Plan, two parcels of land, the first located on 249 Bayside Drive (L.R.I.S. Number 347989), the second being an 18 ft. wide strip of land immediately to the north of the first parcel (L.R.I.S. Number 55023949), from Low Density Residential to District Centre Commercial classification, to bring the Municipal Plan into conformity with the existing "B-2" General Business zone, as requested by Petro-Canada Inc. Responding to a query from Councillor Schermerhorn, Mr. Bedford confirmed that the application from Petro-Canada Inc. for a Municipal Plan amendment and re-zoning of properties in the above area will be considered at a public hearing on October 26th, and that the above proposed Municipal Plan amendment is to correct an error in. the Plan, and will be the subject of a separate public hearing. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that on the recommendation of the Board of Police Commissioners the Conciliation Board report from the Minister of Labour dated, October 7, 1987, in the matter of a dispute between the City of Saint John and the Saint John Policemen's Protective Association, Local 61, C.U.P;E. is hereby rejected and the matter be referred back to the Board of Police Commissioners to make a counter proposal to C.U.P.E. Local 61. Councillor Gould advised that it is his understanding that Common Council is responsible for the Police budget and is the final step in the grievance procedure, however, unless Council is ready to abolish the Police Commission it has no other option but to support the Police Commission and for that reason he is going to support the recommendation of the Police Commission which is before Council tonight and expressed his hope that the newly-elected provincial government will clarify Section 40 of the Police Act. Councillor A. Vincent stated he will be voting against the proposed resolution because the Conciliation,.Board has submitted a unanimous report, and he requested a report for the next meeting as to the cost of legal fees for the case and how much has been paid. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Economic Development Department containing a list of upcoming events to be held over the next two weeks be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED the City Manager, authority be granted for payment of namely:- Standard Paving Maritime Limited - supply of asphalt that as recommended by the following invoice, Sept. 30-0ct 6, 1987 $53,521.11 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that City Manager, authority be granted for payment of the namely:- Standard Paving Maritime Limited - supply of asphalt as recommended by the following invoice, Oct 7-13, 1987 $36,350.46 Question being taken, the motion was taken. On motion of Councillor Schemerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Standard Machinery & Equipment Ltd. be accepted for supplying plough requirements for the 1987-88 winter season, as contained in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the Saint John Salvage Corps and Fire Police warrants of Thomas Howell and Herbert Boyd be cancelled and they be thanked for their service. Question being taken, the motion was carried. Her Worship the Mayor advised that the City Manager has requested the item regarding the building maintenance policy be withdrawn from the agenda. ..., . I I . I . I ""-c. I . ~ ".... 4 '15 On motion of CounCillor A.. vincent . Seconded by Councillor Gould RESOLVED that the above-mentioned item be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the City Solicitor advising that at the Council meeting of October 5, 1987 discussion took place with respect to the status of non-union members of the Police Department and their relationship to the City; advising that it is his opinion that the establishment of a Board of Police Commissioners and the consequent exercise by the Board of its powers under the Police Act, does not affect or in any way diminish the rights of all members of the police force including the non-union members so far as it pertains to the right of those members under the City of Saint John Pension Act -- be received and filed and copies forwarded to the City of Saint John Pension Board and the Board of Police Commissioners. I, Question being taken, the motion was carried. To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on October 5, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely,- . 1. That as recommended by the City Manager, the agreement of February 12, 1987 with Mach Ten Investments Limited concerning the redevelopment of the Ritchie building at 50 Princess Street be amended as follows:- (a) Clause lA(b) to be amended to indicate that the Developer shall complete the rehabilitation of the Canterbury and Princess Street levels of the building not later than the 1st day of September 1.988; 1 (b) Clause lA(c) to be amended to indicate that the Developer shall perform or cause to be performed the following items of work in, upon and to the property not later than September 1, 1988 in accordance with plans that are approved by the City: (i) the exterior walls of the building to be covered or repaired and treated to prevent moisture penetration in a manner acceptable to the Preservation Review Board and (ii) the replacement of all first-floor windows will be completed; and (c) Clause 3C to be amended to indicate that the Developer shall deliver to the City immediately upon the execution by the Developer of this amended agreement the Guarantee of the Developer that, should the rehabilitation work on the building herein,described be incomplete by the 1st day of September 1988, the City shall be paid by the Developer the sum of $4,000.00 by cash or certified cheque on the 1st day of October 1988 and further the sum of $4,000.00 on the same day of each and every succeeding year or part thereof until rehabilitation work required herein'is completed. . 2. That the letter from Mayor Wayne submitting a letter and brochure from Canada Trust Realtor offering the property at 1 Market Square for sale or lease, such property listed for sale at $975,000.00, be received and filed and Canada Trust Realtor be advised that the City is not interested in the said property at this time. October. 19, 1987, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the subdivision of the land outlined on the submitted plan dated June 1, 1987, with regard to the Somerville and Maber L ..., , 416 Subdivision, Phase 2, in the manner illustrated thereon and also assent to one or more plans of subdivision of the area outl.ined on the said plan and (2) Common Council authorize the preparation and execution of a City/Developer agreement to ensure provision of the required services. . During discussion, Mr. Butler outlined the septic tank service in the above area which is capable of servicing the existing homes plus those proposed in the above subdivision. Mr. Bedford stated that the land to be set aside for,public purposes is satisfactory and is not intended to be used as an active play area. Question being taken, the motion was carried. Seconded by Councillor Schermerhorn I On motion of Councillor Knibb RESOLVED that as recommended by the Grants Advisory Board a grant in the amount of $300.00 be approved for the Sixth Annual Riverboat Classic Curling Bonspiel to be held at Thistle-St. Andrews Curling Club. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Ernest Case, an employee of Municipal Operations, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from New Lease Inc. regarding the rent allowance for their premises at 55 Canterbury Street, requesting that the rent allowance assistance which has been received in the past be continued, be referred to the City Manager for consideration in the 1988 budget. Question being taken, the motion was carried. Her Worship the Mayor advised that she received a letter from the Hon. Benoit Bouchard, Minister of Employment and Immigration in reply to Council's letter requesting continued funding for the Saint John Learning Exchange, advising that funding has been denied beyond the end of the year, and she referred to an advertisement in the local newspaper appealing for assistance in this regard. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Charter of Rights and civil Liberties Association regarding the Report from the Parliamentary Committee on the Privacy Act and in particular the abuse of the use of the Social Insurance Number (S.I.N.), be received and filed. Prior to: the abovecmotion being proposed, a motion .had been moved" ' by Councillor Schermerhorn'and seconded by Councillor Gould, that the above matter ,be referred to the City Solicitor and the Board of Police Commissioners, however, following discussion, the proposed motion was withdrawn. It was noted that the Committee is recommending that all government departments be prohibited from use of the S.I.N. except for purposes authorized by law. . Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the letter from Mr. Douglas McMonagle regarding the problem of water drainage on Elgin Road be referred to the City Manager and staff for a report at the next meeting of Council. ,~ Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the application of Christopher and Susan Landry for the re-zoning of property on Old Black River Road and a request that the re-zoning fee be waived -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried; . j ~ 417. On motion of CouncillOr Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of Sophie Jiang for the re-zoning of property at 14 wildwood Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 23, 1987. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Nursing Education Committee advising that it has been established to promote a program whereby any person, and in particular working nurses, can acquire a Bachelor of Nursing degree through course attenaanceat U.N.B; Saint John in a minimum time and that while there has been an increasing level of interest in developing an active and positive programme at U.N.B.S.J., such development is not only slow but is hindered by the failure of the Nursing Faculty at Fredericton to recognize the needs in Saint John, and requesting Council to support their position by adopting the submitted resolution, be received and filed and the following resolution be adopted, namely:- I "WHEREAS a large number of nurses working in the Saint John area wish to take the courses required for a Bachelor of Nursing Degree; and WHEREAS present regulation, course offering and other arrangements at U.N.B. Saint John practically preclude many such persons from obtaining a degree while working; and . WHEREAS in other Atlantic Province universities a registered nurse may enroll in a Bachelor of Nursing program with more credits and attain a B.N. in less time than at U.N.B.: RESOLVED that the City of Saint John urge the University of New Brunswick to take such steps and make such changes as will facilitate and otherwise enable nurses working in the Saint John area to take courses required to enable them to earn a Bachelor of Nursing Degree at Saint John in an optimum time." I Councillor MacDougall urged the members of Common Council to support this request and dO everything possible and noted that Saint John had the first training school in the Atlantic Provinces, and that it is almost impossible for them to continue nursing if they do not get the degree. Councillor Schermerhorn suggested that the Council meet with the. new Vice-President of. the University and ,discuss some of its concerns. Councillor A. Vincent noted that if there is a spokesperson present who wishes to speak to this matter, he would be prepared to move a motion that they be heard and it was noted they have no further information than that contained in their letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Councillor Schermerhorn requested information on the former school building at the entrance to Rockwood Park and was advised by the City Manager that he will prepare a report for Council on the matter. . Question being taken, the motion was carried. ~41o~~f.+~ I I . ..... ~ 416 ,:At'a'?rneeting_of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of October, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; C. Robichaud, Assistant I' City Manager - Operations;J. Brown, Assistant City Manager - Develop- ment; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; B. Thompson, Deputy Police Chief; R. Johnston, Deputy Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; 'J. Levesque, Director of Communications and Public Relations; I W. Butler, Director of Water and Sewerage Services; P. Hanlon, Operations Engineer, Water and Sewerage; C. E. Nicolle, Director , of Recreation and Parks; Mrs. M. Munford, Common. Clerk; and C. Joyce, .Assistant Common Clerk. Reverend Walter Williams of St. James Anglican Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on October 19, 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor referred to a report from the Director of Water and Sewerage Serv{ces (copies of which were distributed to Council members earlier this date in Committee of the Whole) concerning the October 21 failure of a 24-inch diameter watermain on Rothesay Avenue leaving a large portion of the eastern section of the City without water, and expressed appreciation for the co-operation received from the private sector, City staff and members of Local Union No. 18, C.U.P.E., in resolving this situation. Mr. Butler explained the reason for the failure of the watermain and thanked several businesses for making basically zero demands on the water system which meant that water was left for fire protection, domestic and other small commercial users for an approximate 48-hour period until the morning of October 23 when the full transmission system was put back in service. The Mayor suggested that the City should prepare a submission for the Federation of Canadian Municipalities to assist in its attempts to get the Federal Government to recognize the need for an infrastructure program for unicipalities in Canada. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Common Council f the City of Saint John express appreciation to City staff and members of ocal Union No. 18, C.U.P.E., for their co-operation during the October 21 atermain failure on Rothesay Avenue. . Question being taken, the motion was carried. Her Worship the Mayor read proclamations proclaiming (a) October 7 to 31 to be Occupational Therapy Week, (b) October 30 to November 10 to e Poppy Week during which time citizens are urged to wear the memorial oppy of the Royal Canadian Legion, (c) October 21 to 31 to be Insurance eek and (d) the month of November to be Weight Watchers Poundathon Month or Diabetes and recognized in the Council Chamber the Diabetes Poster hild. The Mayor welcomed to the Council Chamber students of an employment nd training course at New Brunswick Community College - Saint John Campus. I ~ The Common Clerk advised that the necessary advertising was completed ith regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 485 McAllister Drive (L.R.I.S. Numbers 309237, 55048086 and part of 313429), having an area of 2.97 hectares and a frontage of approximately ,185 meters, from Restricted Industrial to Light Industrial classification; (b) re-zoning a 1.007 hectare portion of the said parcel, being part of L.R.I.S. Number 313429, from "RS- 2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification; (c) re-zoning an 88 square meter portion of the said parcel, having L.R.I.S. Number 55048086, from "I-R" Restricted Industrial to "I-I" Light Industrial classification; and (d) adding to the list of permitted uses in paragraph 620(1) (a) of the Zoning By-Law the following use: "Truck and trailer terminal operations, including repair and maintenance facilities", to make the current use of the main portion of the properties comply with the Municipal Plan and the Zoning By-Law and to clarify that repair and maintenance of trucks is a permitted use in the Light Industrial zone, as requested by Midland Transport Limited, and that no written objections were received in this regard. r I . ...4 ".... 41~ Consideration was given to a letter from the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Development Plan be amended by redesignating a parcel of land with an area of 2.97 hectares and a frontage of approximately 185 meters located at 485 McAllister Drive (L.R.I.S. Numbers 309237, 55048086 and part of 313429) from'Restricted Industrial to Light ,Industrial classification, (2) a portion of a parcel of land identified as L.R.1.S. Number 313429 be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, as illustrated on the submitted plan titled "Recommended Zoning", (3) an 88 square meter portion of land identified as L.R.1.S. Number 550408086 be re-zoned from "I-R" Restricted Industrial to "I-I" Light Industrial classification and (4) the Zoning By-Law of the City of Saint John be amended by inserting in Section 620(1) (a) the following uses "truck and trailer terminal operations, including. repair and maintenance facilities". . I Mr. Bruce Drost spoke in favour of the above-proposed amendments on behalf of Midland Transport Limited and noted that the subject application is further to the Company's purchase of property from the City which was authorized by Council on July 6, 1987 at which time a condition of the sale was that it was dependent on the proposed re- zoning being approved. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 485 McAllister Drive (L.R.I.S. Numbers 309237, 55048086 and part of 313429), having an area of 2.97 hectares and a frontage of approximately 185 meters, from Restricted Industrial to Light Industrial classification, be read a first time. Lawll. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 485 McAllister Drive (L.R.I.S. Numbers 309237, 55048086 and part of 313429), having an area of 2.97 hectares and a frontage of approximately 185 meters, from Restricted Industrial to Light Industrial classification, be read a second time. I By-Law" . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a portion of the land identified as L. R. 1. S. Number 313429, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, as, indicated on the plan titled "Recommended Zoning", be read a first time. John. Read a,first time the by-law to amend the Zoning By-Law of the City of Saint . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a portion of the land identified as L.R.1.S. Number 313429, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, as indicated on the plan titled "Recommended Zoning", be read a second t'ime. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an 88 square meter portion of land identified as L.R.1.S. Number 550408086, from "I-R" Restricted Industrial to "I-I" Light Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . .... 42U On motion of Councillor Schermerhorn Seconded by Councillor Knibb '.I RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning an 88 square meter portion of land identified as L.R.~.S. Numb7r,550~08086, from "I-R" Restricted Industrial to "I-I" Light Industr1al class1f1cat1on, be read a second time. . Read a second time the by-law to amend the zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John, by inserting in ~ectio~ 620(~) (a) th7 following uses: "truck and trailer terminal operat1ons, 1nclud1ng repa1r and maintenance facilities", be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. ,I Question being taken, the motion was carried. ',' ~ " On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by inserting in Section 620(1) (a) the following uses: "truck and trailer terminal operations, including repair and maintenance facilities", be read a second time. . Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 587 Grandview Avenue (L.R.I.S. Number 348433), containing 2693 square meters and located north of 555 Grandview Avenue and intended to be consolidated with a larger adjacent parcel to the east, from Low Density Residential to Heavy Industrial classification and (b) re-zoning the same parcel of land from "R-IB" One-Family Residential to "I-2" Heavy Industrial classification, to permit the property to be used for part of the auto salvage yard located at 587 Grandview Avenue, as requested by Vince MacLennan Auto Salvage Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) the 2693 square meter parcel of land (L.R.I.S. Number 55049290) located behind 555 Grandview Avenue be redesignated on Schedule 2-A of the Municipal Development Plan from Low Density Residential to Heavy Industrial classification and (2) the above-described property be re-zoned from "R-IB" One-Family Residential. to "I-2" Heavy Industrial classification. . On motion of Councillor Schermerhorn I /--,-"",. Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law" To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the 2693 square meter parcel of land (L.R.I.S. Number 55049290) located behind 555 Grandview Avenue, from Low Density Residential to Heavy Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the 2693 square meter parcel of land (L.R.I.S. Number 55049290) located behind 555 Grandview Avenue, from Low Density Residential to Heavy Industrial classification, be read a second time. . ...4 ".... ,421 Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law" . . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the by-law to. amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the 2693 square meter parcel of land (L.R.I.S. Number 55049290), located behind 555 Grandview Avenue, from "R-IB" One-Family Residential to "I-2" Heavy Industrial calssification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Vaughan I, Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning the 2693 square meter parcel of land (L.R.I.S. Number 55049290), located behind 555 Grandview Avenue, from "R- IB" One-Family Residential to "I-2" Heavy Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 74 Carmarthen Street (L.R.I.S. Number 9431), located at the corner of Leinster Street and containing approximately 2,775 square meters and presently being occupied by the Water and Sewerage Department of the City, from Medium Density Residential to District Centre Commercial classification and (b) re-zoning the said parcel of land from "RM-l" Multiple Three-Storey Residential to "B-2" General Business classification, so that the parcel of land may be used as a parking lot for a proposed justice complex, as requested by The Disher Steen Partnership, Architects, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Development be amended to redesignate the property at 74 Carmarthen Street from Medium Density Residential to District Centre Commercial classification and (2) the same area be re-zoned from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification,. subject to a Section 39 resolution which would: (a) limit the use of the site to a surface parking lot related to the justice facility and (b) require the submission of detailed plans for the landscaping and fence to be approved by the Director of Planning. . Mr. Hodges Hamm appeared on behalf of the owner of the property at 62 Carmarthen Street regarding the proposed parking area, the owner being concerned about the wall ,adjoining the building to be demolished and what will be done with respect to remuneration ,in this regard. Mr. Robichaud expressed the understanding that the above matter would have to be addressed by the Province of New Brunswick, the owner of the subject buildings, which will advertise for demolition. I Mr. Douglas Steen of The Disher Steen Partnership appeared on behalf of the Province of New Brunswick in favour of the above-proposed amendments and noted that the proposed justice building project commenced in the early 1980s at which time there were land transfers made between the Province and the City and that the subject application was made in order to ensure that there would be adequate parking to meet the zoning requirements for this project. I With respect to the concern expressed by Mr. Hamm on behalf of the owner of 62 Carmarthen Street, Mr. Rodgers advised that he would have to examine the documents and submit an opinion to Council prior to third reading of the proposed amendments. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the property at 74 Carmarthen Street, from Medium Density Residential to District Centre Commercial classification, be read a first time. Read a first. time the by-law entitled, "A Law To Amend The Municipal Plan By- . Law" . Question being taken, the motion was carried. .... .., 4~2 On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law, by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the property at 74 Carmarthen Street, from Medium Density Residential to District Centre Commercial classification, be read a second time. . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor A. vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning the property at 74 Carmarthen Street from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. I Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning the property at 74 Carmarthen Street from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. . Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Mr. Bedford confirmed that adequate parking should be provided on the site in question and the site adjacent thereto. Question being taken, the motion was ~arried. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, from Low Density Residential to District Centre Commercial classification the following properties: (i) a parcel of land at 247 Bayside Drive (L.R.I.S. Number 343046), containing 10,425 square meters and located behind 249 Bayside Drive, (ii) a parcel of land at 20-26 Mount Pleasant Avenue (L.R.I.S. Number 346619), containing 7,260 square feet and located on the southern side of Mount Pleasant Avenue and (iii) a portion of an 18-foot wide right-of-way containing 2,502 square feet located partly between the parcels described in (i) and (ii); and (b) re-zoning the same properties from "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the development, in conjunction with other properties on the corner of Mount Pleasant Avenue and Bayside Drive, to contain a drive-in restaurant, retail store, gas bar, car wash and related parking areas, as requested by Petro-Canada Inc., and that a letter was received from Irving Oil Limited advising that it shall not be making any further representations regarding the application, with no written objections having been received in this regard. . I ':C"-'"" Consideration was also given to a letter from the Planning Advisory Committee recommending that (1) 247 Bayside Drive, 20-26 Mount Pleasant Avenue East and a portion of an 18-foot wide right-of-way between those two parcels be redesignated on Schedule 2-A of the Municipal Development Plan from Low Density Residential to District Centre Commercial classification and (2) the same area be re-zoned from "R-2" One- and TwO-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act which would (a) limit the development of the site to the applicant's proposed gas bar, retail store, car wash and drive-in restaurant as modified in the staff alternative and (b) require submission of a detailed landscaping plan to be approved by the Director of Planning. r- I' Mrs. C. Fairweather of 40 Mount pleasant Avenue East appeared in opposition to the above application and, in noting that her property is separated from the subject site by the Full Gospel Assembly driveway, expressed concern to the random re-zoning of properties in the area, the disburbance which could result from the 24-hour operation of the proposed food outlet, the feasibility of an additional gas bar and food outlet in an area which now has several and the fact that Petro-Canada Inc. refuses to . ...4 ".... 423 release the results of its market feasibility study in this regard, whether or not the proposed development will affect the value of her property, whether or not it is in order for Petro-Canada Inc. to apply for the proposed amendments as it does not own the property, the possibility of increased traffic in the area, and wi~h regard to exactly what restrictions will be placed on the subject site which abuts d1rectlyon to a residential community. During discussion Mr. Rogers confirmed that application for such by-law amendments can be made by the property owner or the owner's agent or by a person with an option or interest not necessarily an absolute owner interest, and Mr. Bedford suggested that Council can restrict the hours of operation under Section 39 of the Community Planning Act. . I I Mr. Charles A. LeBlond, solicitor for Mrs. C. Fairweather and family, appeared in opposition to the above-proposed amendments and asked if it is the applica~t's intent to consolidate the nine separate properties into one lot and suggested that, 1f such condition is not imposed on the development, there would be nothing to prevent the nine separate properties from being conveyed one by one which would mean that the food outlet, for example, could be owned by someone other than the applicant even though the lot did not have any of its own legal access with the set back requirements etc. Mr. LeBlond advised that Petro-Canada Inc. has refused requests to produce its feasibility study and asked why, if such information is of such relevance, Council has not insisted that the study be produced, and also advised that the local residents have a concern about whether or not the requirements of the Clean Environment Act have been met and if the necessary approvals have been obtained from the appropriate authorities. Mr. LeBlond questioned whether or not, under Section 39 of the CommunH:y Planning 'Act, Council is able to restrict the hours of operation of the proposed development, in view of his research having located only one such case in Atlantic Canada, that being in Prince Edward Island where the Court of Appeal decided that the public utilities commission did not have the jurisdiction or the authority to regulate hours of operation, and suggested that such matter is crucial and requires review. . The location of the proposed gas bar was questioned in view of the possible future widening of the roadway and Mr. Bedford advised that the site plan was designed in such a way that a 20-foot portion of the property could be purchased or expropriated by the City for road widening purposes and the development would be in conformity with the Zoning By-Law. . Mr. Raymond F. Glennie, solicitor for Petro-Canada Inc., appeared in favour of the above-proposed amendments and, in addressing questions broached above, advised that, should Council wish to impose a condition that the nine properties concerned will in fact be consolidated, it is the applicant's intention to prepare a consolidation plan and consolidate same as one site, and expressed the opinion that the applicant could not convey the properties to a purchaser as individual parcels once the developments are in place because a purchaser would want to ensure that the buildings which were put up comply with the City's Zoning By-Law which includes side yard and set back regulations. Mr. Glennie also advised that, although a marketing research study for the entire Saint John area was done and paid for by Petro-Canada Inc. and provides extremely valuable information to the Company, it is not Petro-Canada's wish to have the study examined by others, and stated that the feasibility study does support this development. With regard to the reference to the Clean Environment Act, Mr. Glennie advised the applicant's intent to continue to abide by provisions in the Act in ,the same manner as it does those in the Zoning By-Law, and suggested that, with respecttb the hours of operation, the case cited by Mr. LaBlond does not say ,that a council of a municipality is unable to set hours under a Section 39 re-zoning. Mr. Glennie confirmed the applicant's intent, should Council approve the subject application, to develop the entire site which consists of the property in question and the property which was the subject of a 1986 Municipal Plan amendment and re~zoning for five of the lots which are part of the proposed development, the 1986 approval hav1ng been for the development of a gas bar and retail store for which the applicant did not exercise the option; advised that the applicant will initially take a 20-year lease on the site with an option to renew for a further term and confirmed that the applicant is prepared to accept Planning staff's suggested changes as indicated in the submitted report. _I I During discussion Mr. Glennie advised that the applicant does not wish to be estricted on the hours of operation of the proposed gas bar and would like the market lace to determine same; however, the proposed Kentucky Fried Chicken drive-in would be perated separately by somebody else; clarified the reason for an application of Petro- anada Inc. with regard to property at 249 Bayside Drive, which was the subject of a ublic pres7ntation at Council's last meeting; and the City's policy with regard to roperty wh1ch may be required for .the possible future widening of Mount Pleasant Avenue s we~l as distance criteria with regard to the number of gas stations in an area, was ' uest1oned. On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the property at 247 Bayside Drive, 20-26 Mount Pleasant Avenue East and a portion of an 18-foot wide right-of-way between those two parcels, from Low Density Residential to District Centre Commercial classification, be read a first time. aw". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- . The Mayor suggested that the matter of hours of operation should be referred to the City Solicitor for a report to Council prior to third reading of the proposed amendments. Question being taken, the motion was carried with Councillors Flewwelling, Gould, Rog!,!rs", and Schermerhorn voting "nay". .... .., 4~4 On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2- A, the Future Land Use Plan of the Municipal Development Plan, the property at 247 Bayside Drive, 20-26 Mount pleasant Avenue East and a portion of an 18-foot wide right-of-way between those two parcels, from Low Density Residential to District Centre Commercial classification, be read a second time. . Read a second time the by-law entitled, "A Law To Amend The Municipal plan By-Law". Question being taken, the motion was carried with Councillors Flewwelling, Gould,Rogers and Schermerhorn voting "nay". I On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning the property at 247 Bayside Drive, 20-26'Mount Pleasant Avenue East and a portion of an 18-foot wide right-of-way between those two parcels, from "R-2" One- and Two-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. I Question being taken, the motion was carried with Councillors Flewwelling, Gould, Rogers and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John, insofar as it concerns re- zoning the property at 247 Bayside Drive, 20-26 Mount Pleasant Avenue East and a portion of an 18-foot right-of-way between those two parcels, from "R- 2" One- and Two-Family Residential to "B-2" classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. . Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Flewwelling, Gould, Rogers.and Schermerhorn voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the matter of hours of operation of the above-proposed food outlet be referred to the City Solicitor for an opinion prior to third reading on whether or not Council has the authority to regulate same. . It was suggested that staff should also review prior to third reading of the above-proposed amendments the policy with respect to property required for the possible future widening of Mount Pleasant Avenue. Question being taken, the motion was carried. On motion of Councillor Vaughan . Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, six individual parcels of land located between Broad Street and Broadview Avenue east of Charlotte Street, with a total 350-foot frontage on Broad Street, 290-foot frontage on Broadview Avenue and 200-foot frontage on Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552), from Medium Density Residential to Light Industrial classification, to permit the development of a building to house a wholesale electrical distributor, as requested by Harris and Roome Limited. I '-~'" On motion of Councillor Schermerhorn /" Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Schermerhorn advising that, during the recent visit to Bangor, Maine, U.S.A., the concept of a joint Maine/New Brunswick Tourism promotional program for northern Maine and New Brunswick was suggested, and recommending that Council support a resolution to the new Minister of Tourism to actively pursue this suggestion -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. . ..4 ".... 425 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that a resolution regarding the Millidgeville Wastewater Treatment Plant, which was considered in Legal Session earlier this date, be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common Council approve the payment of $162,663.03 as final payment to Rocca Construction Ltd. with respect to the contract for Millidgeville Wastewater Treatment Plant, subject to a release from Rocca Construction Ltd., to be approved by the City Solicitor, which agrees to: (i) make no further claims with respect to the contract; (ii) withdraw the legal actions against the city with respect to this contract; and (iii) accept this sum as final payment on the contract. I! Mr. Clark explained that, as the City was not cognizant at the time the above contract was prepared of the change in provincial legislation to the effect that building materials for municipal projects were no longer exempt the sales tax, the contract documents prepared indicated that such exemption was still in effect; however, upon endeavouring to obtain a rebate from the provincial Government, the contractor was advised that there would be no rebate as the municipality was subject to the sales tax on building materials; therefore, in recognition of same, the above payment is being recommended and the City will approach the Province to recognize the cost-sharing formula, which at that time was 75%, as if it had been included in the original tender. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Limited - supply of asphalt October 14-20, 1987 $29,533.08 Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Prince william Street - Reconstruction Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated October 22, 1987 Final holdback release $585,312.00 562,167.77 Nil 555,747.23 $ 6,420.54 2. Charlotte Street - Water and Sewer Dean Construction Ltd. Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated October 15, 1987 Final holdback release $233,701. 00 266,969.11 Nil 249,969.11 $ 17,000.00 . Question being taken, the motion was carried. I On motion of Councillor Flewwelling 1 Seconded by Councillor M. vincent RESOLVED that the report from the City Manager advising that, as indicated in the submitted copies of correspondence from Bi-Capitol Project Incorporated and Nautilus Construction & Rentals Ltd., due to construction require- ments at the Bi-Capitol theatre building, the request has been made for the street con- struction project, contract 87-15, King Square South, to be deferred until 1988 and that Nautilus Construction & Rentals Ltd., the successful tenderer on the contract awarded by Council on September 28, 1987, has made a commitment to carry out the project in the spring of 1988 within 40 days of commencement of construction at a price increase of 5% in the contract unit prices, and recommending that contract 87-15, King Square South, be (1) deferred to the 1988 construction season, (2) approved as a project for the 1988 Capital Program for Transportation, (3) approved with the proposed changes, namely: (a) a 5% increase in the unit prices as tendered and (b) a 40-day construction period; and that the Mayor and Common Clerk be authorized to execute the necessary documents with the recommended changes -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender to demolish the old offices, Parks and Sanitation buildings at the Operations Complex on Rothesay Avenue, be awarded to the low tenderer, F. A. Simpson Contracting Ltd., for the tender price of $18,300.00. Question being taken, the motion was carried. .... 426 , On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the bid of Atlantic Colas Ltd., in the amount of $54.70 per tonne, be accepted for supplying the 1987-1988 requirements of cold mix asphalt. . ;-l~1 .:r CJ -n'" r- ,J.,' Question being taken, the motion was carried. Read a letter from the City Manager submitting an application for funding through the Greater Residential Incentive Program from vicmaur Ltd. with regard to Mountfield Crescent, Westgate Park, noting that Council authorized execution of a subdivision agreement on September 28, 1987, and recommending approval of the said application. ,I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common Council approve the GRIP application of Vicmaur Ltd. for Mountfield Crescent, with the estimated grant to be $119,490.00, and that the Mayor and Common Clerk be authorized to execute the GRIP Agreement. 'I The status of the GRIP fund was questioned as was the matter of Mountfield Crescent being within Westgate Park which would mean that the same developer would be awarded two grants under the GRIP program upon Council's approval of the above application to which Mr. Todd replied that, upon approval of the above application, the total GRIP budget for the year will be depleted and explained that GRIP funds are not available by developer but by development and, for the purposes of the GRIP criteria, the above development is considered separate from the other development in the area and is a totally separate street within the area. Question being taken, the motion was carried with'touncillor Vaughan voting "nay". . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, with regard to a drainage problem at 29 Elgin Road which was the subject of a letter to Council on October 19 from Mr. Douglas McMonagle, drainage improvements on the property could be accomplished with the installation of drain tile and reshaping of landscaping; however, this is the responsibility of the homeowner and not the City and that staff would be willing to discuss these ideas with Mr. MCMonagle and perhaps provide some advice, and recommending that staff contact Mr. McMonagle in this regard -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a project be added to the 1987 Transportation Capital Program for the installation of traffic signals on Rothesay Avenue in the area of the main entrance to the Real Atlantic Superstore, in an estimated amount of $27,000.00. Question being taken, the motion was carried. . On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the report from the city Manager advising that, with regard to the matter of through traffic in Forest Hills and Champlain Heights which was discussed by Council on October 5, 1987, staff had been made aware of the concerns of the Forest Hills residents at an earlier date and, upon investigation, subsequently initiated the installation of a stop sign which replaced a slow sign on wildwood Street at the intersection of a crescent where sight distance was limited and where there was a "T" intersection configuration which warranted a stop sign, which will better define the right-of-way and also make this route less attractive to through. traffic; also advising that traffic surveys in the Champlain Heights area indicate a slight increase in traffic but also that the majority of vehicles are circulating within the community itself and through traffic is not at an excessive level; and concluding that the Police Department has been made aware of the residents' concerns and will be taking appropriate measures to discourage speeding or unauthorized truck traffic in these communities be received and filed. I / I ,Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that occasion having arisen in the public interest of the following Public civic Works and needed Civic Improvements, that is to say:- . ~ ~ 427 GENERAL FUND . Transportation Services I Charlotte Street $21,947; Sproule Road $10,861; Subdivision - Several $48,525; Buena Vista Avenue $13,659; Ellerdale Street $17,249; Germain Street $76,393; Harding Street $44,968; Hilyard Street $242,175; Lakewood Avenue West $104,397; Milford Road $39,561; Old Black River Road $9,018; Queen Square South $31,357; Simpson Drive $65,714; Waterloo Street $11,942; Works Department Complex (North) $100,349; Prince william Street $315,084; Balmoral Crescent $24,058; Broadview Avenue $21,369; Brown Street $14,521; Carle Avenue $25,016; Carleton Place $30,959; Collins Street $32,848; Elliott Row $139,025; Fundy Drive $25,270; Golden Grove Road $28,758; King Street East $12,676; Lakeview Drive $168,711; Lancaster Street $37,678; Leinster Street $37,986; Maple Row $86,423; Marsh Creek $10,000; Pagan Place $15,158; Queen Street West $14,913; Rothesay Avenue $24,405; Sand Cove Road $35,074; Sydney Street $47,965; Third Street $41,765; Thornborough Street $17,594; Trinity Close $40,349; Wentworth Street $69,796; Sand Cove Road $57,988; Ashburn Lake Road $11,496 -- $2,225,000 Public Transit - Purchase of buses $430,000 Environmental Development - Old provincial Building $75,000 I Recreation - Golf Course $600,000 Total General Fund $3,330,000 WATER AND SEWERAGE UTILITY Water System . Adelaide Street $78,570; Charlotte Street $203,000; Charlotte Street West $160,845; Delhi Street $19,975; Kennebecasis Drive $102,712; Leinster Street $13,319; Prince Edward Street $117,704; Prince William Street $106,116; Queen Square South $45,045; Regent Street $4,219; Rothesay Avenue $193,801; St. James Street $78,669; Shillington Road $16,173; Champlain Street $72,603; Church Street Centre $38,735; Subdivision Materials $10,120; McAllister Industrial Park $200,928; Elliott Row $42,074; Germain Street $11,638; Golden Grove Road $7,945; Latimer Lake Intake $109,533; Maple Row $15,884; Bentley Street $17,995; Somerset Street Pumping Station $48,117; Service Box Renewal $66,288; Spruce and Latimer Lakes $26,364; Subdivisions - Storm Materials $11,628 __ $1,820,000 Sewer System I Adelaide Street $64,509; Carmarthen Street $14,869; Champlain Street $73,015; Charlotte Street $232,455; Maple Row $13,552; Charlotte Street West $100,879; Delhi Street $13,254; Leinster Street $11,540; Metcalf Street $18,540; Prince Edward Street $94,788; Prince William Street $51,765; Regent Street $14,337; Rodney Street $9,866; St. James Street $104,818; Shillington Road $18,262; Watson Street $26,779; Subdivisions - Storm Materials $6,859; Bellevue Street East $23,611; Bentley Street $55,209; Walter Street $10,050; Water Street $20,583; Church Street Centre $51,539; Germain Street $17,680; Holland Street $6,700; Leinster Street $5,305; Holdback on 1985 Contracts $11,461; Rayland Street $6,392; Westmorland Road $198,140; Lakewood Avenue, Forest Hills $41,526; Local Drainage $22,696; Woodville Road $9,021 -- $1,350,000 Total Water and Sewerage Utility - 3,170,000 Total for all purposes $6,500,000 Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that subject to paragraph 3 of this resolution, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $6,500,000 on such terms and conditions as are recommended by the Corporation: I AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipal Affairs: 1 AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98.00 per $100.00 of debenture, at interest rates not to exceed 10.75% for maturities in years one through five and 11.25% for maturities in years six through ten at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100.00 of debenture, interest rate and term in years, together with the date of the issue for approval by Common Council. Mr. Wilson advised that the Corporation is of the opinion that the rates on the bond issue will actually be lower than those indicated above. (Councillors Schermerhorn and M. Vincent withdrew from the meeting during the foregoing remarks.) Question being taken, the motion was carried. . Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports l ~ .426 , Your committee begs leave to report that it sat on October 19, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your committee submits the following recommendations, namely:- . 1. That Common Council support the Moosehead Skate-to-Care '88 program being sponsored by the Centracare Foundation Inc., which is to be held at Lily Lake on February 6, 1988, and that permission be granted to use the Lily Lake area for this program, including (a) preparation of the ice surface; (b) plowing the lake and campground areas, entrance and exit roads; (c) co- operation with parking strategies; and (d) sleigh rides on February 6, 1988. 2. That as recommended by the City Manager, the City-owned land lying east of the former intersection of Harris Street on the southern side of Rockland Road and bounded on the south by the chain link fence, be sold to Saint John Non-Profit Housing Inc. for a price of $6,000.00, with the City to be responsible for the survey necessary to create the lot and to amalgamate it with the adjoining property acquired by them. "" I 3. That as recommended by the City Manager, property on the corner of Queen and Ludlow Streets, known as L.R.I.S. Number 365577, be sold to Saint John Non-Profit Housing Inc. for a price of $7,000.00, with the City to have a survey of the lot prepared showing the elevations of this and the adjoining property, and the cost of the survey to be paid by Saint John Non-Profit Housing Inc. on transfer of the title. I October 26, 1987, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. (Councillors Schermerhorn and M. Vincent re-entered the meeting.) On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the 1986 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. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Fort LaTour Authority requesting a grant in the amount of $1,000.00 to be used for administrative purposes in 1988, including costs of correspondence and related items -- be referred to the 1988 budget deliberations and that a request be made for more detailed information on the use of the requested grant. I '~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan ~ RESOLVED that the petition from the residents of George Street West and surrounding area regarding the condition of the rear driveway leading from the parking lot of The Buccaneers Pub on George Street, requesting the City to enforce its by-laws and have this business clean up the area and have the driveway closed permanently -- be referred to the City Manager for investigation and a report at the next meetingeof Council. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from MacKnight Motors Ltd. advising that the time limit given on the notice of ~ ".... ..429 . I I . I . I 1 . .... removal of its used automobile repair stock, which was authorized by Council on September 28, 1987, is a physical impossibility, and requesting Council to rescind the order so that a settlement may be negotiated by which it can continue to provide a necessary service for the period until it can sell its Rothesay Avenue site and move the business to a less bothersome location -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Hughes Surveys & Consultants Ltd. for the re-zoning of property on Gault Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on December 7, 1987. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~IJtln~{{r4 .., 430 At a meeting of the 'Common Council, held at the City Hall in the City of Saint JOhn, on Monday, the second day of November, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of POlice; R. MCDevitt, Fire Chief; S.Bedford, Director of Com- munity Planning; S. Armstrong, Director of Engineering; M. Jamer, Director of Operations; W. Butler, Director of Water and Sewerage Services; J. Levesque, Director of Com- munications and Public Relations; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. "I I Reverend Denys Blackmore of Bethany Pentecostal Church offered the opening prayer. On motion of Councillor,. Schermerhorn Seconded ,by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on October 26, 1987, be approved. Question being taken, the motion was carried. . Her Worship the Mayor proclaimed November 1987 to be Ileitis and Colitis Month and Epilepsy Awareness Month in the City of Saint John; extended best wishes for success to Miss Jillian Hughes, Miss Saint John, who is in Toronto, Ontario, for the Miss Canada Pageant; commented on a flag-raising ceremony earlier this date on behalf of UNBSJ students who are involved in the International Association of Students in Economics and Business Management and on the January 24-February 21, 1988 World Chess Festival to be held in Saint John. Read a letter from Mayor Wayne submitting a letter from Mr. Edward Owens, Chairman of the Board of Governors for the New Brunswick Sports Hall of Fame, advising that, should Council wish to make nominations, forms and related information may be obtained as outlined in his letter. I Her Worship the Mayor asked that the above letter be referred to the Recreation and Parks Advisory Board for consideration and Councillor Schermerhorn suggested that it should also be referred to Council.members. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting correspondence regarding nominations to the New Brunswick Sports Hall of Fame be referred to the Recreation and Parks Advisory Board and to Council members for consideration. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn , RESOLVED that as recommended by the City Manager, (1) the tender of Nautilus Construction & Rentals Ltd., in the amount of $198,115.10, for contract 87-17, Glen Falls pressure reducing valves, be rejected on the basis that there was only one tender and the amount was 37% higher than the engineer's estimate of $144,612.00; (2) staff proceed to purchase the necessary interior piping and fittings required for the project at an approximate cost of $40,000.00 and (3) a tender for the completion of the project be advertised in 1988. I -..- .Question being taken, the motion was carried. On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of sand and gravel for the period November 1, 1987 to October 31, 1988, be awarded as listed on the submitted bid summary. I Mr. Robichaud explained that abrasive sand, which was tendered at a price considerably higher than in 1986 and on which no tender award is recommended, is used mainly to salt streets in the winter months and that an adequate amount for the forthcoming winter has been purchased under the present contract and the Purchasing Department is looking for another source for this product. . Question being taken, the motion was carried. ~ ~ 431 On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the low tender, as submitted by Paul's Trucking & Demolition Ltd., in the amount of $6,750.00, be accepted for the demolition of the building located at 71 St. James Street (L.R.I.S. Number 2808). Mr. Clark confirmed that there was a recent fire in the above building and the Mayor noted that the necessary steps will be taken to recover the City's cost with respect to the above demolition. r Question being taken, the motion was carried. On motion of Councillor Schermerhorn II Seconded by Councillor Rogers RESOLVED that the status report from the City Manager advising that the group home committee has met and discussed the findings of the research, site visits, interviews and public meeting and that a draft report is now being prepared for the committee's review and that a recommendation from the committee should be ready for Council in late November -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that the Power Commission was requested to examine the matter of an increased lighting level in Queen Square which was broached at the South End citizens' meeting and has proposed two options: (1) changing the existing eight 250-watt mercury vapour fixtures to a similar style 400-watt mercury vapour fixture or (2) changing the existing 250-watt fixtures and metal poles to simulated black iron poles with ISO-watt high pressure sodium "coach lamp" style fixtures; also advising that, if the usual policy in the downtown is followed, with the City paying the capital cost of new ornamental poles and fixtures in the amount of $5,250.00, the second option will cost $684.00 less than the first option in annual operating costs; concluding that, although either option would provide an increase in lighting intensity, the Commission prefers to encourage use of high pressure sodium fixtures, and recommending that the upgrading of lighting in Queen Square be referred to the 1988 capital budget -- be received and filed and the recommendation adopted. I Mr. Clark suggested that, rather than take a position on either of the two options, staff would submit the above report to Council as part of the capital program and allow the same considerations to be made with the necessary funding to be placed in the capital budget. Question being taken, the motion was carried. . Consideration was given to a report from the City Manager regarding the application of Dexter Construction Company Limited for a Municipal Plan amendment and re-zoning of property at 864 Dever Road, third reading of which was tabled at Council's meeting of August 17 pending additional information; advising that, based on a dye test performed by Municipal Operations, no dye was found in the City sewer or on the site and no sewage waste was found in the open ditches on the property and it is therefore assumed that the tested building is served by a septic tank, although the tank was not located; also advising that, based on information available, the chainlink fence appears to be at the east boundary of the Dexter property and does not enclose any of the City property; and, with respect to the Planning Advisory Committee's recommendation that the driveway to the industrial site be relocated and the area residents' request that the driveway remain at its present location, advising that the Planning Department has prepared an alternative plan for the reconstruction of the existing driveway which would divide the existing industrial driveway by means of a landscaped median which would create two driveways, one to serve the converted office building and Dexter houses and the other to serve the industrial complex; submitting a copy of a letter from the applicant's solicitor in this regard which indicates that the applicant has agreed to the suggested driveway configuration and understands that no further asphalting will be a requirement to the Section 39 agreement or resolution beyond what already exists at the existing entrance and that, if any further asphalting is to be done at the entrance, such asphalting is to be done at the discretion of the applicant keeping in mind tenant relations with the residential tenants of the converted office building and further that the deadlines of July 31, 1988 and July 31, 1989 in the Planning Advisory Committee's recommendation be extended so that, if the re-zoning is approved, the completion of landscaping and related work associated with the revised entrance and re-zoning be completed no later than 6 months following the conversion of the office building to a 3- or 4-family apartment building; explaining that, although in principal these dates should remain, in view of the delay encountered by the applicant, the Planning Department has no objection to extending the deadline for completion of both phases of the landscaping related to the industrial uses to September 31, 1988 for the first phase and September 31, 1989 for the second phase; and recommending that Common Council give third reading and adopt the Planning Advisory Committee recommendation to Council at the July 20, 1987 public hearing amended as follows:- conditions (e) and (f) regarding the deadline for completion of landscaping and (g) regarding relocation of the driveway, be amended to read as follows: I I (e) all work necessary to complete the buffer strip adjacent to Dever Road, in accordance with conditions (a), (b) and (c), be completed before September 31, 1988; . (f) all work necessary to complete the balance of the buffer strip, in accordance with conditions (a), (b) and (c), be completed before September 31, 1989; and (gr the existing driveway be reconstructed in accordance with the plan titled Residential and Industrial Entrance, dated October 21, 1987 and all work necessary to complete the reconstruction of the driveway be completed within six months of the commencement of occupancy of all or part of the office building as a residential building. ~ ~ 432 On motion of CounciYlor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, the properties fronting on the north side of Dever Road, between 1010 Dever Road and the NBEPC right-of-way, from Heavy Industrial to Low Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. The completion dates for the necessary work were questioned in view of the present condition of the property. -I Question being taken, the motion was carried with Deputy Mayor Gould and Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-111 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an approximately I-acre portion of the Dexter Construction Company Limited land on Dever Road, situated north of the Dexter Construction Company Limited residential buildings, from "R-IA" One-Family Residential to "I-I" Light Industrial classification, and re-zoning an approximately 8,500 square foot portion of the Dexter Construction Company Limited land, containing the former office building, from "R-IA" One-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I . AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to the following conditions:- (a) a 25-foot wide strip of land, situated immediately north of the chainlink fence along Dever Road, and extending west immediately north of the proposed zoning line behind the Dexter Construction Company Limited residential buildings, be reserved as a buffer strip, said buffer strip to have a length of 1,000 feet more or less; (b) a"continuou8 row of deciduous or coniferous trees, having a height of approximately 25 feet at maturity, be planted and maintained at 25-foot intervals along the entire length of the buffer strip; I (c) a low screen of shrubs or a vine plant on the chainlink fence be planted and maintained along the entire length of the chainlink fence adjacent to Dever Road; (d) the entire buffer strip be hydroseeded and not used for storage of equipment, vehicles or similar items; (e) all work necessary to complete the buffer strip adjacent to Dever Road, in accordance with conditions (a), (b), and (c), be completed before September 31, 1988; (f) all work necessary to complete the balance of the buffer strip, in accordance with conditions (a), (b) and (c), be completed before September 31, 1989, and . (g) the existing driveway be reconstructed in accordance with the plan titled Residential and Industrial Entrance, dated October 21, 1987 and all work necessary to complete the reconstruction of the driveway be completed within six months of the commencement of occupancy of all or part of the office building as a residential building. The by-law entitled, "By-Law Number C.P. 100-111 A Law To Amend The Zoning By-Law Of The city Of Saint John", was read in its entirety. I ,- Question being taken, the motion was carried with Deputy Mayor Gould and Councillor Rogers voting "nay". Read a letter from the City Manager advising that, with regard to the application of Gerald Christopher and Susan Landry for the re- zoning of property at 362 Old Black River Road and a waiver of the $200.00 application fee, which was considered on October 19, 1987, (a) a report and recommendation will be forthcoming from Property Management with regard to an offer to sell the subject property, (b) the Common Clerk reports that a request to waive the application fee has not to her knowledge been previously approved and (c) the Building Inspector reports that he has no authority to permit work to the extent envisioned by the applicants; expressing concern that the return of the application fee would set a precedent and staff is not in a position to recommend approval, and recommending that the re-zoning be proceeded with in the normal process. I' On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that with regard to the application of Gerald Christopher and Susan Landry for the re-zoning of property at 362 Old Black River Road and their request that the $200.00 re-zoning fee be waived, Council adopt the recommendation of the City Manager that the subject re-zoning be proceeded with in the normal process. . Question being taken, the motion was carried. ~ ~ ,4:3,3 . If I . I I tt I I . ~ Consideration was given to a report from the City Manager regarding housing and construction for the first 9 months of 1987, advising that the total number of building permits is up 15% over 1986 which was a fairly good year for construction activity, such increase having been mainly for new residential permits which have risen almost 40% in value; also advising that the value of residential renovation activity ,has increased by 25% with the total value of commercial/ institutional/industrial permits up 11%. During discussion Mr. Clark advised that the report from Environment and Infrastructure Services, requested by Council on August 31, 1987 with respect to the Brennan/Vautour application for a Municipal Plan amendment and re-zoning of property at 188 Latimer Lake Road to permit a rural residential sUbdivision, should be submitted to Council at its next meeting. On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor responding to a'question broached by Council at the October 26, 1987 public hearing of an application of Petro-Canada Inc. for a Municipal Plan amendment and re-zoning of property on Bayside Drive and Mount Pleasant Avenue East concerning Council's authority to impose a condition under Section 39 of the Community Planning Act with respect to hours of operation; noting that, in the meantime, Petro-Canada has written to Council suggesting that it is willing to agree that the permitted hours of operation of the proposed restaurant would be from 6:30 a.m. to 11:30 p.m.; expressing the opinion that, based on his review of the relevant legislation concerning this matter, including a letter from Mr. Charles A. LeBlond, solicitor, dated October 28, 1987, Council has the authority to impose as a condition under the Section 39 re-zoning the hours of operation, and suggesting that, if the hours of operation proposed by Petro-Canada are not satisfactory to Council, the parties should attempt to come to an agreement on the hours so that provisions of Section 39(1) (b) of the Community Planning Act can be used in this instance. Consideration was also given to the above-mentioned letter from Petro-Canada Products advising that Petro-Canada has no objection to the reasonable regulation of hours of operation of the restaurant and suggesting that the permitted hours of operation be from 6:30 a.m. to 11:30 p.m. A motion was proposed by Councillor Knibb and seconded by Councillor Vaughan that the above correspondence be received and filed and considered during Council's consideration of third readings of the subject By-Law amendments later in the meeting; however, such motion was withdrawn upon the suggestion that the above-mentioned letter from Mr. Charles A. LeBlond, dated October 28, 1987, which was forwarded to the attention of the City SOlicitor with copies to the Council Members on an individual basis, should be added to the agenda. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned letter from Mr. Charles A. LeBlond, solicitor of the law firm of McKelvey, Macaulay, Machum, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above letter from the City Solicitor be received and filed and his opinion be noted. Mr. Rodgers re-iterated his opinion that the Community Planning Act is broad enough to allow Council to impose a condition on the hours of operation and that, in view of petro-Canada's agreement to operate between 6:30 a.m. and 11:30 p.m., recommended that Section 39(1) (b) be utilized if Council is to become involved with such a condition. I'nay"'. Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the above letter from Petro Canada Products be received and filed and the comments be noted. Question being taken, the motion was carried. Consideration was given to the letter from Mr. Charles A. LeBlond expressing the opinion that Council cannot regulate petro-Canada's hours of operation for its proposed commercial complex; suggesting that Council must consider the effect its lack of jurisdiction to regulate hours of operation will have with respect to future uses of the property, and urging Council to carefully weigh the serious implications ~aised by the proposed development prior to third reading and to vote against same. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above letter from Mr. Charles A. LeBlond, solicitor, be received and filed and his opinion be noted. Question being taken, the motion was carried. ~ 434 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 485 McAllister Drive (L.R.I.S. Numbers 309237, 55048086 and part of 313429), having an area of 2.97 hectares and a frontage of approximately 185 meters, from Restricted Industrial to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. ,. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. ~I' Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-112 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 1.007 hectare portion of a parcel of land located at 485 McAllister Drive (part of L.R.I.S. Number 313429), as illustrated on the submitted plan titled "Recommended Zoning", from "RS-2" One- and Two-Family Suburban Residential to "I-I" <:; : "{'Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "By-Law Number C.P. 100-112 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. . On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-113 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an 88 square meter portion of land located at 485 McAllister Drive (L.R.I.S. Number 550408086), from "I- R" Restricted Industrial to "I-I" Light Industrial 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. 100-113 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. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-114 A Law To Amend The Zoning By-Law Of The City Of Saint John", by inserting in Section 620 (1) (a) the following uses: "truck and trailer terminal operations, including repair and maintenance facilities", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-114 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. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by redesignating the 2693 square meter parcel of land (L.R.I.S. Number 55049290), located behind 555 Grandview Avenue, from Low Density Residential to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillor Rogers voting "nay". ~ On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law,entitled, "By-Law Number.C.P. 100-115 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the 2693 square meter parcel of land (L.R.I.S. Number 55049290), located behind 555 Grandview Avenue, from "R-IB" One-Family Residential to "I-2" Heavy Industrial 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. 100-115 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. . ...4 r- 435 Question being taken, the motion was carried with Councillor Rogers voting II nay " . . Consideration was given to third readings of a proposed Municipal plan amendment and re-zoning of property at 74 Carmarthen Street, first and second readings having been given on October 26, 1987. On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that third reading of the above proposed amendments be laid on the table for two weeks pending consideration of the matter of the preservation of the old water reservoir which is located on the subject site. Question being taken, the tabling motion was carried with Councillor Schermerhorn voting "nay". I Consideration was given to third readings of a proposed Municipal Plan amendment and re-zoning of property at 247 Bayside Drive, 20-26 Mount Pleasant Drive East and a portion of an 18-foot right-of-way located partly between the two said parcels, first and second readings having been given on October 26, 1987. A motion was proposed by Councillor Knibb and seconded by Councillor Vaughan ,that,~tl;lird" reading of the proposed Municipal plan amendment be adopted, and the By-Law ~as read in its entirety. . During discussion Mr. Rodgers recommended, in reference to a suggestion that the hours of operation should be included as a condition to the re-zoning of the subject property, that, if Council is desirous of proceeding with conditions over and above those recommended by the Planning Advisory Committee and if Council is desirous of entering into an agreement, as opposed to a resolution, pursuant to Section 39 of the Community Planning Act, the subject agreement including all conditions be entered into prior to third reading of the proposed Zoning By-Law amendment, and discussion ensued regarding whether or not both the Municipal Plan amendment and the proposed zoning By-Law amendment should be tabled at this time in order for such agreement to be prepared. On motion of Councillor MacDougall Seconded by Councillor Schermerhorn RESOLVED that the above-proposed amendments be laid on the table and the City Solicitor meet with Petro-Canada to prepare the said agreement as to the hours of operation and the other conditions as recommended by the Planning Advisory Committee. I Question being taken, the tabling motion was lost with Councillors Davis, Gould, Knibb, Vaughan and A. Vincent voting "nay". On motion of Councillor Knibb . It was noted that the above By-Law was read in its entirety prior to the tabling motion. Question being taken, the motion was carried with the Mayor and Councillors Gould, Rogers and Schermerhorn voting "nay". I Discussion ensued regarding ,whether Council should proceed at this time with third reading of the proposed Zoning By-Law amendment subject to a resolution pursuant to Section 39 adding to the Planning Advisory Committee's recommended conditions the hours of operation, or to table the proposed amendment in order for such conditions to be subject to an agreement pursuant to Section 39, such agreement to be submitted by the City Solicitor to Council for consideration. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that third reading of the proposed zoning By-Law amendment be laid on the table for one week with the City' Solicitor to meet with Petro-Canada to prepare an agreement for Council's consideration. Question being taken" the tabling motion was carried with Deputy Mayor Gould and Councillor A. Vincent voting "nay". Mr. Rodgers explained that, in view of legal questions raised with regard to the above re-zoning, it would be more secure for the City to have an agreement with the applicant, although the Section 39 re-zoning could be accomplished by a resolution of Council. . Read report of the Committee of the Whole (as fOllows) ~ "1 436 , To the COMMON COUNCIL of the City of Saint John The Committee of the Whole 'reports . Your Committee begs leave to report that it sat on October 26, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the land at 301-307 Princess Street (L.R.I.S. Numbers 11767 and 11775) be sold to Mr. J. Alyre Richard'for a price of $10,000.00, with the sale to be conditional on him 0having his development plan approved by the Planning Advisory Committee, such sale to take place within 30 days of this approval, (2) upon approval of the sale by Common Council, Mr. Richard be required to pay a deposit of $1,000.00 which will be refundable only if he submits his plan for approval within 30 days and it is not approved by the Planning Advisory Committee and (3) the City retain an option to reacquire the property for the purchase price if the development is not completed within one year of the transfer of title. I' 2. That as recommended by the City Manager, the 3,350 square foot parcel of land lying to the rear of the property of Mr. A. L. Brown at 84 Manners Sutton Road and shown on plan Pb3-6 prepared by the Works Department October 28, 1959, be transferred to Mr.A. L. Brown for a price of $1.00 plus all costs associated with the transfer. I 3. That as recommended by the City Manager, Mr. Douglas Pledge of 141 Pugsley Avenue be advised that the City will use the property to the rear of his lot as a deposit area for clean, excavated fill which will eventually give support to his retaining wall. A. That as recommended by the City Manager, Mr. Ernest Carson of 25 'Nicolle Road be advised that the City is not. interested in selling the land adjoining his property at the present time. . 5. That as recommended by the City Manager, (1) the City grant an easement of 15 square meters of land on the western side of Watson Street near the intersection of King Street to NB Tel to permit the installation of a service area interface unit, the price of the easement to be $200.00 and NB Tel to'be responsible for the preparation of all documents and for all costs involved and (2) the granting of the easement will be conditional on NB Tel acquiring any necessary variances from the Planning Advisory Committee. November 2, 1987, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motiDn was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above . report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers . Seconded by Councillor Schermerhorn RESOLVED that the petition from residents of John Green Road requesting that the upgrading and chipsealing of the Road be included in the 1988 budget-- be referred for consideration in 'the 1988 budget. ~ ,..... ,437. Mr. Clark advised that the question of whether or not the above road is a private road will be addressed. . Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mrs. Brenda Votour of 99 Saint John Avenue, Oromocto, N.B., commenting on noise from and activities in the area of the 1880 Club during her weekend visit with her parents and suggesting that the City should enforce its Noise By-Law -- be referred to the Chief of Police. Question being taken, the motion was carried. On motion of Councillor Schermerhorn /1 Seconded by Councillor Knibb RESOLVED that the letter from Palmer, O'Connell, Leger, Roderick, Glennie, solicitors on behalf of patricia M. Blanchet, Janice D. Teed and Constance M. Harrison, requesting Council's permission to allow for the temporary placement of a mobile home on property on Upper Golden Grove Road, as indicated on the submitted map, for a period of one year while a final decision is made as to whether or not a permanent residence will be built -- be received and filed and permission be granted for the placement of the mobile home on the subject property for the period of one year. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mr. Barry Ogden advising the status of the proposed Marco Polo project, which was the subject of a presentation to Council on August 31 and a subsequent letter on September 14, 1987; advising that the executive of the project is in the process of incorporating as the Marco Polo Harbour Front Historic Village 'Inc., and requesting Council's support in this project -- be receive~ and filed with appreciation for Mr. Ogqen's enthusiasm and effort in this project. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Lamda Enterprises Ltd. for a special premises (recreational) license for premises at 532 Rothesay Avenue, will be held on November 6, 1987 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this ~eeting be adjourned. Question being taken, the motion was carried. . raT ~ ~///>?r4 Co Clerk I I . .... ~ 438 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of November, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C.Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, commissioner of Finance; P. Groody, Commissioner of. Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. MCDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; and J. Levesque, Director of Communications and Public Relations; Hrs.'1. Munford, Common Clerk; and C. Joyce Assistant. Common Clerk.. Reverend James Webber of Forest Hills Baptist Church offered the opening prayer. I I~ On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Co~mon Council, held on November 2, 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor proclaimed November 15-21, 1987 to be Alcohol and Drug Awareness Week in the City of Saint John; and commended the organizers of the West Side Community Days which were held during the past weekend. Mr. Clark advised that, in light of ~ublic speculation concerning his future in Saint John, he has been approached regarding a possible position outside the City of Saint John and discussions are currently ongoing and expressed his intent to continue keeping Council informed of develooments in this respect. Her Worship the Mayor read the City Manager's prepared response to an advertisement placed in local newspapers by the Saint John policemen's Protective Association which states that the advertisement placed by Local 61 uses extremely selective statistics which imply the City's management group received a salary increase for 1987 in excess of four per cent which categorically and unequivocally is absolutely false and a complete distortion of the truth, the bottom line being that for 1987 the City of Saint John's management group, in total, received a four per cent salary increase and to say otherwise represents a deliberate attempt to mislead the public. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the City Manager's item regarding pedlars and hawkers be withdrawn from the agenda and referred to the forthcoming Council caucus, and that the Planning Advisory Committee's report concerning the rehabilitation of 1849 Manawagonish Road be withdrawn from the agenda as requested by the applicant's solicitor in a letter received by Council earlier this date. . The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions attached to the 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (L.R.I.S. Number 18275), to permit the addition of an enclosed loading dock and driveway, on the Prince Edward Street frontage, to replace the present New Brunswick Liquor Corporation loading door, as requested by Prince Edward Square Limited, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) Common Council amend its resolution of May 8, 1972, to include the closing in of the loading platform serving the New Brunswick Liquor Corporation Store by means of metal siding on steel studs, the location of the loading door is to remain unchanged; and (2) as a condition of amending its resolution of May 8, 1972, Common Council require that Prince Edward Square Limited, the owner, enter into an agreement with the City which provides for: (al the acceptance of the responsibility and cost of removal, replacing and repairs to the loading platform by the owner should the City or The Power Commission of the City of Baint John require it to be removed and (b) the granting of easements in the event they do not exist to the City and/or 'The Power Commission of the City of Saint John for underground services owned by the City and/or The Power Commission of the City of Saint John. I I . ...4 ,..... 4J~ On motion of Councillor Schermerhorn I Seconded by Councillor Knibb , RESOLVED that as recommended by the Plann1ng Advisory Committee, (1) Common Council amen~ its resolution o~ MaY,8, 1972, to i~clude the closing in of the loading platform serv1ng the New B~unsw1ck L1quor,corporat~on Store by means of metal siding on steel studs, the 10cat1on of the load1ng door 1S to remain unchanged; and (2) as a condition of amending its resolution of May ~, 1972, Common Council require that Prince Edward Square Limited, the owner, enter 1~t~ ~n agreement with the City which provides for (a) the acceptance of the respons1b111ty and cost of removal, replacing and repairs to the loading platform by the owner should the City or The Power Commission of the City of Saint Joh~ require it,to be removed and (b) the granting of easements in the event they do not eX1st ~o the C1ty and/or ~he Power Commission of the City of Saint John for underground serV1ces owned by the C1ty and/or The Power Commission of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor SChermerhorn I Seconded by Councillor Gould RESOLVED that the correspondence regarding the above amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard Paving Maritime Limited - supply of asphalt October 21-27, 1987 $39,726.82 - supply of asphalt October 28-November 3 $28,038.48 Question being taken, the motion was carried. On motion of Councillor SChermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 87-3 - Sand Cove Road Que-Mar Construction Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 4, Final holdback release $ 64,784.00 62,586.13 Nil 45,418.05 1987 $ 17,168.08 I 2. Contract 87-5 - Newman Street Que Mar Construction Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated November 4, 1987 Final holdback release $124,663.00 116,880.94 Nil 81,893.05 . $ 34,987.89 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, he contract for renovations to Chipman Hill bridge be awarded to the low tenderer, in~on' Construction Limited, at the tendered price of $28,117.00. Question being taken, the motion was carried. I . Consideration was given to a letter from the City Manager regarding the pplication of Crestwood Holdings & Realty Ltd. for a Municipal Plan amendment and re- oning of property on Ashburn Road, the public presentation for which was held on July 2.0: and the matter tabled on August 31, 1987 until additional material had been reviewed; dvisingthat staff has been working with the applicant to ensure that environmental nd blasting information and information on the Marsh Creek Flood Risk Area is available '0 ensure. a proper evaluation of the proposal, and recommending that the subject application e referred to the Planning Advisory Committee for a report and recommendation, a date e set for the public hearing and advertisement be authorized. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the application of Crestwood Holdings & Realty Ltd. for a Municipal Plan amendment and re-zoning of property on Ashburn Road (L.R.I.S. Number 298422) be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on December 14, 1987. The Mayor requested staff to provide an update on the status of the filling- in of Marsh Creek in the area of the Marco Polo Bridge. ..... ~ ~ 440 .. Question being taken., the motion was carried. Read a letter from the City Manager submitting a report from the Legal Department regarding a request from Mr. Garfield Lucas of 1245 Red Head Road for an easement permitting the encroachment of his building on Paisley Street, and concurring with the recommendation therein. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute an easement in favour of Garfield Lucas to permit the encroachment of his building upon Paisley Street, such easement to terminate with the destruction or removal of the encroachment, all expenses to the account of the grantee. I Staff was requested to include in future reports of the above nature the amount of square footage contained in the proposed easement. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager submitting a proposed agreement for the concert performance of Mr. Philip Thompson on February 2, 1988 as part of the World Chess Festival, such agreement having been examined from a legal perspective by the City Solicitor's Office and by Mr. Wallace Macaulay, volunteer counsel for the World Chess Festival, and recommending that the Mayor and Common Clerk be authorized to execute the submitted agreement between the City of Saint John and Mr. Philip Thompson -- be received and filed and the recommendation adopted. . The necessity of Council approving agreements relating to the cultural component of World Chess Festival was questioned to which Mr. Clark replied that, having been advised that Council is the bo~y'authorized to enter into legal contracts with third parties, accordingly such item is before Council at this time and that he has asked the City Solicitor to review the possibility of staff dealing with simple, 'matters on behalf of Council. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, money or a bond in the amount of $6,000.00 be accepted as security to ensure rehabilitation by Grandview Realty Ltd. of the gravel pit located at 913 Latimore Lake Road. Mr. Johnson explained that the above gravel pit and the gravel pit which is the subject of the next item on the agenda are located on adjacent properties and owned by two different owners. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as the City Manager, money or a bond in the amount of $12,000.00 security to ensure rehabilitation by Thomas Construction Ltd. pit located at 1003 Latimore Lake Road. recommended by be accepted as of the gravel Question being taken, the motion was carried. Notice had been given to Aztec Holdings Ltd., being the owners, to appear at this meeting to show cause, if any, why the building located at 146 Mecklenburg Street in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that this two-storey woodframe building has been one with which his Department has been working 'for some time, having initially started off as a minimum standards problem which led finally to the building being vacated at the end of May 1987 pursuant to the Minimum Standards By-Law and since that time no repairs have been carried out and the building has been allowed to remain open to the public. Mr. Johnson also advised that the building." is dangerous and dilapidated and recommended that the subject building be demolished pursuant to the 1925 Building Act. . No persons were present with respect to the said building. On motion of Councillor MacDougall I I Seconded by Councillor M. Vincent RESOLVED that notice having been given t~ Aztec Holdings Ltd., being the owners, as appears by the records of the Reg1strar of Deeds for the County of Saint John, of the building located at civic number 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City of Saint John, requesting that the said owners appear before this meeting of . ~ ".... '. .441 Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 146 Mecklenburg Street (L.R.I.S. Number 4226) in the said City to be dilapidated and dangerous: . AND BE IT FURTHER RESOLVED that the said Aztec Holdings Ltd., are hereby required to remove or destroy the said building situate at civic number 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: I AND BE IT FURTHER RESOLVED that upon failure of the said Aztec Holdings Ltd., to remove or destroy the said building situate at civic number 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Aztec Holdings Ltd. Question being taken, the motion was carried. ---- I Consideration was given to a letter from the City Solicitor submitting an agreement under Section 39 with respect to the proposed ie-zoning of the Petro-Canada land in the vicinity of Bayside Drive, which was tabled at Council's meeting of November 2, 1987, concluding that it is in order for Council to proceed to give third reading if it so wishes and to authorize the Mayor and Common Clerk to execute the submitted agreement. On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-116 A Law To Amend The zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the following properties:- (a) a parcel of land at 247 Bayside Drive (L.R.I.S. Number 343046), containing 10,425 square feet and located behind 249 Bayside Drive, (b) a parcel of land at 20-26 Mount Pleasant Avenue East. (L.R.I.S. Number 346619), located on the southern side of Mount Pleasant Avenue, and (c) a portion of an 18-foot wide right-of-way (part of L.R.I.S. Number 55023949), containing 2,502 square feet located partly between the two parcels described in (a) and (b), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that the said re-zoning be pursuant to an agreement subject to Section 39 or the Community Planning Act which would (a) limit the development of the site to the applicant's proposed gas bar, retail store, car wash and drive-in restaurant as modified in the staff alternative, (b) require submission of a detailed landscaping plan to be approved by the Director of Planning and (c) prohibit the hours of operation of the business to be conducted in and from the said drive-in restaurant between the hours of 11:30 p.m. and 6:30 a.m. chair .) (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the The by-law entitled, "By-Law Number C.P.IOO-116 A Law To Amend The Zoning By- Law Of The city Of Saint John", was read in its entirety. During discussion the possible effect the proposed development would have on other small businesses in the subject area was broached as was the matter of the 20 feet of property which would be required in the event Mount Pleasant Avenue is widened and the question of Council's authority to restrict the hours of operation of the drive-in restaurant.. - . Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Flewwelling, Rogers and Schermerhorn voting "nay". 1- Read a letter from the City Solicitor advising that Mr. Raymond F. Glennie, solicitor for Mildred A. Densmore, the widow of Clarence Reginald Densmore, has requested on behalf of his client a deed for a 15' x 100' strip of land on Linton Road in the Hatheway Subdivision, as shown on the submitted plan, such property having been deeded by a resolution of the City of Lancaster on April 30, 1963 to Mr. Densmore, although the deed was never executed in his favour; and submitting a resolution should Council be prepared to grant Mr. Glennie's request. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan I' RESOLVED that in consideration of the sum of one dollar ($1.00) the Mayor and Common Clerk on behalf of the City execute a deed in favour of Mildred A. Densmore for that piece of land 15 feet wide along the eastern boundary of lot A as shown on a subdivision plan filed in the Saint John County Registry Office as File 39 No. 79, all expenses incurred to be borne by the grantee. Question being taken, the motion was carried. Read report of the Committee of the Whole (as fOllows) To the COMMON COUNCIL of the city of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on November 2, 1987, when here were present Mayor Wayne and Councillors Davis, Gould, Knibb, MacDougall, ogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following ecommendations, namely:- .... ~ 442 l. the World every two That advance funding in the amount of $150,000.00 be approved for Chess Festival with progress reports to be submitted to Council weeks. . - :s E ~ 2. That as recommended by the City Manager, the Job Finding Club be given a grant of $396.13 per month to reduce its rental at 55 Canterbury Street from $550.00 to $153.87 per month, such grant to commence December 1, 1987 and last until March 31, 1988 which is the termination date of the majority of the leases. 3. That as recommended by the City Manager, (1) Clause 2(e) of the agreement between the City and the developers of the Old City Hall building at 116 Prince William Street be amended by changing the date for completion of the exterior improvements to November 30, 1988, (2) Clause 2(f) of the agreement be amended by changing the date for completion to November 30, 1988 and the date for payment of $7,500.00 to December 1, 1988, and (3) Clause 3(b) of the agreement be amended by changing the date for exercising the repurchase option to six months immediately following November 30, 1988. I 4. That as recommended by the City Manager, Council approve the additional work to be done by IBI Group in the preparation of the Atlantic Canada Opportunities Agency submission up to a limit of $12,000.00, with respect to the proposed civic centre. I' November 9, 1987 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above . report 'be adopted;,," Question being taken, the motion was carried. On motion of Councillor Schermerhorn report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above I report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from St. Mark's United Church Mens Club expressing the understanding that there are two options to correct the problem of the stench produced by the Lancaster sewage lagoon, one being to expand the present lagoon and encroach even further on Saints Rest Marsh or to use technology which is available to increase the..present lagoon capacity without expanding its area, and urging council to consider any alternative to expanding the area of the Lancaster lagoon on the basis that Saints Rest Marsh is an invaluable resting and feeding place for shorebirds -- be received and filed. I Question being taken, the motion was carried. On motion of Cbuncillbr~'Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Saint John Heritage Trust Inc. regarding the building at 74 Carmarthen Street (such property being the subject of an application for a Municipal Plan amendment and re-zoning with third readings of the proposed By-Law amendments having been tabled at Council's last meeting), which predates the Great Fire and was used as the City's first built reservoir and is one of the few still-standing late 19th century buildings in Saint John; referring to an October 22, 1987 newspaper article indicating that such property is to be developed to provide parking for 87 cars and expressing concern that such demolition can occur without notice to the pUblic at large and suggesting that any further proposed demolition should be subject to a public screening so that concerned citizen groups and individuals can have an opportunity to investigate and publicize the significance of the structure in question and that for all such proposals the City must consider the long-term effect on the City rather than the short-term convenience; also suggesting that, at the very least, the old reservoir building could be used as a mini-parking garage as at present and an attractive boundary wall could be built around the area to preserve visual amenities; and urging Council to reconsider this proposal in its entirety -- be referred to the City Manager. 'I . ~ JII"'"' 443 . During discussion it was noted that the subject property is owned by the Province of New Brunswick and Mr. Clark confirmed that the Province has been made aware of the reservoir located on the property. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the letter from Hamilton Realty Ltd. asking the status of its previous letter to Council on April 27, 1987 concerning the limited access to the apartment building located at 247-249 Rockland Road caused as a result of the construction of the North-South Arterial, and requesting a speedy resolution to this matter -- be referred to staff for a report in two weeks. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~cYJ=fd . I . I I . ll... ~ 444 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of November, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Director of Community Planning; W.D. Todd, Director of Housing and Property Management; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Armstrong, Director of Engineering; J. Brownell, Assistant Director of Recreation; J. Johnson, Building Inspector; J. Levesque, Director of Communications and Public Relations; Mrs. M. Munford, Common Clerk; and L. Linton, Secretary. I I the Reverend Lance opening prayer. McAdam of the Church of the Good Shepherd offered ,.,-' On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on November 9, 1987, be approved. . Question being taken, the motion was carried. Her Worship the Mayor proclaimed November 16-20, 1987 to be Drive With Your Lights On Week in the City of Saint John; advised that the members of the city's gymnastic club are approaching business concerns to purchase a booklet entitled "A Free Lunch on Gymnastics" and noted that the funds will provide financial help with their gymnastic program. The Mayor noted that Councillor Knibb will be the guest of honour at a Roast to be held on Nqvember 26th, the proceeds of which will be donated to the Seafarers' Mission. On motion of Councillor M. Vincent I Seconded by Councillor Vaughan RESOLVED that the item concerning the recommendation of the Board of Police Commissioners considered at a Committee of the Whole meeting earlier this date, regarding contract negotiations, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the Board of Police Commisioners, and at the request of the Minister of Labour, Common Council approve voluntary binding arbitration regarding contract negotiations with the Saint John policemen's Protective Association, Local No. 61, C.U.P.E. . Councillor M. Vincent advised that he will be voting against the motion because he believes the announcement is the responsibility of the Board of Police Commissioners and not that of Common Council. Mayor Wayne referred to a meeting held last week with the Minister of Labour in Fredericton and City representatives in this regard, when the City was asked if it would consider voluntary binding arbitration, and noted that the Union has not responded to date to a similar suggestion. I Question being taken, the motion was carried with Councillors A. Vincent and M. vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling I RESOLVED that the letter from Mayor Wayne submitting a letter from 1691 Saint John Army Cadet Corps requesting permission to mount the City crest to its Corps Flag in order to easily recognize its base and, if permission is granted, a donation from the City of the Crest -- be received and filed and the Corps be advised that regretfully the City is unable to comply with their request and extend Council's appreciation for their interest. Responding to a query from Councillor Schermerhorn, Mr. Rodgers advised that as the City's crest and Seal are identical and although there is nothing illegal in its use, it is not usual or proper for the Crest to be used in this manner and the City has adopted a policy that it not be used indiscriminately. . Question being taken, the motion was carried. ~ ".... 445 On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the application of John and Mary Brennan and Jean-Claude and Colleen -:autour, for a Municipal plan amendment and re-zoningof 188 Latimer Lake Road (t~e publlC hear1ng for which was held on August 31, 1987 with no readings given), recommend7ng that, aS,the report from Environment and Infrastructure Services is now being dealt w1th by Counc11, this matter be taken from the table and referred back to the Planning Advisory Committee for its opinion -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that property at 145 Loch Lomond Road is adjacen~ to a natural ~ole th~t has had fill placed on it for many years and that the Parish of S1monds had or1g1nally 1nstalled a concrete pipe to drain the area, but as fill was added the pipe was extended and downsized and is now blocked causing water to collect in a pond on,the property to t~e rear owned by Saint John Tile and Terrazzo Co. Ltd., and recommend1ng that (1) the C1ty acquire sewer easements on the portions of the lot at 145 Loch Lomond R~ad, owned by , Clifford Doucette, identified as Part "A" and Part "B" on the plan sub~ltted, for a ~r1ce of $200.00 plus any other costs that may be involved with the preparat1?n and execut10n of the easement documents, and (2) that the City reimburse Saint ~ohn ~11e and Terrazz~ Co. Ltd. for the cost of material required to install the new dra1n wh1ch has been est1mated to be $7,500.00 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor M. vincent RESOLVED that the letter from the City Manager advising that Common Council approved the process for the Strategic Planning Program in June 1987 and that when the issues and goals for Saint John have been recommended by the Task'Force to be appointed by Council, and adopted by Council, they will be communicated to the public in an attractive form such as a color publication andjor,a,video, and recommending that staff proceed to call for proposals to produce the V1S1on S~atement, at an estimated total cost of $50,000, be received and filed and the recommendat1on adopted. Mr. Bedford confirmed that the Vision Statement will not be prepared pending the results of the Strategic Plan Task Force. Question being taken, the motion was carried. I ,On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED that the letter from the City Manager advising that at the request of Common Council and on the direction of the City Manager, the submitted report entitled "An Interim Policy on Servicing" was completed and included a review of the Municipal Plan and its relationship to the Staging plan for development in the City, and the adoption of an interim policy will enable current development pressures and realities to be taken into account, while not prejudging the longer term decision with respect to servicing to be developed through the strategic planning process now in place and recommending the following, namely:- (1) that the revised Staging Plan as shown on Map 2 of the report be adopted as the revised staging policies for the Municipal Development Plan and that'Ja Municipal plan amendment De initiated to implement~the'policY'changes; (2) that un~il such time as the Strategic plan has been completed, including a comprehensive review of all of the staging proposals in relation to future growth expectations, Common Council not consider further Municipal Plan amendments within the Stage 1 and Stage 2 areas being recommended within this Interim Policy; (3) that the revised staging policies be reviewed comprehensively within the context of the current Strategic Plan development process; (4) that the Planning Department consider the implications of the future development of the deleted servicing areas in terms of their proximity to serviced areas within the city, while at the same time include an assessment of the current zoning; and (5) that the standards for "RR" and "RF" zones be reviewed with the intent of improving the quality of development in these areas -- be received and filed and the recommendations adopted. Mr. MacKinnon noted that over the past two years several applications have been before Council involving development of areas lacking City services, and as a result, Council requested a review of the Municipal Plan and its relationship to the Staging Plan for development in the City. He stated that the Municipal Plan commenced in 1967 and was approved in 1973, and that the demographic assumptions upon which its critical servicing policies were based, such as a projected population in 1987 of 150,000 and upwards of 250,000 by the end of the twentieth century contingent upon the development of Saint John as a growth area, have not come to fruition, and in consequence, the full service of Stage 1 has not been completed and the future prospects of extending services to Stages 2 and 3 must be considered remote, at best. He stated that a staging report produced in November 1984 which reviewed the scale and development in the staged area was reassessed with the Planning and Engineering Departments and the areas re-delineated to reflect our current scale of development and our more realistic capabilities; that the staging line also more closely reflects existing drainage basins; that all areas which had previously been in Stage 3 has been removed and placed in an unstaged area as it is unlikely that these areas will ever be serviced; and that Stage 2 areas have been removed except for an area in Lakewood and another in that area from South Bay to Martinon and the Stage 1 line has some refinements in Red Head and also along the Gault Road and Ocean Westway. . ,I I ll.... ~ 446 on t e recommen e po 1CY changes and rat10nale for each change, as outlined in the report, such changes being as follows: that South Bay, Acamac, Morna, Belmont, Martinon be removed from Stage 1 and placed in Stage 2; that the area of Martinon, Acamac in Stage 3 be removed and left as unstaged development; that the area between South Bay and the Martinon By-Pass which was in Stage 2, be removed and left as unstaged development; that the Stage 1 area in the vicinity of Monte Cristo Subdivision and Ocean Westway be expanded to include these areas; that the Stages 1, 2 and 3in Lorneville be removed and only include in Stage 1 that area of the Spruce Lake Industrial Park; that the area south of the Throughway which includes Manawagonish Stream and Taylors Island be removed from the Stage 2 and left unstaged; that the area which includes Sheldon Point be removed from Stage 3 and left unstaged; that the area of Brookville, Torryburn (the quarry area) be removed from Stage 3 and left unstaged; that the area of Lakewood in Stage 2 be re-delineated and made smaller to reflect the drainage basin; that the area in Stage 3 between Loch Lomond Road, Golden Grove Road and Lakewood be removed and left as unstaged development; that the area in stage 3 between Loch Lomond Road and Latimer Lake Road be removed and left as unstaged development; that the area outside of Stage 1 between Red Head and the Old Black River Road be re-delineated_,and placed in Stage 1; that those areas in Stages 1, 2 and 3 between Anthony's Cove and Mispec Point be removed from the staging and left as unstaged development; and that the area of Rockwood Park, although in a Stage 1 area, will remain as an unserviced area. . I 'I' During ensuing discussion, matters were broached regarding the extension of services in the Stage 1 area; the proposed review of standards for development in "RR" and "RF" zoned area; staff's recommendation that Rockwood Park, although in a Stage 1 area, will remain as an unserviced area; the suggestion that ongoing meetings should be held with elected officials of the neighbouring municipalities as proper planning involves more than the immediate area of the City; the effect of the policy changes on specific developments proposed within the City; environmental problems in the City which are cited as reasons for the population decline; staff's plan to maximize the capacity of existing services in Stage 1; and the need for a scheduled review of the 11unicipal Plan in the future in light of development trends which may occur. . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on November 2, 1987, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Cowmittee submits the following recommendation, namely:- I 1. That the submitted report of the Council Committee on the role and terms of reference of the Tourism Advisory Commission be received and filed and the Committee members be commended for their efforts in this regard: AND FURTHER that the following recommendations of the Council Committee be adopted:- (1) the City of Saint John's Tourisn Advisory Commission continue in operation; (2) that the matter of the appointment of four new members to the Commission be referred to the Nominating Committee; . (3) the revised terms of reference, as submitted, be adopted to guide the future operations of the Commission; (4) the current organizational structure with the Director of Tourism reporting to the City Manager and Common Council through the Assistant City Manager - Development, be retained; I (5) the recommendation by the Tourism Advisory Commission for a Festivals/Celebrations Co-Ordinator be addressed by the administration within the 1988 budget preparation and approval process and, in addition to the Tourism Advisory Commission's request for a staff person to perform the required planning and coordination, staff shall also assess the option of an overall coordinating committee for festivals and celebrations; (6) the Tourism Advisory Commission evaluate section 4.1 of the revised terms of reference and report to Council before April 30, 1988 with respect to the length of term and rotation of membership, consistent with the need to provide new ideas and guidance to the Department of Tourism; I (7) as part of the Department of Tourism's future budget preparation activities, copies of the draft budget shall be provided for the review and comment of the Commission and any comments made by the Commission shall be addressed within the Department's budget rationale and shall be available to Council and; (8) the Department of Tourism consider the opportunities and implications of preparing a "marketing plan", as recommended by the Commission and further that a report shall be prepared for Common Council addressing the feasibility of such an approach, specific recommendations shall be made and the comments of the Tourism Advisory Commission shall be included within the Department's report to Council. . ....4 ".... '".."~.':;' 447 . November 16, 1987, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan I Deputy Mayor Gould, chairman of the above Council committee elaborated on the recommendations, and cited the important role of this Commission comprised of citizens in response to a',concern of Councillor Rogers on recommendation (6), the Mayor stated that the Nominating Committee may review this recommendation. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John I The Committee of the Whole reports .Your Committee begs leave to report that it sat on November 9, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- . 1. That as recommended by the City Manager, (1) Mr. and Mrs. Juliano of 104 Boyaner Crescent be advised that the City is not interested in selling the ten-foot walkway adjoining their property at the present time, and (2) consideration be given to including the construction of a proper walkway in the 1988 capital budget. 2. that the Road. That as recommended by the City Manager, Mr. Christopher Landry be advised City is not interested in the acquisition of his property on Old Black River November 16, 1987, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as rquested by Saint John Annual Santa Claus Parade Committee, Council underwrite, if necessary, any costs the said Committee is unable to meet up to $1,000.00 with regard to the 35th Annual Santa Claus Parade scheduled for November 21, 1987. (Councillor Vaughan outlined plans for the annual Christmas Tree lighting ceremony, to be held on December 4th at 6:30 p.m. in King Square. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor M. vincent RESOLVED that the letter from Saint John Council of Women expressing concern about the possibility of buildings planned for construction on the shores of First Loch Lomond on the basis that this will pollute the water supply -- be received and filed and the said Council be assured that the City is continuing its efforts to prevent development in this area. AND FURTHER that a copy of the letter be forwarded to the Minister of Municipal Affairs and local Members of the Legislative Assembly: Question being taken, the motion was carried. . Consideration was given to a letter from The Human Rights Awareness New Brunswick Incorporated requesting Council at the Council meeting closest to December 10 to make mention of Human Rights Day and publically draw to the attention of the municipality that human rights have become a basic concept in the Canadian society and that every citizen should endeavour to avoid discrimination based on human characteristics, and also requesting Council to endorse and adopt the submitted resolution. lIr..... ~ 4,48 On motion of Councillor Flewwelling Seconded by Counc'illor Knibb RESOLVED that the following resolution . be adopted, namely:~ "WHEREAS Canadian democratic society is based on a recognition of the worth of the individual and the protection of human rights; AND WHEREAS the Universal Declaration of Human Rights to which Canada as a nation has subscribed sets forth in greater detail these basic concepts; AND WHEREAS the application and recognition of human rights should play a fundamental role in the daily functions of the residents of this municipality: I THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John go on record as endorsing the concepts of equality of the individual and urge the citizens of the municipality to recognize and respect the human rights inherent to each person.". Question being taken, the motion was carried. II On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the Bayside Lawn Bowling Club expressing the understanding that, with regard to its proposal at the public., meeting concerning the development of Rockwood Park for five acres of land in the park area for the establishment of a lawn bowling facility, such proposal was included in the Marshall, Macklin & Monaghan submission to the City but that the matter had been accorded low priority due to the fact that it was the expressed opinion that the maintenance costs of the greens was considered quite costly; advising that it had not been intended that the City would be responsible for such work and that all the Club asked for was that the land be made available; and requesting favourable consideration to the request for the required land -- be referred to the City Manager and the consultant for analysis and a report to Council. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Fundy Aquatic Club requesting Council to subsidize its pool time at the Canada Games Aquatic Centre be referred for consideration in the 1988 operating budget. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. vincent RESOLVED that the item with regard to the sale of land on Ashburn Road be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor A. Vincent . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council resolution of October 5, 1987 authorizing the sale of land west of Ashburn Road to Brookbank Holdings Ltd. be amended to read the land be sold to J.D. Irving, Limited with all other portions of the resolution to remain unchanged. Question being taken, the motion was carried. I --- Councillor A. Vincent asked that the letter from Lakewood Heights Home and School Association, which was forwarded to Council members as an information item, be added to the agenda for consideration. On motion of Councillor A. Vincent Seconded by Councillor MacDougall RESOLVED that the above-noted item I be added to the agenda. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that the letter from Lakewood Heights Home and School Association expressing their appreciation for the continuance of the concrete sidewalks on Lakeview Drive ,-- be received and filed. . ~ ,....- 44::1 Question being taken, the motion was carried. . Councillor Schermerhorn requested information on discussions regarding the clean-up of the former Rockwood Park school property, to which Mr. Todd replied that he will report on the matter at the next meeting of Council. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn . RESOLVED that this meeting be adjourned. I ~W~/f~ Common Clerk I . I . I I . ...... ~ 45U ,At a meeting of the Common Council, held at the City Hall in the City of Salnt John, on Monday, the twenty-third day of November, A.D. 1987, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J.Brown, Assistant City Manager ~ Development; F. Rodgers, City SOlicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J., C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property 11anagement; S. Armstrong, Director of Engineering; J. Levesque, Director of Communi- cations and Public Relations; J. Brownell, Assistant Director of Recreation; Mrs. M. Hunford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I Father J. A. LeBlanc of St. Pius X Roman Catholic Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on November 16, 1987, be approved. Question being taken, the motion was carried. . Her Worship the Mayor noted that, as indicated in a notice (copies of which were forwarded to Council members as an information item) from Festival By The Sea - Festival Sur Mer, Inc., the one-hour National Television Special Presentation featuring Festival By The Sea will be aired on the CTV National Television Network on November 29, 1987. Her WorShip the Mayor welcomed to the Council Chamber Mr. Rolf Spangenberg, Chairman of the Olympic Torch Run in Saint John and Mr. Spangenberg addressed Council on the activities scheduled for November 28, 1987, the day on which the Olympic Torch will be carried through Saint John on its run to the 1988 Winter Olympic Games to be held in Calgary, Alberta. I Her Worship the Mayor displayed a 1988 calendar depicting chess pieces in various formations for each month of the year and commended students from Simonds High School, several of whom were present in the Council Chamber, who designed and produced the calendar,uand Mr. Paul Matheson, Arts Teacher at Simonds High School, commented on the design and format of the calendar. The Common Clerk advised that the necessary advertising was completed with regard to re-zoning a parcel of land located at 14 wildwood Street (L.R.I.S. Number 431155), from "R-2" One- and Two-Familv Residential to "R-4" Four-Family Residential classification, to place the existing three family dwelling into a zone which permits this use, as requested by Sophie Jiang, and that no written objections were received in this regard. No persons were present with respect to the proposed re-zoning. . Consideration was given to a letter from the Planning Advisory Committee recommending that the parcel of land located at 14 Wildwood Street (L.R.I.S. Number 431155) be re-zoned from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar:.as'it,concerns re- zoning a parcel of land located at 14 wildwood Street (L.R.I.S. Number 431155), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a first time. I ~ Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 14 wildwood Street (L.R.I.S. Number 431155), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a second time. . ~ ".... 45~ Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. I On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that as recommended by Mayor Wayne, the matter of installing a flashing yellow light in the area of St. Pius X Parish Church on Somerset Street be referred to the City Manager and appropriate City staff for further review and a report to Council at the next meeting. I During discussion it was noted that Council considered the above matter at its meeting of January 26, 1987 at which time, in receiving and filing the City Manager's report, the St. Pius X Parish Council was requested to monitor the situation for six months and advise Council accordingly. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that, with regard to the petition from workers in the Kanes Corner area of the City requesting action to limit the blowing of train whistles at the level crossing on Thorne Avenue which was considered on October 5, 1987, staff has discussed the matter with officials from Canadian National Railways and the Canadian Transport Commission and has also contacted other cities involved in procedures to limit the blowing of train whistles and that the matter is somewhat complex and more material and information is still being obtained and that a full report should be ready for Council within the next month -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded :by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard Paving Maritime Limited - supply of asphalt November 4-10, 1987 - supply of asphalt November 12-17, 1987 $27,578.95 $ 4,303.79 Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Petro-Canada Inc. have been completed and that the required waiting period for objections expired on November 18, 1987 with no written objections having been received. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of Petro-Canada Inc. for a Municipal Plan amendment regarding property at 249 Bayside Drive and an 18 foot wide strip of land immediately to the north of the said property be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 4, 1988. . '. Question being taken, the motion was carried. I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports I Your COmmittee begs leave to report that it sat on November 16, 1987, when there were present Mayor Wayne and Councillors Davis, Gould, Flewwelling, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the fOllowing recommendations, namely:- 1. That as recommended by the City Manager, Cones Ice Cream Co. Ltd. be granted a one-year extension to operate an ice cream kiosk at Market Slip, with the license period to be from May 15 to September 15, and the license to include the sale of tea and coffee. . 2. That. as recommended by the City Manager, the premises at 47 Princess Street, having an area of approximately 1,680 square feet, be leased to Gloria Kilpatrick operating under the name Wholesome Foods, under the following terms and conditions: (1) Rent _ $650.00 per month in advance; (2) Term - January 1, 1988 to December 31, 1988 with an option to renew at a negotiated rent for the period January 1, 1989 to December 31, 1991; (3) City responsibilities: (a) retile the floor; (b) replace washroom fixtures and supply hot water to the sink; (c) replace light fixtures with more modern fluorescent lights; (d) upgrade the heating and insulation in an attempt to reduce the heat in the premises; (e) provide heat and electricity; and (4) Tenants responsibilities: (a) removal .... ~ 462 of centre wall before floor is retiled and relocation after floor is finished; (b) painting and decorating; (c) cleaning of the premises including the windows and removal of garbage; (d) replacement of burned out light bulbs; (e) receive approval of Housing and Property Management before any renovations are started. . 3. That as recommended by the City Manager, land on Milford Road, known as L.R.I.S. Number 405381, be sold to Mr. Dennis Cormier for a price of $12,000.00 under the normal terms and conditions. November 23, 1987 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. I Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, that section 1 of the above report be adopted; and during discussion Councillor Flewwelling, in expressing the o~inion that the City should tender the subject property, asked if in accordance with the agreement with Cones Ice Cream Co. Ltd. the building has been removed to which Mr. Barfoot replied that the building is still on the site in view of council's consideration of the proposed one-year extension for the operation. The Mayor asked if it is necessary for the building to be removed and if its presence on the site would interfere with snowplowing operations and suggested that the building could be left on the property for one year and the situation monitored. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted: AND FURTHER that Cones Ice Cream Co. Ltd. not be required to remove the building for this year and the situation be monitored. . Question being taken, the motion was carried with Councillors Flewwelling and M. Vincent voting "nay". On motion of Councillor Schermerhorn. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Q I On ~otion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, land on Milford Road, known as L.R.I.S. Number 405381, be sold to Mr. Dennis Cormier for a price of $12,000.00 under the following terms and conditions: (1) he be given an option until June 30, 1988 to purchase the land at the said price, the option to cost $1,200.00 and to be used as part of the purchase price when the pro~erty is transferred, (2) during the option period, he will have the land surveyed and a tentative plan prepared that is acceptable to the Community Planning Department, such plan to show the power line easement and sewer easement that must be retained and the preparation of the plan is a condition of exercising the ootion, (3) the option will be signed within 30 days of approval by Common Council and transfer of the property will take place within 30 days of exercise of the option, (4) the option price of $1,200.00 will be returned if the tentative plan is submitted but not approved or if financing is unavailable and (5) the City will retain an option to reacquire the oroperty for the purchase price if a subdivision plan is not filed within one year of the transfer of the property. . It was noted that the above terms and conditions were recommended by the City Manager in his letter dated November 19, 1987 which was considered by Council in Committee of the Whole earlier this date. (Councillor Schermerhorn withdrew from the meeting.) I Question being taken, the motion was carried. On motion of Councillor Gould. Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Gladys Forbes, an employee of the Police Department, on an actuarially-adjustedpension"effective December 4, 1987, in accordance with Section 4(2) of the Pension Act. I Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Central Business Development Corporation submitting a copy of the 1988 Strategic Plan and Budget which was approved by the Corporation's Board of Directors and Membership; advising that the levy is 9.5 cents per $100.00 evaluation which represents no change from 1987 and the gross budget based on the provincial tax base plus other sources amounts to $215,437.00, and requesting Council's approval in this regard. . ...4 ,... ,\, .\~.. ftif' On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that authority be granted for the necessary advertising with respect to the 1988 budget of the Saint John Central Business Development Corporation. Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Rogers RESOLVED that permission be granted to the Knights of Columbus, Council 937, to place a Nativity Scene and its float in King Square during the 1987 Christmas Season. Question being taken, the, motion was carried. I Councillor Rogers noted that the Knights of Columbus' Annual Torch Light Parade is scheduled for December 16, 1987, and presented to the Mayor a certificate of merit for the City from the Canadian Safety Council in recognition of Saint John's fatality-free safe driving week in 1986. (Councillor MacDougall withdrew from the meeting.) On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . ~ ~rn.m~ I ,"\ . . I I . .... 454 At a meeting of the 'Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of November, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City l1anager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Com- munity Planning; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Municipal Operations; J. Levesque, Director of Communications and Public Relations; J. Brownell, Assistant Director of Recreation; J. Griffin, Traffic Engineer; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I Captain M. Peley of the Salvation Army Hostel offered the opening prayer. " On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on November 23, 1987, be approved. . Councillor Rogers stated that she is not shown in the above minutes as having voted in opposition to the sale of land on Milford Road Mr. Dennis Cormier. to Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the City Manager's items regarding on-street parking as it affects snow removal, the Rockwood Park School property and a pollution monitoring station in Forest Hills (which were included on the Committee of the Whole agenda of this date) be added to the agenda for consideration at this meeting. I Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor MacDougall RESOLVED that the Common Council of the City of Saint John express appreciation to the CTV National Television Network for the airing on November 28, 1987 of its special presentation featuring Festival By The Sea. Councillor MacDougall suggested that a copy of the above letter should be, forwarded to the Prime Minister. . Question being taken, the motion was carried. Councillor Vaughan commented on the plans for the December 4, 1987 Christmas Tree Lighting Ceremony and Councillor Rogers suggested that a letter should be forwarded on behalf of the Mayor and Council to congratulate the co~winners of the 1986-1987 Board of Trade Awards for Small Business, namely, Mother Nature's Pita Bakery & Restaurant and Pete's Frootique. I ...,..--~ The Common Clerk advised that the necessary advertising was completed with respect to the proposed closing of Reserved Street off Ridge Rowand that no written objections were received in this regard. No person was present to speak against or in favour of the proposed street closing. On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways 'In The City Of Saint John", with respect to closing Reserved Street off Ridge Row, be read a first time. I Read a first time the by-law entitled, "A By-Law To Amend A By- Law Respecting The Stopping Up And Closing Of Highwavs In The City Of Saint John" . Question being taken, the motion was carried. . ....4 ".... 456\ ". ,< , On motion of Councillor Knibb . Seconded by Councillor Vaughan ,~ RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing Reserved Street off Ridge Row, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. I On motion of Councillor Flewwelling I Seconded by Councillor Rogers RESOLVED that the letter from Councillor Flewwelling requesting that the Traffic By-Law be revised in order to eliminate parking on both sides of Prospect Street in place of the oresent one-side restriction which exists on this street in view of the extreme difficulty transport trucks face in turning into the street and the resulting property damage on Prospect Street -- be referred to the City Manager for investigation and a report to Council. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that he will be resigning his position as City Manager of the City of Saint John effective February 1, 1988, and expressing appreciation for the support of the Mayor and Council. On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John accept with regret the resignation of Mr. Ronald S. Clark from the position of City Manager of the City of Saint John, effective February 1, 1988, and extend best wishes to him in his future endeavours. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authori ty be granted for payment of the following invoice, namely: _ . Standard Paving Maritime Limited - supply of asphalt November 18-24, 1987 $31,231.74 I Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Crackfilling 1986 Road Savers Maritime Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November; 24, 1987 Final holdback release $23,025.00 20,025.00 Nil 17,021.25 . $ 3,003.75 Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Harrison & Crosfield Ltd. be accepted for supplying 3500 kilograms of potassium permanganate at a cost of $3.69 per kilogram. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Mr. Robichaud explained that the above work clothing is issued, in every case, on the approval of the individual superintendent from the stores on Rothesay Avenue and confirmed that such issues are properly controlled. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager concurring with the recommendation in the submitted letter from the City Solicitor's Office respecting a request from Mr. William Ryan, solicitor on behalf of Mr. Everett Anderson, for an easement permitting the encroachment of a building on Visart Street. .... '456 ~.. On motion 'of councillor Knibb Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute an easement in favour of Everett Anderson to permit the encroachment of his building on Visart Street; such easement to terminate with the destruction or removal of the encroachments. Question being taken, the motion was carried. Read a letter from the City Manager advising that Mahogany Heights Inc., the developer of Mahogany Heights Subdivision - Phase 1, has now completed part of the work in accordance with an agreement with the City of Saint John entered into on July 15, 1987, with the work yet to be completed estimated at $50,000.00, and recommending a reduction of the security am~unt for the remaining work at Mahogany Heights Subdivision - Phase 1. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Mahogany Heights Subdivision - Phase 1, be reduced to $50,000.00 from the existing amount of $175,000.00. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager concurring with the recommendation in the submitted report from the Commissioner of Finance advising that the New Brunswick Municipal Finance Cor~oration was successful in selling its eighth bond issue and that the terms, as they relate to the City of Saint John, are as follows:- term: 10 years, serial form in equal annual amounts; coupon rates: 1 year - 9.50%, 2 years - 9.75%, 3 years - 10.00%, 4 years - 10.00%, 5 years - 10.25%, 6 years - 10.25%, 7 years - 10.50%, 8 years - 10.50%, 9 years - 10.50%, and 10 years - 10.50%; price: $99.37 per $100.00; yield to marturity - 10.493%; and settlement date: December 22, 1987; and noting that the terms of this issue are within the limits approved by Common Council on October 26, 1987. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the debenture between the City and the New Brunswick Municipal Finance Corporation for $6,500,000.00 which will set out the terms of the issue listed above. Mr. Wilson noted the difficulty in timing bond issues and advised that representatives of the Corporation are pleased with the timing of the above issue and the rates, the latter which are lower than the City budgeted. Question being taken, the motion was carried. Read a letter from the City Manager submitting a letter from the Commissioner of Finance advising that the Board of Trustees of the City of Saint John Pension Plan approved Mr. John Gallagher's application for long- term disability, Mr. Gallagher being one of the City's signing officers; also advising that, although it is not intended to fill Mr. Gallagher's position for the next four months, it is necessary to have a third signing officer for the interim period, and concurring with the Commissioner of Finance's recommendation that the banking resolutions of June 20, 1983 and June 27, 1983 be rescinded and the submitted resolutions approved. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED A. That the resolutions dated June 20 and 27, 1983 relating to the operation of bank accounts for The City of Saint John with The Bank of Nova Scotia be and are hereby rescinded: B.l. That accounts in the name of The City of Saint John (herein called the "City") and bearing the following names and numbers shall be kept at The Bank of Nova Scotia: Current Account Payroll Account 0053-12 0001-16 2. That any two of the Commissioner of Finance Deputy Commissioner of Finance Budget Officer be and are hereby authorized on behalf of the City: (a) to borrow money from The Bank of Nova Scotia upon credit of the City on cheques, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; ~ . I I . I . I I . ....4 ".... '~4:5 '} . I I . I (b) to sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. 3. That anyone of: Commissioner of Finance Deputy Commissioner of Finance Budget Officer " be and is hereby authorized by the City: (a) to negotiate with or transfer to The Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; (b) to arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) to delegate any authority conferred on such person by subparagraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That the City shall furnish the Bank with a list of names of all persons authorized by this resolution to do any act or thing, together with specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. 6. That this resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowleged by the Bank. C;l. That notwithstanding resolution B.2(b) The Bank of Nova Scotia is authorized and directed to pay any and all cheques, promissory notes, bills of exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of The City of Saint John. . I 1. 1 2. . .... 2. That in consideration of The Bank of Nova Scotia's paying or negotiating cheques, promissory notes, bills of exchange or otherwise issued on behalf of The City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance, and the Deputy Commissioner of Finance, the City of Saint John will and does hereby undertake to hold The Bank of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED: That the resolution dated June 20, 1983 concerning signing officers for The City of Saint John Bank Accounts and securities with the Bank of Montreal be and is hereby rescinded and the following resolutions be adopted in its stead:- That all cheques of the Municipal Corporation of The City of Saint John (herein called the "City") drawn on the following accounts: 7000 - 098 Sinking Fund 5067 - 467 O'Connell Trust 5067 - 475 Tucker Trust 5067 - 483 Ross Memorial Trust 5067 - 491 Stockford Memorial Trust 5067 - 520 Recreation Development Fund 5067 - 547 Land Subdivision Trust 5067 - 555 Equipment Replacement Fund 5067 - 563 A. Carle Smith Trust shall bear the signature of any two of the following officers: -.., 458 Commissioner of Finance Deputy Commissioner of Finance Budget Officer . 3. That notwithstanding resolution No. 2 the Bank of Montreal is authorized and directed to pay any and all cheques against the said accounts which maybe presented for payment bearing the facsimile signatures impressed thereon by mechanical means to all intents and 9urposes as though such signatures had been signed by the said officers in their own handwriting and duly issued by them with the authority and on behalf of The, City of Saint John. . 4. That in consideration of The Bank of Montreal's paying or negotiating cheques issued on behalf of The City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Deputy Commissioner of Finance, The City of Saint John will and does hereby undertake to hold the Bank of Montreal harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque on which the facsimile signatures have been wrongfully impressed. I '0 5. That the Commissioner of Finance, Deputy Commissioner of Finance or Budget Officer of the City of Saint John be and is hereby authorized for and on, behalf of the City to negotiate with deposit with or transfer to the Bank of Montreal (but for credit of the said City's accounts only) all or any bills of exchange, promissory notes, cheques or orders for payment of money and other negotiable papers and for the said purposes to endorse the " same or any of them on behalf of the City either in writing or by rubber stamp. I 6. That the Commissioner of Finance, Deputy Commissioner of Finance or Budget Officer is hereby authorized for and on behalf of the said City from time to time to arrange, settle, balance and certify all books and accounts between the said City and the Bank; and to receive cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balance and release. . 7. That any two of the following officers, namely: Commissioner of Finance, Deputy Commissioner of Finance or Budget Officer be and are hereby authorized for and on behalf of the said City to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safekeeping or otherwise for the accounts of the City and to give valid and binding receipts therefor. 8. That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being at the Branch of the Bank at which the accounts of the City are kept and receipt of such notice duly acknowledged in writing. I Question being taken, the motion was carried. Read a letter from the City Manager advising that the Provincial Department of Municipal Affairs and Enviornment has requested permission to use the site between Morley Crescent and Glengarry Drive for at least two years to establish a precipitation sampling unit in the City but does not want a formal lease arrangement; suggesting that this unit would be an advantage to the City as it will be used to establish the level of pollution problems including acid rain, and submitting a recommendation for Council's consideration. On motion of Councillor Rogers . Seconded by Councillof Vaughan RESOLVED that as recommended. by the ,City Manager, (1) the Provincial Department of Municipal Affairs and Environment be granted a license at a cost of $1.00 for the location of a precipitation monitoring station on a 10 x 10 foot portion of City-owned land in Forest Hills identified as part of L.R.I.S. Number 416537 with access to be permitted by foot only and (2) the Province be advised that the site is to be left clean when no longer used for this purpose, and that approval of the use by the Planning Advisory Committee is required under the Zoning By~Law. ' _ During discussion the number of monitoring stations, the purpose of same and the monitoring thereof was broached, and Mr. MacKinnon explained that there are two situations represented by the City's request for additional monitoring stations across the City in general and NB Power and the Federal Government's program to monitor and create a computer program of pollutants resulting from the Coleson Cove area, and that the above station is part of the latter program which is a two-year program at the end of which it is hoped the City will be in a position of having such station remain, while at the same time the City will continue to request additional stations and better location of the existing stations. I -~ 1 Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the former Rockwood Park School property (which was considered by Council on September 14, 1987), the Provincial tender' ,. for which was not awarded because the City made a request that such property . ...4 ".... 459 be transferred to it for $1.00; advising that, in addition to such property, there is a number of other properties owned by the Province that would be of interest to the City, and that the City has a property on Manawagonish Road which the Province would like to acquire; also advising that a number of properties that could be included in an exchange of properties was discussed at a meeting with a Provincial Government representative and the City has requested that an appraisal be completed on the Manawagonish Road site and the Province has agreed to share the cost, following which another meeting will be held with the Province with a report and recommendation to be made to Council to hopefully resolve the problem of the former Rockwood Park School property; and concluding that, although the Province is not prepared to spend any money on the property at this time, it is anxious to complete the exchange of lands and, upon the approval of the Council and the Provincial Government, the City could then do whatever is necessary to improve the appearance of the building -- be received and filed with a report to Council following the meetings with the Province. . I During discussion it was suggested that the former Rockwood Park School property should be dealt with separate from any other property matters with the provincial Govern- ment, and the status was questioned of Common Council resolution of September 14, 1987 with respect to ensuring the reversion of property to the City through a rider to all agreements between the City and other levels of government and services agencies. I Question being taken, the motion was carried. . Read a report from the City Manager regarding on-street parking as it affects snow removal, staff having reported in Committee of the Whole on November 2, 1987 on the problems parked cars create for snow control operations; noting that, concerning the three options of (1) retaining the status quo, i.e. basically no further restrictions for on-street parking, (2) instituting a general night parking ban, between 12:00 midnight and 7:00 a.m., City wide and (3) instituting an as-required ban for the South End only, Council directed staff to seek further input from South End residents at a neighbourhood meeting on November 5, 1987; advising that no one in attendance at the meeting spoke in favour of option #2 and approximately half the persons at the meeting who voiced an opinion on possible solutions favoured option #3 and approximately half favoured alternate side parking restrictions, and explaining why staff is not in favour of alternate side parking as an aid to snow control in the South End, such issues related to operational feasibility with costs related to street signage and enforcement also to be considered. The report suggests that clearly the as-required ban is not as operationally advantageous as a total ban, City-wide, and requires signage where a total ban does not; however, staff considers the as-required ban to be a workable solution and the best compromise between a total ban and retaining the status quo and will effect a much improved snow control service in the South End; also suggests that Council should be aware of the precedent-setting nature of this proposal on the basis that, while the cost of signage for this ban in the South End is minimal, the signage cost expanded over the whole City would be substantial and that, as additional areas of the City require snow control related parking bans in the future, Council should consider implementing a total ban, City-wide, except as covered by the proposed South End as required ban. The report sets out the action required upon implementation of the proposed partial ban; summarizes that the options in order of staff's preference are (1) a total 12:00 midnight to 7:00 a.m. City-wide ban, (2) a partial ban, 9:00 a.m.-3:00 p.m. the day after a 3" snowfall accumulation, in the South End only, and (3) no change from the status quo; emphasizes that no change is preferred over the alternate side parking option, and recommends that Council direct staff to proceed with a partial winter parking ban, for the South End only, as outlined in this report, with the proposed amendment to the Traffic By-Law to be submitted for Council's consideration in open session on December 7, 1987 with the ban to take effect January 1, 1988. I On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council approve the option of a partial parking ban, 9:00 a.m. - 3:00 p.m., the day after a 3" snowfall accumulation, in the South End only, in an attempt to improve snow control service in the City. I Copies of a map and snow routes for the South End area of the City were distributed to Council members, and Mr. Jamer noted that the proposed partial ban would require an amendment to the Traffic By-Law and staff would report to Council in the spring of 1988 on whether or not the partial ban should be continued. Discussion ensued regarding whether it would be the responsibility of the City or the citizen to determine if the snowfall accumulation is 3 inches and whether or not the ban would occur if the accumulation was close to the 3" mark and Mr. Levesque advised that it is staff's intent to prepare a package for distribution to every household in the South End area of the City and that the latter situation could be explained through the local news media. Question being taken, the motion was carried. \ On motion of Councillor MacDougall 1 Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to a partial, South End only, parking ban, be read a first time. Read a first time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried. . On motion of Councillor MacDougall Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to a partial, South End only, parking ban, be read a second time. l .., 460 Read a second time the by-law entitled, "A By-Law To Amend A By- Law Respecting Traffic On Streets In The City Of Saint John Hade Under The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-117 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 14 wildwood Street (L.R.I.S. Number 431155), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "By-Law Number C.P. 100-117 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. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Harris and Roome Limited regarding property at 40 Broad Street, have been completed and that the required waiting period for objections expired on November 25, 1987 with no written objections having been received. I On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the application of Harris and Roome Limited for a Municipal Plan amendment and re-zoning of property at 40 Broad Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 11, 1988. . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on November 23, 1987, when there were present Hayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and I~. Vincent, and your Committee submits the following recommendations, namely:- I 1. That as recommended by the City Manager, Mr. Francis Jesso be advised that the parcel of land on Sandy Point Road adjoining his property is not for sale at the present time. 2. That as recommended by the City Manager, Fundy Cablevision Ltd. be leased approximately 44 acres of land off Sandy Point Road under the following terms and conditions:- (1) the lease to be for a period of 10 years from January 1, 1988 to December 31, 1997, (2) the rent to be $150.00 per year in advance, (3) the lease will contain the clauses shown on the submitted Schedules "B" and "C"; and (4) the lessee will be responsible for any surveyor legal cost involved with establishing the property boundaries or preparation of the lease documents. . 3. That as recommended by the City Manager, the Provincial Department of Transportation be advised that the City is not interested in the acquisition of its land in the Latimer Lake area and the Province be thanked for making the City aware of its availability. 4. That as recommended by the City Manager, (1) the necessary advertising be authorized with regard to closing Skaling Court as shown on a plan filed in the Saint John Registry Office as File 40 No. 54; (2) a new plan be prepared showing the right-of-way in the proper location with the cost of this work to be borne equally by the City and Mr. John Ritchie; and (3) if the street closing is successful, the land lying between the old and new right-of-way be deeded to John Ritchie or his successor in title to the adjoining property, and the land required for the new right-of-way will automatically vest in the City on the filing of the new plan. I November 30, 1987, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. 1 On motion of Councillor Flewwelling report be adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above Question being taken, the motion was carried. . J ".... 4tH On motion of Councillor Knibb . adopted. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Flewwelling I adopted. Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be Question being taken, the motion was carried. On motion of Councillor Knibb adopted. Seconded by Councillor Flewwelling RESOLVED that section 4 of the above report be I Question being taken, the motion was carried. Consideration was given to a letter fIOm the Saint John Parking Commission advising that the Commission has decided to cross train its commissionaires to work as both parking attendants and by-law enforcement officers which will allow flexibility in the case of sickness and/or holidays, and submitting a resolution for Council's approval. On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By- Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Robert Wayne Davidson: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. I On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Environment Committee noting that, by virtue of Regulation 87-47 - Order-in-Council 87-326 under the Municipalities Act, municipalities in New Brunswick are now empowered to pass non-smoking by-laws; stating that, in view of the general direction of governments to control smoking in pUblic places, the Committee again feels that it is now appropriate for the Council to give serious consideration to enacting an appropriate smoke control by-law, and offering to have a Committee reporesentative meet with City staff to consider and propose a form of by-law for Council's consideration -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the letter from the Commanding Officer of 3015 St. Martins Royal Canadian Army Cadets requesting Council to review the request of 1691 Saint John Army Cadet Corps, which was denied the use of the Official City crest on the Corps Flag on November 16, 1987 -- be received and filed. Question being taken, the motion was carried. I On motion of Counci,llor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjou~ned. Question being taken, the motion was carried. 1 L/kd~(A (a//+d ommon Clerk . .... ...., 4,62 At a meeting of the tommon Council, held at the City Hall in City of Saint John, on Monday, the seventh day of December, A.D. 1987, 7:00 o'clock p.m. the at present Elsie E. Wayne, Mayor Councillors Davis, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent . - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; C. E. Nicolle, Director of Recreation an~ Parks; M. Jamer, Director of Municipal Operations; S. Galbra1th, Director of Supply and Services; J. Levesque, Director of Communications and Public Relations; N. Hill, Heritage Planner; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Griffin, Traffic Engineer; C. Campbell, Planning Department; J. Baird, Planning Department; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I Reverend Leander Mills of Silver Falls United Church, offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that a copy of a letter from the Saint John Medical Society to the Minister of Health and Community Services regarding development in the Loch Lomond watershed (a copy of which was forwarded to Council members as an information item) and the matter regarding land on St. Andrews Street which was sold to Saint John Non-Profit Housing Inc. (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 30, 1987, be approved. I Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to re-zoning an area of land of 31.28 hectares with frontage on Westmorland Road, McAllister Drive and Mark Drive, which includes parcels with L.R.I.S. Numbers 424309, 437467, 437475, 430504, 427518, 55008098, 55008247 and parts of L.R.I.S. Numbers 408716, 438051 and 285932, from "I-R" Restricted Industrial or "I-I" Light Industrial to "SC" Shopping Centre classification, to permit the expansion of McAllister Place with the addition of 22,234 square meters (239.337 square feet) of new space and associated parking areas, as requested by Tritor Developments Ltd., and that no written objections were received in this regard. . Consideration was given to a letter from the Planning Advisory Committee recommending that the approximate 18.6 hectares (46 acres) required for the development of the proposed expansion to McAllister Place be re- zoned from "I-I" Light Industrial and "I-R" Restricted Industrial to "SC" Shopping Centre classification on condition that the applicant enter into an agreement with the City pursuant to Section 39 of the Community Planning Act, prior to third reading, which will detail among other things: (a) the magnitude of the proposal being approved and the location of the building in relation to internal access roads; (b) the financial contribution of the applicant to road improvements; (c) the vesting of additional road right- f-way if required; (d) the responsibility of the applicant to provide a left-hand turn lane on Mark Drive and upgrading of the signalized intersection n Westmorland Road between the applicant's site and Parkway Mall; (e) the tandard of internal access roads acceptable to the Director of Engineering; (f) the financial contribution of the City to the developer for designing and construction of a sanitary sewer system, including pumping station and forcemain; (g) the responsibility by the applicant for the design, installation and main~enance of a ,stor~water ,sto~age system acceptable to the City; (h) the requ1rement that al~ electrical power service be provided underground; and (i) the landscaping detaiL, including treatment of transition area. I ,~ I Mr. Brian Mosher, solicitor for Tritor Development Ltd., appeared in favour of the above-proposed re-zoning and noted the presence in the Council Chamber of Mr. Beggs, Principal, and Mr. H. Irwin, Fredericton Manager, of Tritor Development Ltd. Mr. Mosher advised that the applicant would like to start the proposed expansion as soon as possible in 1988 with completion anticipated by the spring of 1989, the proposed cost of the . ~ ".... '.4~63 project being approximately $25 million with 470,000 man-hours of work involved, the latter representing approximately 226 persons for over a year, and that the compl~ted project will employ at the site approximately 1,500 persons. Mr. Mosher also adv1sed that because of the concern of the Planning Department that a portion of the area does not ~how the stage of development, the applicant is willing to modify the application t? agree to re-zone 46 acres rather than the 79.5 acres in the proposal, and that the app11cant accepts the Committee's recommendation on the basis that the applicant has been assured that a fair agreement can be negotiated for the City and the applicant. . On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the approximate 18.6 hectares (46 acres) of land required for the development of the proposed expansion .to McAllister Place, from "I-I" Light Industrial and "I-R" Restricted Industrial to "SC" Shopping, Centre classification, subject to an agreement pursuant to Section 39 of the Commun1ty Planning Act as recommended by the Planning Advisory Committee, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint .1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the approximate 18.6 hectares (46 acres) of land required for the development of the proposed expansion to McAllister Place, from "I-I" Light Industrial and "I-R" Restricted Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. I Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to re-zoning a parcel of land containing approximately 18.5 acres and being a portion of L.R.I.S. Number 403535 and located between Gault Road and Highway #7 near the intersection of Manawagonish Road, from "RF" Rural to "RSS" One-Family Serviced Suburban Residential classification, to permit development of a subdivision containing approximately 40 lots for one-family houses with paved streets, City water and sanitary sewers but with open storm drainage and overhead power, telephone and cable television lines, as requested by Hughes Surveys & Consultants Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. . Consideration was given to a letter from the Planning Advisory Committee recommending that a parcel of land, containing approximately 18.5 acres and being a portion of L.R.I.S. Number 403535 and located between Gault Road and Highway #7 near the intersection of Manawagonish Road, from "RF" Rural to "RSS" One-Family Serviced Suburban Residential classification. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns a parcel of land, containing approximately 18.5 acres and being a portion,of L.R.I.S. Number 403535 and located between Gault Road and Highway #7 near the intersection of Manawagonish Road, from "RF" Rural to "RSS" One- Family Serviced Suburban Residential classification, be read a first time. ohn. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law f the City of Saint John, insofar as it concerns re-zoning a parcel of land, containing pproximately 18.5 acres and being a portion of L.R.I.S. Number 403535 and located between ault Road and Highway #7 near the intersection of Manawagonish Road, from "RF" Rural to "RSS" One-Family Serviced Suburban Residential classification, be read a second time. ohn. Read a second time the by-law to amend the Zoning By-Law of the City of Saint . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning dvisory Committee regarding the above-proposed amendment be received and filed. ~ 464 ..., , Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land with an area of 9,430 square meters located at 1233 Loch Lomond Road (L.R.I.S. Number 55037923), from Low Density Residential to District Centre Commercial classification, to permit the re-zoning of the parcel, in conjunction with the adjacent property, for an expansion to Hals, as requested by 146381 Canada Inc. doing business as Multi-Mac Holdings. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Limited - supply of asphalt November 25-30, 1987 $27,657.26 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the City Manager, authority be granted for payment of progress certificate, namely:- as recommended by the following construction 1. Contract 87-6, Northumberland Avenue Storm Sewer (714) Master Enterprises Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 30, 1987 Final holdback release $72,01l.00 65,349.89 Nil 53,616.06 $ll, 733. 83 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted to order 536 sweaters from Niagara Knitting Ltd., at a cost of $25.00 each, for World Chess Festival volunteers. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Rogers RESOLVED that the letter from the City Manager advising that, with regard to the matter of pedestrian cross- walks on Somerset Street in the area of St. Pius X Church which was discussed on November 23, 1987, the cost to install a lighted pedestrian crosswalk sign, similar to the type on City Road near Delhi Street, is estimated to be $5,000.00 and,as this measure may not reverse the trend of crossing the street away from the designated crosswalk, it is difficult to justify the expenditure as a cost efficient safety measure; submitting a sketch of the area in question which indicates that the problems in this area could be practically eliminated if the parking lot could be relocated to the Church side of the street; also advising that the Engineering Department will discuss the level of street lighting with The Power Commission of the City of Saint John, although the existing crosswalk is located directly under a street light; concluding that the installation of an illuminated crosswalk sign may help to make the crossing more attractive to pedestrians and hopefully encourage more pedestrians to cross the street at the proper location; and recommending that staff be authorized to proceed with the installation of a lighted crosswalk sign on Somerset Street -- be received and filed and the recommendation adopted. During discussion it was suggested that staff should submit a report to Council in approximately three months advising how the situation is working out, and Mr. Armstrong explained that the lighting selected is the same as that used in other areas of the City in order to standardize on the type of equipment used on crosswalks, and also advised that the lighting in the area of St. Pius X Church will not be in place until possioly the spring of 1988. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that some residents of Belgrave Street between Mount Pleasant Avenue and Park Avenue are concerned about the practice of parking on a narrow street especially when this restricts snow plowing operations and that staff concurs with the request to ban overnight parking for . I 1- . I . I r I . ~ ".... 465 reasons of safety and efficiency and also because City transit buses use this route; also advising that every residence on the street has access to off-street parking but that . some driveways were not cleared of snow at the time of staff inspection; and recommend1ng that Council give first and second readings to a Traffic By-Law amendment to prohibit overnight parking on Belgrave Street between Mount Pleasant and Park Avenues and refer the matter to the Legal Department for appropriate action be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Belgrave Street, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". . I "nay~li: Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Schermerhorn I Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Belgrave Street, be read a second time: AND FURTHER that the proposed amendment be referred to the Legal for appropriate action. Department Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". . IInay" . Question being taken, the motion was carried with Councillor Rogers voting On motion of Councillor Schermerhorn I Seconded by Councillor MacDougall RESOLVED that the letter from the City Manager advising that, although in September 1986 the President of Garden Homes Holdings Incorporated and residents of Tartan Street mutually agreed that a total ban on parking would be too restrictive, the experience of last winter has now convinced both parties that a restriction on overnight parking would be the most acceptable manner of dealing with problems that arise when snow plowing operations are hindered by parked vehicles; concurring with the request to eliminate overnight parking; and recommending that Council give first and second reading to a Traffic By-Law amendment to prohibit overnight parking on Tartan Street between Forbes Drive and Millidge Avenue and refer the matter to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Tartan Street, be read a first time. Mr. Armstrong, respecting the question of whether the proposed parking restriction is to apply only during the winter months or on a year-round basis, the latter situation appearing to be the intent of the proposed amendment, expressed the understanding that the matter was brought to the City by the President of the Home Owners Association. . Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under'The Authority Of The Motor Vehicle Act, 1973". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I. RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Tartan Street, be read a second time: AND FURTHER that the proposed amendment be referred to the Legal Department for appropriate action. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973". I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager dvising that, with regard to the request of Bayside Lawn Bowling Club for a facility at Rockwood Park which was considered on October 31, 1987, the Recreation and Parks Department has worked closely since 1979 with the Club in improving the green and the clubhouse and that the Club executive now, with the 'additional work undertaken in 1987 including an improved water supply and with continued City assistance, wants to expend its energies in 1988 at Seaside Park in once again producing a quality green; also advising that the capital costs incurred at Seaside Park Lawn Bowling facility are in excess of $130,000.00 L " ... 466 . and membership will increase if a quality surface can be maintained at Seaside; also advising that a site for a major lawn bowling facility can be identified ' in Rockwood Park and, although all the Club is asking for is the land, the construction and operating costs would be substantial and there is little doubt that the City would be called upon to participate in both the capital and operating costs; and recommending that the Recreation and Parks Department continue to assist in the restoration of the Seaside Lawn Bowling facility in 1988 within its budget allocation and that a potential site be identified for another facility in Rockwood Park; however, that no City financial support be even considered for this development unless or until the current club at Seaside Park is able to demonstrate in a substantial way the need for such an additional facility, and has in place a membership capable and willing to spearhead the construction and maintenance of such a facility -- be received and filed and the recommendation adopted. . I Question being taken, the motion was carried. Mr. Dominick Eden of 17 Horsfield Street appeared on behalf of the Trinity Neighbourhood Association regarding the proposed snow removal parking ban in the South End of the City (which is the subject of third reading of a proposed Traffic By-Law amendment to be considered later in the meeting), and expressed the opinion that, as indicated at the recent meeting of South End residents, the residents feel that the proposed ban would cause very real hardship and inconvenience to many residents in the area with a walk of a mile or so involved. Mr. Eden urged the adoption of alternate-side parking as a solution to the problem which was considered by all at the South End meeting to represent the fairest and workable . solution to the problem. Mr. Eden read a letter from the members of City Centre Housing Co-Operative Incorporated who occupy 36 housing units on Elliott Rowand Pitt Street, expressing opposition to the proposed Traffic By-Law amendment restricting parking on streets in the South End after snowfalls which exceed three inches of snow and, in recommending that Council reconsider its practice of parking on alternate sides of the street, noting that such parking ban could greatly inconvenience residents who have special needs, such as the elderly, handicapped, etc., and suggesting that the ban discriminates against the South End and detracts from the attractiveness and marketability of the area as a whole. Mr. Eden filed with the Common Clerk the said letter and a petition with signatures of over 600 residents protesting the proposed snow clearance parking ban, and noted that, in accordance with the submitted copy of a local newspaper article, Mr. Jamer indicated that some form of alternate- side parking on the streets is the likeliest solution to the matter and that residents were not keen on the idea of full or partial parking bans and many endorsed alternate side street parking. Mr. Eden expressed concern with regard to (1) the ambiguity as to the exact time following an after-midnight snowstorm vehicles would have to be removed, (2) the inconvenience to shoppers and businesses due to vehicles being parked in the downtown area thereby adding to the already-congested parking situation therein, as well as the fact that some South End residents would be discouraged by the long walk to the downtown area, (3) the further alienation of persons who are shut-in as a parking ban discourages and inconveniences visitors, (4) who would be liable for the added risk people face from slipping on streets, etc. while walking to and from parking terminals, (5) will the streets be plowed during the snowfall or after the evacuation of the South End, (6) will the City supply shovels or taxi services for residents to and from parking lots, (7) the question of security in the parking lots, (8) are vehicles to remain in the designated areas if a snowfall lasts for several consecutive days, and (9) the reduction of the desirability of the South End as a residential area, and asked Council to table third reading of the proposed Traffic By-Law amendment for further discussion. I . I . Matters were broached concerning the possibility of alternate- side street parking causing a greater inconvenience to residents who would be required to move their vehicles nightly rather than only after snowfalls of a 3" accumulation; the concern exprssed by Mr. Eden that, if the proposed Traffic By-Law is enacted, there will be no future consideration to alternate-side parking" the latter which could be implemeFlted on a year-round basis thereby assisting in street cleaning operations during the year; an observation that Council intends to implement the street parking ban on a trial basis and to assess the situation at the end of April to determine if it is a resolution to the problem; and Mr. Jamer addressed the disposition of the matter based on the meeting of South End residents. Mr. Clark suggested that, as the City and residents have the mutual objective of trying to improve the snow control situation in the South End and, if there has been a misunderstanding about what the residents want, the matter should be tabled for one week for further review. Councillor Knibb, in noting the presence in the Council Chamber of Mr. Peter Teed, suggested that Mr. Teed be invited to address Council in this regard. I ~. On motion of Councillor Gould I Seconded by Councillor A. Vincent RESOLVED that Mr. Peter Teed be invited to address Council at this time. Question being taken, the motion was carried. Mr. Peter Teed of 12 Mecklenburg Street expressed opposition to the proposed street parking ban and expressed the understanding that the concern with alternate side street parking is with respect to'its enforcement. . ".... 467 Mr. Teed commented on the lack of off-street parking in the South End and the inconvenience to the residents who would be required to walk up to a mile to move their vehicles when it is determined necessary. . Mr. Griffin commented on the past experience of Saint John with alternate side street parking and compared Saint John's parking situation, snow removal measures, and storm characteristics with other cities, and Mr. Jamer confirmed the intent to try the street parking ban over the winter and assess the situation in the spring of 1988. The Mayor advised that Council would render a decision on this matter later in the meeting. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that, following the fires and explosions in the City on April 19, 1986, the Province reviewed its regulations concerning underground storage facilities and now requires that a storage tank over 2000 liters be registered and installed in a manner that meets the regulations; also advising that, in order to expedite this process, the Chief of the Environmental Protection Branch has requested that the City not issue building permits until an applicant .has received environmental approval from the Province; and recommending that the application procedure in the Building By-Law be amended by adding: "9.2.2. (h) providing a copy of the environmental approval for any petroleum storage system larger than 2000 L." -- be referred to the Planning Advisory Committee for a report and recommendation. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the lowest bid received meeting the specifications, terms and conditions of the tender for equipment rental be accepted as indicated in the ,submitted bid summary. Mr. Clark advised that the 1986 amount expended for equipment rental could be provided for Council, the basis on which equipment is rented was broached, and the matter of renting versus purchasing equipment was discussed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded' by Councillor Rogers RESOLVED that as recommended by the City Manager, (1) the sewer easement retained by the City on the property at 32 to 36 St. Andrews Street be enlarged to include the new pipes, the sale of such property to Saint John Non-Profit Housing Inc. having been authorized by Common Council resolution of November 17, 1986, and (2) a license be granted to Saint John Non-Profit Housing Inc. to allow the encroachment of the new building on the easement for the life of the building. Question being taken, the motion was carried. . Consideration was given to the Heritage Objectives Report of the Saint John Preservation Review Board noting the marked contribution heritage preservation is making in the City in terms of business, community pride and cultural awareness and setting out the principal objectives of Heritage Preservation in the City of Saint John as follows: (1) to provide effective guidance of heritage preservation in the City of Saint John, (2) to administer, guide and promote heritage preservation in the Trinity Royal Preservation Area, (3) to expand existing, and create new preservation areas, (4) to promote public awareness of the benefits of heritage preservation through displays, brochures, newsletters and lectures, (5) to investigate funding opportunities for property owners to achieve excellence in heritage preservation, (6) to pursue public participation in heritage preservation activity, (7) to ensure public participation in heritage preservation activity, (8) to provide liaison between Municipal, Provincial and Federal authorities, heritage societies and historic property owners, (9) ,to integrate heritage preservation into the broader planning and development goals of the City, (10) to establish a resource centre of technical and design information on heritage preservation, (11) to maintain an archive of historic pictures and literature on the City's building heritage, (12) to strengthen the role, service and public esteem of the Preservation Review Board and (13) to recognize and strengthen the important role played by community groups such as the Saint John Heritage Trust Inc. in Heritage Preservation. I Mr. R. Boyce, Chairman of the Saint John Preservation Review Board, introduced Board members Caroline Smith, Douglas Chiasson, Mark Hayward, Charles McTague, Councillor Rogers, and Nicholas Hill, Secretary, and requested Council's support of the proposed Heritage Objectives for the City of Saint John. (Councillor A. Vincent withdrew from the meeting.) I Mr. Hill presented slides depicting the Heritage Objectives, the designated Preservation Area in the City and heritage buildings in the City, and commented thereon with respect to action being taken by the Board to assist in the preservation and restoration of such buildings. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that Common Council approve the Heritage Objectives Report presented by the Saint John Preservation Review Board. . Question being taken, the motion was carried. L Consideration was given to a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law dealing with the regulation of snow removal in the South End of the City which is to take effect on January 1, 1988, and noting that Council gave the proposed amendment two readings to the By-Law on November 30, 1987 and that the approval of the Lieutenant-Governor-in-Council is required before the By-Law is effective. "'- ~. 468 On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the above matter be laid on the table for one week for further staff review. . Question being taken, the tabling motion was carried with Councillor Davis voting "nay". On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing 'Of Highways In The City Of Saint John", with respect to closing the following portion of highway:- I RESERVED STREET OFF. RIDGE ROW: situate, lying and being in the of New Brunswick, being bounded All that certain lot, piece or parcel of land, City of Saint John, County of Saint John, Province and described as follows: Beginning at a point on the southern side of Ridge Row at a point distant twenty (20.0') feet measured westwardly from the line of division between Lot 49 and Lot 50 in Block "D" on Plan of Island View Heights prepared by Murdoch-Lingley Limited dated February 28, 1955 with Revisions, said point being the beginning of a curve to the left having a Radius of eighty (80.0') feet; thence along the arc of the curve to the left a distance of one hundred, twenty five and seven tenths (125.7') feet more or less to the end of the said curve; thence southwardly along the edge ofa thirty three (33.0') foot wide Reserved Street two hundred and twenty (220.0') feet or to the northern side of Lot 59 as shown on Subdivision Plan Addition to & Amending Portion of Island View Heights prepared by Murdoch-Lingley Limited dated March 21, 1962, approved by Town Planning April 9, 1962; thence westwardly thirty three (33.0') feet to the line of division between land a portion of which is herein described and Mahogany Heights Developments Inc. Subdivision Phase "1"; thence along said line of division by an azimuth referred to the N.B. Grid North three hundred and forty six (3460) degrees thirteen (13') minutes fifty (50") seconds a distance of three hundred (300.0') feet to the southern side of Ridge Row as shown on Plan of said Mahogany Heights Developments Inc. Subdivision Phase "I" prepared by Murdoch-Lingley Limited dated May 3, 1987, said point having New Brunswick Grid Co-Ordinate Values East 329.073.788 North 659 482.051 in Metric; thence eastwardly by an azimuth of seventy six (760) degrees eighteen (18') minutes zero (00") seconds a distance of one. hundred and thirteen (113.0') feet or to the place of beginning; containing an area of 11,273 Square feet I . - be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the copy of the letter from the Saint John Medical Society to the Minister of Health and Community Services concerning recent developments in the Loch Lomond watershed be received and filed. . Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports I Your Committee begs leave to report that it sat on November 30, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) the necessary advertising be authorized with respect to closing a portion of Great Marsh Road located on the property of Aberdeen Motors Ltd. at 755 Rothesay Avenue and (2) if the street closing is successfully completed, the land be transferred to Germaine Newton for the costs involved with the closing and transfer. ~ I December 7, 1987, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. . ~ ".... 469 On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was_carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the application of Clearview Homes for the re-zoning of property on Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 1, 1988. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yb; ~fa~ad . I . I I . L .' 47U At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of December, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; T. Totten, Deputy Commissioner of Finance; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; M. Jamer, Director of Municipal Operations; C. E. Nicolle, Director of Recreation and Parks; J. Levesque, Director of Communications and Public Relations; B. Sheridan, Assistant Director of Parks; J. Griffin, Traffic Engineer; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I Reverend Arnold Allen of Youth With A Mission Church offered the opening prayer. On motion' of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on December 7, 1987, be approved. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that a report from the City Manager (which was considered by Committee of the Whole earlier this date) concerning the central business district, and a letter from the Chairman of the Municipal united Way Campaign (copies of which were forwarded to Council members as an information item), be added to the agenda for consideration at this meeting. I Question being taken, the motion was carried. On motion of Councillor A. vincent Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Auguste J. Vautour, who passed away on December 8, 1987. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the St. Mark's United Church Scout Troop, who are working on their citizenship badge, and briefly explained the Council meeting procedures. . The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, four parcels of land containing approximately 175 acres located north of Ashburn Road between the Saint John Throughway and Rothesay Avenue (L.R.I.S. Numbers 297333, 298422, 305128 and 51706), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification and (b) re-zoning the parcels designated as L.R.I.S. Number 297333, 298422 and the western half of 305128 from "RS-2" One- and TwO-Family Suburban Residential to "1-2" Heavy Industrial classification, as illustrated on the submitted map, to permit the establishment of quarrying operations, as requested by Crestwood Holdings & Realty Ltd., and that letters of objection were received from E. D. Ferguson and Kaye M. Smith. I Consideration was given to a letter from the Planning Advisory Committee recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A of the Plan, from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, two parcels of land containing approximately 60 acres identified as L.R.I.S. Numbers 305128 and 51706; (2) the western half of L.R.I.S. Number 305128 be re-zoned from "RS-2" Suburban Residential to "I-2" Heavy Industrial classification, pursuant to Section 39 of the Community Planning Act requiring the applicant to enter into an agreement with the City in which he will do the following: I (a) restrict his activities to quarrying and concrete ready-mix .operations ;.:J . (b) except for the access road, no stockpiles, fill or operations of any type will occur within the flood risk area; (c) prepare and file with the City an annual pre-blast survey of all buildings and wells within 400 meters of the quarry blasting site, 1 ".... .' 47.1 including Ferguson Property, and provide liability insurance in the amount of $1 million; . (d) leave a 100-foot wide strip next to the Saint John Throughway free of quarrying and concrete ready-mix operations; (e) submit, for the approval of the Planning Director, a landscape plan designed to minimize the visibility of the crushing and screening operations from the Throughway; such plan to be approved before quarrying and concrete ready-mix operations begin with the landscaping to be completed by December 31, 1989; I (f) construct the crossing of Marsh Creek and the access road in accordance with the requirements of the Building Inspector under the Flood Risk Area By-Law; (g) construct the access road as required by the Chief City Engineer including the paving of all or a portion of the road if required by the Chief City Engineer by December 1, 1989; I (h) supply sufficient water to the site by either: (i) obtaining the approval of the Chief Engineer that a well to be drilled by the Applicant can supply a sufficient amount of water to operate the equipment on site; or (ii) connecting to the watermain on Ashburn Road; (i) apply for and comply with all approvals received from Environment New Brunswick and the Department of Health; (j) agree that the operation of the quarrying will be subject to the requirement of Section 880 of the Zoning By-Law; and . (k) agree to negotiate with the City an agreement whereby the Applicant would sell to the City land to be used as a floodway. Mr. Gene O'Connor appeared in opposition to the above-proposed amendments on the basis that the proposed quarry would be unattractive, property value in the area would decline, the dust problem which would be created, the possible effects of the blasting, the truck traffic and noise from the crusher operation, and the lack of a study on the environmental aspects, and filed with the Common Clerk a petition with approximately 170 signatures of area residents in opposition to the application. I Mrs. Elizabeth Cann of Old Rothesay Road appeared in opposition to the above application on behalf of the Brookville and Torryburn Association and, reading from a prepared brief which she subsequently filed with the Common Clerk, made the following points:- (1) there is an existing quarry in the area which is controlled by the Zoning By-Law - Section 880, which is admittedly inadequate; (2) there is heavy pollution from existing industries, against which Environment New Brunswick and the Saint John Environment Committee are obviously powerless; (3) there are blasting regulations which are nominal only as the people of Brookville and Torryburn have continuing damage to their homes, wells and properties; (4) there are overloaded trucks in the area for which there are no scales provided to control the weight loads; (5) there are anti-littering by-laws which are not enforced; (6) there are speeding trucks which the policy do not acknowledge; and (7) there is a Municipal Plan which requires industries to hide their unsightly premises behind tree cover, although many industries do not adhere to that plan. Mrs. Cann expressed the opinion that Council is virtually incapable of effecting any change in the emissions from the existing quarry and asked how Council proposes that the residents deal with yet another quarry in the same area and the possible installation of an asphalt plant. Mrs. Cann requested Council to carefully consider all of the problems in East Saint John and reject the proposal submitted by Crestwood Holdings & Realty Ltd. for changes in the Municipal Plan and zoning regulations. . I Mr. Peter Klohn, solicitor for Strescon Limited which owns property adjacent to the subject site, advised that Strescon Limited has no objection to the land in question being used for industrial purposes and, should Council see fit to approve the proposed amendments, Strescon Limited's only concern relates to the circumstances under which the re-zoning takes place on the basis that an activity could be undertaken which could be potentially damaging to Strescon's interests and the interests of adjacent property owners without adequately protecting the interests through provision of an indemnity through insurance or bonding. Mr. Klohn suggested that, in view of the unstable soil conditions under the Strescon plant and the large amounts invested by Strescon in its plant which employes approximately 200 people, the recommended amount of $1 million liability insurance does not begin to meet the amount required to protect the interests at stake in this matter, and advised that Strescon had originally suggested that a bond in the minimum amount of $5 million be considered to ensure that Strescon and its employees are protected in the event that blasting activities create structural problems and result in the suspension of operations at the Strescon plant. Mr. Klohn requested Council to insist that, whatever arrangement is made with regard to bonding or insurance, the minumum amount of public protection be preserved and the renewal of any insurance policies or bonds placed with the City be put into a procedure to ensure the protection of the public interest and clarified that Strescon is objecting to the application on the basis that the indemnity approved by the Planning Advisory Committee is unacceptable and that blasting activities should not take place on the property, and is not objecting to the industrial use of the site. I . Mr. Erik Kraglund of 101 Tartan Street appeared in opposition to the above application on behalf of his mother who resides at 77 Golden Grove Road and on behalf of the Ferguson family at 679 Rothesay Avenue, and expressed concern with respect to the possible effect the proposed quarry would have on the water supply, air pollution due to the dust from,the quarry, additional traffic due to transportation of rock materials, and the effects of'the"b;Lasting operation. Mr. Kraglund asked Council to weigh carefully the benefits of the proposed~opera,t:ion against the concerns of the ci ti zens of the City. ~ --~- '"",-- ----~ '~=-==-~ I, ~ 472 Mr. Peter Zed, solicitor for Crestwood Holdings & Realty Ltd., appeared in favour of the above application and, in requesting Council to follow the recommendation of the Planning Advisory Committee, confirmed that the applicant does not intend to operate an asphalt plant on the site but to use the property for a rock quarry and the operation of a ready-mix concrete plant. Mr. Zed advised that City staff was provided a copy of a geological testing study which was done by the Department of Transportation, the results of such testing indicating that there is no limestone on the quarry site and that the two types of rock identified thereon are both very hard, neither of which produce dust or are similar to limestone. Mr. Zed explained that there will be very little dust inherent to the crushing process, although there will be some dust from the screening process, and advised the applicant's intent to use the latest technological development, that being a spray bar, to control same and, in any event, is bound under the Clean Environment Act to meet dust emission requirements. Mr. Zed also explained that the Clean Environment Act regulation enacted by the provincial Government in July 1987 compels people engaging in any type of process in the Province that was, potentially hazardous in any way to the environment to apply to the Minister to determine whether or not an environmental impact study had to be completed for the license to be issued and that the particular quarry operation contemplated by Crestwood Holdings & Realty Ltd. is specifically exempted from the Act thereby suggesting that the type of operation in no way is potentially hazardous to the environment. With regard to the issue of blasting, Mr. Zed advised that the applicant employed an Ottawa firm of consulting engineers with experience in blasting to do an on-site evaluation and filed with the Planning Department the report which indicates that blasting would occur about twenty times a year, about once every two and a half weeks with a total elapse time for each blast to be in the order of fifteen seconds, and that Mr. Moran, the principal of the consulting firm, made the observation that, if a person were standing one hundred feet from the blast, that person would not know the blast went off. Mr. Zed addressed the matters of pre-blasting surveys; liability insurance; the intent of the applicant to restore the Ferguson water supply if it is interferred with by the applicant; the issue of traffic on the basis that the applicant does not intend to overburden the existing throughways; the possible utilization of unused property as additional floodway; the creation of approximately twenty jobs in the proposed operation; and the intent of the applicant, should the proposed amendments be approved, to purchase the entire 175 acre site, and is willing to amend the application to only include approximately 60 acres, as recommended by the Planning Advisory Committee. . I I . During discussion matters were broached regarding Section 880 of the Zoning By-Law to which the quarrying operation will be subject should the above-proposed amendments be approved; the preparation of and submi?sion to Council, prior to third reading of the subject By-Law amendments, of an agreement containing the conditions recommended by the Planning Advisory Committee; and Mr. Zed's agreement on behalf of his client to add to the Section 39 agreement the indication that, if the Crestwood operation interferes with the Ferguson water supply, the applicant will agree to correct whatever problem it causes. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2- A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land on Ashburn Road containing approximately 60 acres (L.R.I.S. Numbers 305128 and 51706), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". . Question being taken, the motion was carried with Councillors Davis, Gould, Rogers, A. vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2- A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land on Ashburn Road containing approximately 60 acres (L.R.I.S. Numbers 305128 and 51706), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, be read a second time. I Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried with Councillors Davis, Gould, Rogers, A. Vincent and M. Vincent voting "nay". I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the western half of L.R.I.S. Number 305128 from "RS-2" Suburfun Residential to "I-2" Heavy Industrial classification pursuan,t=to"'Sec-tion 39 of the Community Planning Act requiring the_app~rcafit to enter into agreement with t~e City as recommended 9Y~the~P'~ng Advisory Committee, be read ~t~rst t1me. . _.~~ ~~ ~ ~ j ".... 473 Mr. Rodgers suggested that, with respect to the proposed agreement to be entered into with the applicant pursuant to Section 39 of the Community Planning Act, Council can deal with a resolution respecting its preparation prior to third reading of the proposed By-Law amendments following first and second readings of same. . John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried with Councillors Davis, Gould, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning the western half of L.R.I.S. Number 305128 from "RS-2" Suburban Residential to "I-2" Heavy Industrial classification pursuant to Section 39 of the Community Planning Act requiring the applicant to enter into an agreement with the City as recommended by the planning Advisory Committee, be read a second time. 1 John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried with Councillors Davis, Gould, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillors Schermerhorn . Seconded by Councillor Knibb RESOLVED that the City Solicitor and the applicant prepare an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, including a condition respecting the Ferguson water supply, for Council's consideration prior to third reading of the proposed By-Law amendments. Question being taken, the motion was carried. Upon Mr. Zed's observation that the applicant has a time constraint on his option to purchase the subject property, Mr. Rodgers advised that a copy of the proposed agreement will be submitted to Council at its next meeting. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. (Councillors Davis, Knibb and M. Vincent withdrew from the meeting.) The Mayor referred to the matter of snow removal in the South End of the City, which is the subject of scheduled presentations and letters from citizens to be considered at this meeting, and advised that, as discussed in Committee of the Whole earlier this date, there will be no changes made in the South End parking, the status quo will be kept for this winter and the situation will be monitored with alternate side street parking to be carried out on certain streets. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the report from Mr. M. Jamer regarding on-street parking as it affects snow removal be added to the agenda for consideration at this time. Question being taken, the motion was carried. (Councillor Davis re-entered the meeting.) I. Mr. Jamer explained that, if the proposed partial, as-required parking ban is not adopted by Council, staff could continue with the status quo but perhaps more effectively enforce some of the by-laws which are at staff's disposal relating to, for example, vehicles parked in violation of by-laws, the posting of temporary no-parking signs to allow snow removal and possibly snow plowing, and confirmed the Mayor's observation that the status quo will remain this winter, certain streets will have alternate side- street parking, the situation will be monitored and staff will submit recommendations to Council for consideration with respect to next winter. I (Councillor Knibb re-entered the meeting during the foregoing discussion.) On motion of Councillor Schermerhorn parking applied winter. Seconded by Councillor Vaughan RESOLVED that the status quo with regard to be retained for this winter with staff to ensure that the regulations are stringently and submit to Council recommendations with regard to parking next . Question being taken, the motion was carried with Deputy Mayor Gould and Councillor Rogers voting "nay". (Councillor Rogers withdrew from the meeting.) l 47,4 , Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a 1.2 hectare (3.0 acre) parcel of land located at 2310 OceanWestway (part of L.R.I.S. Number 465856), from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the property to "B-2" General Business classification to permit development of the property for a union office and associated parking area, as requested by International Union of Operating Engineers - Local 946. . Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land at 1954 Manawagonish Road (a portion of L.R.I.S. Number 403618), containing approximately 50,000 square feet with a frontage of 200 feet on Manawagonish Road located approximately 800 feet east of the Gault Road intersection, from Low Density Residential and Highway Commercial to Light Industrial classification, to permit re-zoning of the land from "B-2" General Business to "I-I" Light Industrial classification so that it may be developed for use as a corrosion resistant sealer manufacturing operation including gas tank re-manufacturing and installation and a radiator shop, as requested by Speedy Manufacturing. I Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a portion of the Clearview Mobile Home Park property approximately 80 feet x 460 feet, being a portion of L.R.I.S.Number 303479 and located to the rear of Saint John Toyota at 514 Rothesay Avenue and Sentry Motors at 518 Rothesay Avenue, from Low Density Residential to Highway Commercial classification, to re-zone this area to "I-I" Light Industrial classification to permit the addition of this property to the developments fronting on Rothesay Avenue, as requested by Mr. James F. Watt of Clearview Mobile Homes Ltd. I Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land located at 152-156 Westmorland Road (L.R.I.S. Numbers 413401 and 317974), which together contain approximately 30,000 square feet and being located on the corner of Westmorland Road and Northumberland Avenue, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the parcels from "R-2" One- and Two-Family Residential to "B-2" General Business classification, so that they may be developed and used for apartments and offices, as requested by Blair Construction Ltd. . Notice had been given to Aztec Holdings Ltd. to appear at this meeting to show cause, if any, why the building located at 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the two-storey woodframe building located at 146 Mecklenburg Street and, in noting that the subject property was before Council on November 9, 1987, advised that the same conditions basically apply and that the reason for the building being presented on this second occasion is that the Department of Corporate Affairs provided the Legal Department with two different corporate offices for this company in successive requests for information which led to confusion with regard to the service of the notice. Mr. Johnson stated that the building continues to be dilapidated and is not habitable and recommended that the building be demolished pursuant to the 1925 Building Act. No person was present with respect to the said building. I On motion of Councillor Schermerhorn . Seconded by Councillor MacDougall RESOLVED that notice having been given to Aztec Holdings Ltd., being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City of Saint John, requesting that the said owners appear before this meeting of Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 146 Mecklenburg Street (L.R.I.S. Number 4226) in the said City to be dilapidated and dangerous: I AND BE IT FURTHER RESOLVED that the said Aztec Holdings Ltd., are hereby required to remove or destroy the said building situate at civic number 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City of Saint John, within ten days after receiving notice to do so by the Inspector of Buildings: AND BE IT FURTHER RESOLVED that upon failure of the said Aztec Holdings Ltd., to remove or destroy the said building situate at civic number 146 Mecklenburg Street (L.R.I.S. Number 4226) in the City of Saint John, in compliance with the request of such notice, that the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Aztec Holdings Ltd. I Question being taken, the motion was carried. The Mayor referred to the scheduled presentations of Messrs. Douglas Chiasson, Dominick Eden and Bruce Dennis, and to the eleven letters from South End residents (two of which were distributed to Council members . '. ..... ".... ~75 earlier this date) concerning South End parking, and expiained that, as discussed earlier in this meeting, there will be no changes in the parking situation for this winter and that it is the intent of Mr. Jamer to report to Council in this regard in the spring6f 1988 at which time the residents' input would be appreciated. The Mayor thanked the residents for their interest in this matter. . Mr. Dominick Eden appeared before Council and advised that at a meeting of members of the Trinity Neighbourhood Association and City staff on December 10, 1987, it was indicated that the Association would assist the City in monitoring the parking stuation in the South End. , On motion of Councillor Schermerhorn I End parking be received and filed. Seconded by Councillor Vaughan RESOLVED that the correspondence regarding South Question being taken, the motion was carried. I Mrs. Pat Landers, spokesperson for the Committee for Concerned Saint Johners, expressed concern that the attitude of the local environmental and protection enforcement officers seems to be based on the premise that the offending polluter should be protected at all costs, that air pollution in excess of ten times the relaxed limit permitted by law is acceptable to the citizens of Saint John, that enforcement of law is not the policy of the present government, that the citizens of Saint John are monumentally unconcerned about the quality of the air they breathe and that this is the spokesperson and defender for those causing the unacceptable levels of air pollution. Mrs. Landers explained that the Committee's main objective is for cleaner air and better-quality breathing and suggested that the following action should be taken in this regard: environmental and protection officers and enforcement officers should do what their title suggests they do, air pollution measurement devices should be placed in strategic locations where air pollution seems to be more densely concentrated, environmental enforcement officers should be on duty on a twenty-four-hour-a-day-seven-day-a-week basis, the most modern pollution equipment available should be compulsory for all polluters, offending industries and generating plants should be forced to cease and desist operations when scrubbers or equipment are inoperational or incapable of handling their proposed function for whatever reason, penalties for polluters who violate cleaner air legislation should be in the area of $1 million maximum per day, and polluters should be liable for damage to houses, cars, and property generally caused by air pollutants, and requested Council to support the Committee in the issue of the right to clean air. . I During discussion Mrs. Landers advised that, although the Committee has not to date approached the recently-elected Provincial Government, a brief will be prepared with input from all concerned citizens for presentation to the Premier and the Minister of Environment, and the Mayor commented on the City's efforts through the Provincial Government for the installation of a proper monitoring system in the City and suggested that both the private and public sectors must be involved in pOllution control. The Mayor thanked Mrs. Landers for her presentation and advised that Council will render a decision in this regard later in the meeting. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Mayor expressing the understanding that the new set of steps at the Simonds Arena does not have a handrail to assist the disabled which must be an oversight on the part of the City, and advising that a request has come from the handicapped to see if a handrail can be placed to assist them -- be referred to the City Manager for action. Question being take~, the motion was carried. . Consideration was given to a letter from the City Manager advising that the Zoning By-Law has not been amended to implement the detailed policies in the Municipal Development Plan which promotes the Central Business District as the area of the City characterized by the greatest concentration of activities, retail and service, entertainment and office uses; referring to Section 6.2.2.2. of the Plan which describes in more detail the North King Street area as the area which "should be sustained as the major focus of retailing activities", and suggests that a "limited amount of commercial floor space and residential accommodation" is also appropriate; suggesting that, while the "B- 3" Central Business zone permits the wide variety of uses across the total area without the consideration of uses on a more specific block-by-block basis, a current review of the By-Law in response to the present concepts for uptown would probably take a much more controlled or discretionary approach to land uses of this nature; also suggesting that, as part of the ongoing program to improve the quality of the retailing environment in the uptown area, Council could consider taking immediate steps to implement the said portion of the Municipal Development Plan, with Section 71 of the Community Planning Act providing Council with the opportunity to take immediate steps to control land use; setting out the action available to Council to amend the Zoning By-Law and by resolution to set out the proposed By-Law or the principles to be contained in it and prohibit any tavern or cabaret in buildings in the area affected by the proposed By-Law; and concluding that, as a result of such resolutions, it is necessary to publish the first notice of intention of considering the passing of the by-law prior to the expiration of fourteen days from the adoption of the resolution. I I On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the proposed amendment to the Zoning By-Law to (1) amend section 540(1) (a) by deleting the words "- tavern or cabaret" and inserting the words "- subject to subsection (3) (e), a tavern or cabaret", and (2) amend section 540(3) by adding a new clause (e) to read as follows: "(e) a tavern or cabaret shall not be located in buildings on King Street; those portions of Prince William Street and Germain Street between King and Princess Streets; or that portion of Charlotte Street between Union and Princess Streets, save and except hotels and at the ... , '476 . , following locations: 2 Charlotte Street, 123 Germa1n Street, and 72 Prince william Street, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with th~ public hearing to be held on January 18, 1988. Question being taken, the motion was carried. . (Deputy Mayor Gould withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that pursuant to section 71 of the Community Planning Act, Common Council hereby prohibits any tavern or cabaret in the buildings located in the area referred to in the said proposed Zoning By-Law amendment, save and except hotels and at the following locations: 2 Charlotte Street, 123 Germain Street, and 72 Prince william Street. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Brian Logue, Chairperson of the 1987 Municipal united Way Campaign, advising that the actual goal achieved by the City was $66,234.40 which is an approximate 26.5% increase over 1986, and is the highest per capita of any municipality in Canada, be received and filed with appreciation to the Campaign members. Question being taken, the motion was carried. On motion of Councillor Davis . Seconded by Councillor Flewwelling RESOLVED that with regard to the presentation of.:Mrs .'::Pat Landers, the Common Council of the City of Saint John support the efforts of the Committee for Concerned Saint Johners. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard Paving Maritime Limited - supply of asphalt December 2-3, 1987 $7,504.23 I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 87-8, Chipsealing 1987 Atlantic Colas Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated December 8, 1987 Final holdback release $107,101. 00 139,542.26 Nil 118,610.92 $ 20,931. 34 . (Deputy Mayor Gould re-entered the meeting.) Question being taken, the motion was carried. I Read a letter from the City Manager submitting a report from the City Solicitor's Office regarding a request from Mr. G. Patrick Gorman, Q.C., solicitor for Mr. and Mrs. Peter Gates, for an easement permitting the encroachment of the Gates' building at 238 Charlotte Street West as shown on the submitted building location survey prepared November 30, 1987 by Hughes Surveys & Consultants Ltd., and recommending adoption of the submitted resolution. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute an easement in favour of Peter W. G. Gates and Linda M. Gates to permit the encroachment of their building on Charlotte Street; such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. . .....1 ".... . ',477 Read a letter from the C1ty Manager su m1tt1ng a report rom t e C1ty So 1c1tor s Office regarding a request from Mr William Gandy, solicitor for Mr. and Mrs. Paul Chessie, for an easement permitting the encroachment of their building on St. Catherine Street, and recommending adoption of the submitted resolution. . On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute an easement in favour of Paul Chessie and Lucinda Chessie to permit the encroachment of their building on St. Catherine Street; such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. I Consideration was given to a report from the City Manager to inform Council of recent events as well as clarify and provide additional information concerning the Planning Advisory Committee's recommendation to Council at the public hearing on August 4, 1987 of the application of Murray & Gregory Limited for a Municipal Plan amendment and re-zoning of property on Fallsview Avenue (such matter having been tabled with no readings given); advising that there is no legislative authority for the condition concerning access which is part of the Committee's recommendation and that the re-zoning of this property does not place the City in a position of liability as the Zoning By-Law prescribes the permitted uses and various standards associated with these uses and that, in this particular application, conditions cannot be attached to the re-zoning; also advising that the property was divided on November 6, 1987, a potential development proposal having been prepared in the process of dividing the property so that the vacant land could be retained by the applicant, and the applicant subsequently consented to utilizing this development concept as a proposal to support the re-zoning; and also advising that the applicant and the owner of the mill have both advised that they wish the initial application to proceed which is to have their respective properties zoned "R-2" One- and Two-Family Residential, the solicitor for the mill owner being aware that the mill operation will remain a non-conforming use. The report states that the recommendation from the Planning Advisory Committee should be amended to delete the words "on condition that access be provided to Fallsview Park" which leaves the following recommendation for council's consideration:- . "That the Municipal Development Plan be amended to redesignate from Open Space to Low Density Residential and the Zoning By-Law be amended to re-zone from "P" Park to "R- 2" One- and Two-Family Residential a property containing approximately 25 acres, being parts of L.R.I.S. Numbers 378505 and 428664, located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline; and recommends that, in receiving and filing this report, first and second readings now be given to the Municipal Plan amendment and re-zoning. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a property containing approximately 25 acres, being parts of L.R.I.S, Numbers 378505 and 428664, located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline, from Open Space to Low Density Residential classification, be read a first time. I Mr. Clark explained that the current owner will still own the first 100 feet of property adjacent to the River shoreline and that the Park zoning designation will be retained, and Mr. Rodgers confirmed that expropriation notices have been filed and the title to the subject property vests in the City, although there is one property the City does not possess as yet as there is a question of occupation with the 90-day period running from October. Mr. Bedford confirmed that the Park zoning will be removed from the portion of land which the owner wishes to utilize for residential development and, upon enactment of the Zoning By-Law amendment, the applicant will be able to proceed to entertain proposals for residential development in the area and, with respect to the applicant's opinion of the exception of the 100 feet of property adjacent to the River shoreline, Mr. Clark noted that, from a policy point of view, staff is of the opinion that it should be retained in the Park zoning, although he is not sure of the applicant's view in this regard. Mr. Bedford advised that the applicant submitted the plan, which forms part of the above report, as an example of how the property could be developed and that the subdivision approval process will address the matter of sewerage, and the,:"~ suggestion was made that Council should table this matter pending a teach-in on all implications of the application and the Mayor suggested that Council could give first reading to the above-proposed amendment and the Zoning By-Law amendment. . Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- Law". Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a property containing approximately 25 acres, being parts of L.R.I.S. Numbers 378505 and 428664, located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline, from "P" Park to "R-2" One- and Two-Family Residential classification, be read a first time. . Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. .... '7' 476 On motion of Counciilor MacDougall Seconded by Councillor Vaughan RESOLVED that second and third readings of the above-proposed amendments be laid on the table for consideration at the next meeting with a teach-in to be held in this regard. Question being taken, the tabling motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager submitting a November 4, 1987 report concerning hawkers and peddlers on City streets and sidewalks, which was withdrawn fr?m the November 9 1987 Council agenda and referred for study at a caucus meet1ng; also s~bmitting a proposed new Peddlers and Hawkers By-Law which would require all persons peddling and hawking on City streets and sidewalks to have a licence for which the fee is $100.00 per year, would also require them to comply with the provisions of the Sidewalk By-Law in carrying out their license and would prohibit peddling or hawking after midnight and in certain parks; also submitting a proposed amendment to the Sidewalk By-Law which would control hours and locations of peddling and provide for litter control, size of stands and other matters; and recommending that Council give first reading to the proposed Peddlers and Hawkers By-Law and the proposed amendment to the Sidewalk By-Law -- be received and filed: I . AND FURTHER that the by-law entitled, "A By-Law Respecting The Licensing Of Peddlers And Hawkers In The City Of Saint John", be read a first time. Read a first time the by-law entitled" "A By-Law Respecting The Licensing Of Peddlers And Hawkers In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law Respecting The Licensing Of peddlers And Hawkers In The City Of Saint John", be read a second time. I Read a second time the by-law entitled, "A By-Law Respecting The Licensing Of Peddlers And Hawkers In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Use Of Sidewalks Within The City Of Saint John", be read a first time. . Read a first time the by-law entitled, "A By-Law To Amend A By- Law Respecting The Use Of Sidewalks Within The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Use Of Sidewalks Within The City Of Saint John", be read a second time. I Read a second time the by-law entitled, "A By-Law To Amend A By- Law Respecting The Use Of Sidewalks Within The City of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the report from the City Manager regarding the building maintenance policy adopted by Council on May 19, 1982, under which tradespeople are hired for various repair jobs on the basis of a rotating list with companies or individuals to apply to be placed on the list having provided proof, as a condition to their receiving work, that they are covered for Workers' Compensation and liability insurance; noting that the adoption of this policy ensured that all contractors who applied and qualified would be assured of a portion of the City's building maintenance work; suggesting that a major drawback to the policy is the lack of continuity in service to 'specific facilities as it would not be . ~ ".... ,479 unusual to have three or four different electrical or plumbing contractors doing service work on the same system over a short period of time and, as each of these companies must become familiar with the system before beginning repairs, additional time is required on the job resulting in higher costs to the City; advising that, to maintain the rotating list and ensure that all contractors are given equal consideration, is a very time- consuming task for the Property Management Branch which results in staff members continually reacting to problems which arise and not allowing them the time to carry out preventative maintenance thereby preventing problems from occurring; expressing the opinion that, under a building maintenance contract, the present rate of approximately $28.00 to $30.00 per hour for tradespeople would be reduced substantially and require less staff time to administer; and recommending that the section of the building maintenance pOlicy dealing with the allocation of work on the basis of a rotating list, adopted by Common Council on May 19, 1982, be cancelled and that staff be authorized to advertise tenders for two-year contracts for various building trades with the results of such tenders to be submitted to Council for consideration and award -- be received and filed and the recommendation adopted with staff authorized to advertise tenders for one-year contracts for various building trades with the results of such tenders to be submitted to Council for consideration and award. . I I During discussion Mr. Todd advised the approximate number of calls per month which would be required for various building trades and the varying rates charged by the building trades and the suggestion was made that Council should approve the above matter on the basis that one-year contracts would be awarded. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law with regard to parking on Belgrave Street, which was given first and second readings on December 7, 1987. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Belgrave Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled', "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety. Question being taken, the motion was carried. I Consideration was given to a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law regarding parking on Tartan Street, which was given first and second readings on December 7, 1987. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Tartan Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-118 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing approximately 18.5 acres and located between Gault Road and Highway #7 near the intersection of Manawagonish Road (being a portion of L.R.I.S. Number 403535), from "RF" Rural to "RSS" One-Family Serviced Suburban Residential 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. 100-118 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. -I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on Monday, December 7, 1987, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. vincent and M. Vincent, and your Committee submits the fOllowing recommendations, namely:- l. Champlain per month That as recommended by the City Manager, the rental for the property at 34 Drive, which is leased to Mr. and Mrs. George Legace, be increased to $500.00 payable in advance as of January 1, 1988. ~ 4,dU , 2. That as recommended by the City Manager, the lease between the City and Shell Canada Limited for land on Germain Street West be renewed for a period of 10 years from November 1, 1987 at an annual rent of $1,500.00 payable half yearly in advance on November 1 and May 1 each year, the renewal to be in the name of Shell Canada Products Limited. . 3. That as recommended by the City Manager, the land on Somerset Street leased to Wm. P. Dowd and Sons Limited be sold to the said Company under the following terms and conditions:- (1) the sale price will be $30,000.00; (2) the sale will be dependent on the re-zoning of the property to an I-I Light Industrial classification; the agreement to sell, however, will neither explicitly nor implicitly obligate the City to change the zoning; (3) the Company will apply for the necessary re-zoning within 30 days of the date the sale is authorized by Common Council and the transfer will take place within 30 days of the filing of the re-zoning or any subdivision plan that is required, whichever is later; (4) the submitted deposit of $3,000.00 will be used as a partial payment and will be returned if the re- zoning is not approved; and (5) the cost of the surveys or plans required to complete the transfer will be shared equally by the Company and the City. I 4. That as recommended by the City Manager, (1) the property on Woodhaven Drive known as Lot 84-1 or L.R.I.S. Number 55036925 be sold to Mr. David Thompson for a price of $17,000.00 with the transfer to take place prior to December 31, 1987; (2) the City retain an option to reacquire the property for the purchase price if a house is not completed within 1 year of the transfer of title; and (3) upon completion of the sale, the proceeds to be deposited in the special account used for money received in lieu of land for public purposes. I, 5. 1987. That no Common Council meeting be held the week of December 28, December 14, 1987, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above I report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion'was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the Treasurer of the Senior Citizens' Centre requesting to continue to occupy space in the City Market building on a rent-free basis -- be referred to the 1988 budget discussion. Question being taken, the motion was carried. On motion of Councillor Schermerhorn '1- Seconded by Councillor Knibb RESOLVED that the application of Dr. S. Nagaraj for the re-zoning of property at 307 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 18, 1988. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of Wm. P. Dowd & Sons Limited for the re-zoning of property at 520 Somerset Street ~ ".... 481 be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 18, 1988. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the application of Midland Transport Limited for the re-zoning of property on McAllister Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 18, 1988. Question being taken, the motion was carried. The Mayor noted that section 5 of the Committee of the Whole report had not been considered. On motion of Councillor Schermerhorn .1 Seconded by Councillor Vaughan the week of December 28, 1987. RESOLVED that no Common Council meeting be held Question being taken, the motion was carried with Councillors Knibb and A. Vincent voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yk~ \4. Y};~4xd C on Clerk j/ I . I I . ~ w ; 4ij'2 At a meeting of the'Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of December, A.D. 1987, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissionercof Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. Johnston, Deputy Fire Chief; S. Bedford, Director of Planning; W. D. Todd, Director of Housing and Property Manage- ment; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; J. Levesque, Director of Communications and Public Relations; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I I, Father Raymond Riley of St. Rose Roman Catholic Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on December 14, 1987, be approved. . In reply to a query of Councillor A. Vincent, Mr. Bedford eXplained that, with regard to the applica~ion of Midland Transport Limited for re- zoning of property on McAllister Drive which was considered at the above meeting, this Company in its original application, which was the subject of a public hearing on October 26, 1987, did not include all of the lands in question due to an oversight on the part of the applicant and the City; however, Midland Transport Limited has made the second application and paid the necessary fee understanding this position. " - Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that a resolution concerning the 1988 budget and the letter from the Canada Games Aquatic Centre regarding its deficit (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor A.vincent proposed a motion that the offer of the Saint John Board of Police Commissioners be added to the agenda for consideration at this meeting and the Mayor, in noting that the proposed motion was not seconded, requested Council to proceed with the agenda. . The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Saint John Central Business Development Corporation for Common Council's approval of a budget for the designated Business Improvement Area, and that no written objections were received in this regard. No persons were present to speak in opposition to or in favour of the proposed budget. On motion of Councillor Schermerhorn -I Seconded by Councillor Knibb RESOLVED that as requested by the Board of Directors of Saint John Central Business Development Corporation, Council approve the budget for the Business Improvement Area as follows:- Revenue: Business Improvement Area Levy Interest Work Grants Mainstreet Work Grant $162,437.00 6,000.00 4,000.00 43,000.00 $215,437.00 I Expenses: Special projects Promotions Employment Contract, Wages and Benefits Office and Postage Telephone Meetings Travel and Entertainment Rent Office Equipment $ 70,000.00 48,000.00 53,075.00 9,500.00 4,000.00 3,500.00 1,500.00 2,400.00 6,000.00 . ~ r A83. Insurance Dues Audit Provincial Computer Assessment Miscellaneous 1,000.00 1,200.00 1,400.00 7,025.00 6,837.00 $215,437.00 . The reason for Council's approval of the above budget was questioned in view of the City's lack of contribution to same to which Mr. Clark replied that the expenditure of funds raised through the business improvement levy must be approved by Council. I: Question being taken, the motion was carried. On motion of Councillor Knibb Levy By-Law be read a first time. Seconded by Councillor Schermerhorn RESOLVED that the Business Improvement' Read a first time the Business Improvement Levy By-Law. I Question being taken, the motion was carried. On motion of Councillor Knibb Levy By-Law be read a second time. Seconded by Councillor Schermerhorn RESOLVED that the Business Improvement Read a second time the Business Improvement Levy By-Law. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager sUbmitting a summary of asphalt usage and cost to December 7, 1987, which is the final report for 1987, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract to supply and install reflective ceiling at Simonds Centennial Arena Bassai Atlantic Original estimated value of contract Total work done, Estimate Number 2 Payment previously approved Sum recommended for payment, Progress Estimate Number 2, dated December 17, 1987 Final holdback release $30,630.00 28,630.00 24,335.50 $ 4,295.50 . Question being taken, the motion was carried. I . Consideration was given to a letter from the City Manager regarding the Cherry Brook Zoo loan guarantee which, in 1984 was for $30,000.00 and upon renewal of the guarantee in May 1987 had been reduced to $13,500.00; advising that the Zoo's attempt to reduce the City's exposure while at the same time having to make repairs to the enclosures just prior to the winter has left the Zoo with a critical cash flow problem and the Zoo has asked if the City could be of assistance; expressing the opinion that the Zoo has in place a plan that will result in the gradual reduction of the amount of money guaranteed by the City and that an increase in the loan guarantee from the current $13,500.00 to $25,000.00 will not have significant financial implications. for the City and will provide the Zoo with sufficient working capital to carry it to spring, and recommending that the City agree to guarantee a bank loan of $25,000.00 for a term of one year. On motion of Councillor Knibb .1 Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the City of Saint John agree to guarantee a bank loan of $25,000.00 on behalf of Cherry Brook Zoo for a term of one year. . The propriety of Council's involvement in the above matter was questioned and Mr. Rodgers expressed the opinion that the above guarantee would fall into the same category as grants in aid, which are proper if Council decides it is in the general interest of the community to get involved and that he sees nothing illegal about Council guaranteeing the loan for the Cherry Brook Zoo, and Mr. Wilson advised that, although the guarantee in itself would not have a negative impact on the City, the City might be called upon to honour the guarantee and, with regard to the suggestion that Council should consider such matter during the 1988 budget review process, expressed the under- standing that the Zoo has an urgent need for the guarantee due to a cash-flow problem. Question being taken, the motion was carried with Councillors MacDougall and Schermerhorn voting "nay". lo.. '\ , 484 On motion of Counciilor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for renovations to the paint booth ~t the Grandview Avenue Works Building be awarded to the low tenderer, Llnton Construction Limited, at the tendered price of $44,444.00. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a letter from the City Manager advising that, with regard to Common Council resolution of November 23, 1987 authorizing the lease of space at 47 Princess Street to Wholesome Foods for a one-year period commencing January l, 1988, it is evident that the City's portion of work to be done to the space will not be completed by January 1, 1988;. also advising that the tenant has advised it must install shelving and complete the painting before moving in and will be unable to finish this because the new floor has just been finished and that the tenant is also concerned about the heat and is waiting for the new furnace, and has requested the starting date for the lease to be changed to February l, 1988, and recommending an amendment to the said Common Council resolution. "I On motion of Councillor Schermerhorn ,I Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council resolution of November 23, 1987, concerning the lease of space at 47 Princess Street to Wholesome Foods, be amended by changing the commencement date of the lease from January 1, 1988 to February 1, 1988 and by changing the date for the renewal term to read February 1, 1989 to January 31, 1992. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that letter from the City Manager referring to Common Council resolution of November 30, 1987 concerning the proposed closing of a portion of Skaling Court on which a building encroaches, the public hearing for which will be held on January 11, 1988; advising that, although a potential purchaser has been found for the property with the transaction to be completed December 31, 1987, the transaction cannot take place with the encroachment in existence; and recommending that an ~asement be granted to the Estate of John Ritchie to allow the encroachment of a building on Skaling Court for the life of the building or as long as Skaling Court is legally in this location -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that Heritage Canada has accepted the application of the Saint John Central Business Development Corporation to participate in the Mainstreet Canada Program and that, as it is Heritage Canada's policy to only enter into agreements with municipalities and not with downtown associations, the City has been requested to enter into the standard agreement with Heritage Canada; explaining that the objective of the Mainstreet Program is, within its three-year life, to help communities revitalize their mainstreets by taking advantage of their architectural resources with its strategy being to introduce a project coordinator who works closely with the business people downtown and, in this case, the Executive Director of the Corporation will fill the role of coordinator; and also advising that a three-year training program for the coordinator and provision of ongoing advice to the business community will be provided by Mainstreet Canada of Heritage Canada, technical manuals and audio-visual material on promotion and design workshops will be provided and Mainstreet Canada will monitor and evaluate the progress of downtown for the three years the program is in place, with the budget estimated at $65,000.00 a year for three years to be provided by the existing budget of the Corporation and the City should not incur any other costs. The letter also advises that the Legal Department has pointed out that the proposed agreement imposes obligations on the City and that, as it is the intention for the Corporation to be charged with implementing the agreement for Council, a further agreement is proposed between the City and the Corporation to delegate this responsibility; and submits a recommendation for Council's consideration. . I On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, (1) the City enter into the standard agreement with Heritage Canada to participate in the Mainstreet Program and (2) the City enter into an agreement with the Central Business Development Corporation stipulating that the Central Business Development Corporation will implement the Mainstreet Heritage Program and accept all responsibilities on behalf of the City. I The request was made of the Central Business Development Corporation to provide a written report to Council outlining details of the above program and Mr. W. o 'Mahony, Executive Director of the Saint John Central Business Development Corporation, was present in the Council Chamber and advised that the Mainstreet Canada Program consists of organizational, economic development, marketing and design element components, all of which will be covered comprehensively over the three-year period. . .... JI"" 485 Question being taken, the motion was carried. I Read a letter from the City Manager advising that, regarding the impact on the flood risk area of the proposed re-zoning of property on Ashburn Road as requested by Crestwood Holdings & Realty Ltd. (third readings of the proposed Municipal Plan and Zoning By-Law amendments to be considered at this meeting), there are two conditions in the recommended Section 39 conditions of re-zoning which provide the City with the controls necessary to ensure that this development does not have any negative impact on the flood risk area and that, although the construction of the road will require some fill, there is more than enough land available to provide the necessary compensating storage capacity; and also advising that a further condition gives the City the opportunity to negotiate with the owner for additional flood storage capacity which could improve the present situation. . I Consideration.was also given to a letter from the City Solicitor submitting a proposed Section 39 agreement betweenCrestwood Holdings & Realty Ltd. and the City, which Council requires prior to third reading of the proposed Zoning By-Law amendment with respect to property on Ashburn Road, such agreement containing the conditions recommended to Council by the Planning Advisory Committee, as well as the clarification of a condition arising at the Council meeting of December 14 concerning Mr. Delphus Ferguson's water supply, and advising that, in addition, the agreement contains a condition that the developer has agreed to have all of the Section 39 conditions apply to all of the land covered under the Municipal Plan amendment, such condition being necessary because, under ordinary circumstances, the Section 39 conditions only apply to the portion covered by the re-zoning. Consideration was also given to third readings of the proposed Municipal Plan and Zoning By-Law amendments with respect to the subject property on Ashburn Road. On motion of Councillor Flewwelling City Manager be received and filed. Seconded by Councillor Schermerhorn RESOLVED that the above report from the . Mr. Johnson confirmed that the quarry itself will cause no problem to the flood plain and that the condition relating to the floodway refers to additional land. Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb ~I. Seconded by Councillor Vaughan RESOLVED that the Mayor and Common Clerk be authorized to execute the Section 39 agreement with Crestwood Holdings & Realty Ltd. with regard to the re-zoning of property on Ashburn Road with Section 12 thereof to be amended to indicate that the restoration or replacement of Delphus Ferguson's water supply applies to his present site and to apply to his wife and family, heirs, successors and assigns at such present site. . Mr. Rodgers expressed the opinion that, to comply strictly with the Community Planning Act, Council should authorize the agreement and subsequently deal with the proposed Zoning By-Law amendment and advised that Section 12, which deals with the restoration or replacement of Mr. Delphus Ferguson's water supply, should be clarified to indicate that it applies to the present site and not to any water supply whatsoever and further that Mr. Peter Zed, solicitor for Crestwood Holdings & Realty Ltd., has advised that his client has no objection to the subject section referring to Mr. Ferguson and his wife and family at this present site, and the mover and seconder of the above motion agreed that section 12 be amended accordingly. The location of Mr. Ferguson's water supply was questioned and, upon Mr. Bedford's indication that he was unable to confirm that such water supply is not on the Ferguson property, Mr. Rodgers suggested that Mr. Zed could be asked to address this matter. On motion of Councillor Rogers J Seconded by Councillor Gould RESOLVED that Mr. Peter Zed, solicitor for Crestwood Holdings & Realty Ltd., be invited to address Council at this time. Question being taken, the motion was carried. .1 Mr. Zed advised that Mr. Ferguson's water supply is not located on his own property but is located on an adjacent property which Crestwood HOldings & Realty Ltd. will be acquiring with the quarry site, but will not be part of the quarry site, and that the water supply services the two-family home with Mr. Ferguson by virtue of his deed having the right to take water from a spring on property which will be owned by the applicant. It was suggested that, because of the confusion over the location of the Ferguson water supply, Mr. Ferguson should be asked to address Council. On motion of Councillor MacDougall invited to address Council at this time. Seconded by Councillor M. Vincent RESOLVED that Mr. Delphus Ferguson be Question being taken, the motion was carried. . Mr. Ferguson confirmed that his water supply is located on property which the applicant will own and expressed concern that his water supply will be lost and polluted. ~ ~ 486 During discussion Mr. Zed confirmed that his client is agreeable to Section 12 of the above agreement including heirs, successors and assigns, and the mover and seconder of the proposed motion agreed to amend Section 12 accordingly, and Mr. Rodgers noted that immediate action would be taken to void the re-zoning should conditions in the agreement be violated. . Question being taken, the original motion was carried with Deputy Mayor Gould and Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by redesignating two parcels of land on Ashburn Road containing approximately 60 acres (L.R.I.S. Numbers 305128 and 51706), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. .1 The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillors Davis, Gould, Rogers, A. Vincent and M. Vincent voting "nay". I, On motion of Councillor Knibb Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "By-Law Number C.P. 100-119 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning property located on Ashburn Road, being the western half of L.R.loS. Number 305128, from "RS-2" One- and Two-Family Suburban Residential to "1-2" Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: . AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to an agreement with the applicant. The by-law entitled, "By-Law Number The Zoning By-Law Of The City Of Saint John", ',( C.P. 100-119 A Law To Amend was read in its entirety. Question being taken, the motion was carried with Councillors Davis, Gould, Rogers, A. Vincent and M. Vincent voting "nay". Consideration was given to a report from the City Manager recommending that the tender for municipal castings, the total value based on estimated quantities and award to the lowest bidders being $135,009.50, be awarded as follows: items 1, 2, 3, 5 and 7 to Central Castings Ltd., and items 4 and 6 to Saint John Foundry Ltd., at the prices indicated in the submitted summary. ?l On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that all items in the tender for municipal castings be awarded to Saint John Foundry Ltd., at the prices indicated in the submitted summary. Councillor Knibb, in noting that the above-proposed tender award represents a cost of approximately $3,000.00 more than that recommended by the City Manager, suggested that on the prospects of more employment in the City the proposed motion should be adopted. Discussion ensued regarding Council's award of the tender to the local foundry in 1987 and problems the foundry had supplying the required items and Mr. Hanlon advised that Mr. W. Dolan of Saint John Foundry Ltd. has forwarded a letter to the City indicating that he could meet the City's 1988 requirements, apofogized for the problems encountered in 1987 and assured the City there would be no problem this year. . Question being taken, the motion was carried with Councillor MacDougall voting "nay". I. v- On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment Ltd. be accepted for 2 sidewalk tractors at $44,995.00 each and for 1 snow blower at $124,950.00. Question being taken, the motion was carried. I~ v Consideration was given to a report from the City Manager recommending that the tender of Saunders Equipment Ltd. of Fredericton, N.B., be accepted for supplying two only 30 cubic yard packer bodies mounted on Freightliner chassis at a cost of $107,500.00 each, plus tax. On motion of Councillor M. vincent Seconded by Councillor Knibb RESOLVED that the tender of Universal Sales Ltd..of Saint John, in the amount of $l07,807.48 each, plus tax,be accepted for supplying two 30-cubic yard packer bodies mounted on Freightliner chassis. . ~ JI"" ~a.7 Mr. Hanlon explained that Saunders Equipment Ltd. is the supplier of the packer body regardless of the tender award and the parts for the trucks c~nbe ordered through Universal Sales Ltd. whether the truck is purchased from Saunders or Universal, with the truck parts to be purchased locally and the packer parts to be purchased in Fredericton in any event. . Question being taken, the motion was carried with Councillor MacDougall voting "nay". On motion of Councillor Knibb I adopted, namely:- Seconded by Councillor Schermerhorn RESOLVED that the following resolution be WHEREAS the 1988 budget for the City of Saint John has not yet been approved: AND WHEREAS there are some day-to-day matters controlled by the general approval of the budget: I NOW THEREFORE BE IT RESOLVED that the City Manager be authorized to approve purchases up to a value of $12,500.00 where provision for same is normally contained in the budget which has not yet been approved: AND BE IT FURTHER RESOLVED that approval be given of the weekly payroll for non-union employees. Question being taken, the motion was carried. On motion of Councillor Rogers . Seconded by Councillor Gould RESOLVED that as requested by the Canada Games Aquatic Centre, an amount of $80,000.00 be given to the Saint John Aquatic Centre Commission to allow the Commission to continue its present operations, all excess City funds remaining after the year-end audit to be returned to the City along with the 1987 financial statement report. Question being taken, the motion was carried. The Mayor, in noting that the City Manager's item concerning Council's Task Force on the Strategic Plan was not received by Council, advised that this item has been withdrawn from the agenda for one week. On motion of Councillor A. Vincent _I. Seconded by Councillor Schermerhorn RESOLVED that the above item be withdrawn from the agenda. Question being taken, the motion was carried. Consideration was given to third reading of the proposed new Peddlers and Hawkers By-Law, which was given first and second readings on December 14, 1987. Consideration was also given to a letter from Mr. Gary L. Zed requesting an. extension on the third reading of the above By-Law so that he may address Council at a future date and explaining that he is writing his law exams and will be undergoing surgery on this date and will be incapacitated for a few weeks. . A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that the Peddlers and Hawkers By-Law be read a third time. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that Council authorize the necessary advertising in order for the proposed new Peddlers and Hawkers By-Law to be read by section numbers only prior to third reading. ;1 Discussion ensued during which time the suggestion was made that the above matter should be tabled pending Mr. Zed's appearance before Council whereupon Mr. Clark suggested that, based on Council's concern with this issue and the proposal to commence a licensing fee, that Council proceed with third reading of the By-Law, and matters were broached regarding persons excluded from the By-Law who would be affected by the proposed Sidewalk By-Law amendment to be considered at this meeting, persons peddling or hawking on behalf of and under the direction of non-profit and charitable organizations, and the restriction of peddling or hawking between the hours of 12 a.m. to 7 a.m. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Use Of Sidewalks Within The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The suggestion was made that the reference in the above-proposed amendment to "he'~. should be changed to indicate "he or she" and Mr. Rodgers advised that the Provincial Interpretations Act indicates that he includes she, and the Mayor suggested that reference should be made to a person, rather than he. (Councillor Davis withdrew from the meeting.) The by-law entitled, "A By-Law To Amend A By-Law Respecting The Use Of Sidewalks Within The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. ~ ~ -4ti8 On motion of councillor Knibb Seconded by Councillor MacDougall RESOLVED that the letter from Mr. Gary L. Zed regarding the proposed new Peddlers and Hawkers By-Law be received and filed with a copy of the By-Law to be forwarded to him and that Mr. Zed be advised that he may address council in this regard when he is able to do so. . Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by redesignating a property containing approximately 25 acres (being parts of L.R.I.S. Numbers 378505 and 428664), located on Fallsview Avenue, except for the first 100 feet adjacent to the River shoreline, from Open Space to Low Density Residential classification, be read a second time. I Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. (Councillor Davis re-entered the meeting). On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property containing approximately 25 acres (being parts of L.R.I.S. Numbers 378505 and 428664) located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline, from "P" Park to "R-2" One- and Two-Family Residential classification, be read a second time. . Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, by redesignating a property containing approximately 25 acres (being parts of L.R.I.S. Numbers 378505 and 428664), located on Fallsview Avenue, except for the first 100 feet adjacent to the River shoreline, from Open Space to Low Density Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. .I~ The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-120 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a property containing approximately 25 acres (being parts of L.R.I.S. Numbers 378505 and 428664) located on Fallsview Avenue except for the first 100 feet adjacent to the River shoreline, from "P" Park to "R-2" One- and Two-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I"". - , ....... The by-law entitled, "By-Law Number C.P. 100-120 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. Consideration was given to a letter from the Planning Advisory Committee recommending that, with regard to a proposed amendment to the Building By-Law concerning petroleum storage systems which was considered by Council on December 7, 1987, the ._application procedure in the Building By-Law be amended by adding: 9.2.2. (h) providing a copy of the environmental approval for any petroleum storage system larger than 2000 L. I~ -~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Building By-Law of the City of Saint John be read a first time. . Read a first time the by-law to amend the Building By-Law of the City of Saint John. ..... JI"" 489 Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Building By-Law of the City of Saint John be read a second time. Read a second time the by-law to amend the Building By-Law of the City of Saint John. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan entitled "The City of Saint John and Canadian Government Railway Subdivision", prepared by Murdoch-Lingley Ltd., and dated May 16, 1986, regarding property on Main Street. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Gerald E. Lowe of L.S.O. Enterprises Limited referring to Common Council resolutions of December 14, 1987, concerning the Central Business District and the restriction of taverns and cabarets in certain areas therein; advising that L.S.O. Enterprises Limited has been the owner of the premises at 75 King Street for some time and has been in the process commencing in the fall of 1987 of applying to City staff and other regulatory bodies for the establishment of a beverage room and cabaret at the said premises; expressing the opinion that the said resolutions clearly discriminate against the Company and are clearly intended to block its plans which were being exercised in good faith with City staff, and requesting Council to reconsider this matter and revoke the two resolutions of December 14, 1987 or alternatively exclude 73-75 King Street from its application as it has done with other premises -- be received and referred to staff. On motion of Councillor MacDougall Seconded by Councillor Knibb RESOLVED that Mr. Thomas O'Neil, solicitor for L.S.O. Enterprises Limited, be invited to address Council at this time. /1 Mr. Rodgers explained that Council, through a resolution under Section 71 of the Community Planning Act, took action which, in his opinion, under the law has the same effect as if the zoning is in place and the prohibition stated in Common Council resolutions of December 14, 1987 is now in effect as if the Zoning By-Law was enacted, and that there is no legal restriction at any time on hearing a citizen who wishes to comes forward, although he is unable to give an opinion with respect to a pending public hearing on a Zoning By-Law amendment. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Schermerhorn voting "nay". Mr. Thomas O'Neil, solicitor for L.S.O. Enterprises Limited, advised that his presence at the meeting was to observe the City's action and expressed the opinion that Common Council resolutions of December 14, 1987 are wrong both in principle and in law and requested the City to reconsider such actions. . Mr. Rodgers re-iterated his opinion that Council's action is legal, although such resolutions can be changed from a policy point of view, and discussion ensued regarding whether or not the Central Business Development Corporation has reservations with respect to this issue based on a meeting in the City Manager's Office approximately 10 days ago, and Mr. Clark advised that he would follow up in this regard with the Corporation. .1 ~ Question being taken, the original motion was carried with Councillors MacDougall, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from Thistle-St. Andrews Curling Club requesting the City of Saint John to provide a grant of $500.00 per year for the next five years and, as in previous years, to provide four Saint John books to be presented along with the City of Saint John Trophy to the winning rink, with respect to the Annual Saint John Riverboat Classic bonspiel -- be referred to the grants committee for consideration in the 1988 budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the application for grant assistance from the Saint John Jewish Historical Museum be referred to the grants committee for consideration. . Question being taken, the motion was carried. .... ~ 4~U On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the application of Manford M. Thompson Construction Company Limited for the re-zoning of property on the corner of Mollins Drive and Manchester Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 1, 1988. . Question being taken, the motion was carried. Seconded by Councillor MacDougall RESOLVED that this meeting be I On motion of Councillor Schermerhorn adjourned. Question being taken, the motion was carried. ~K2~ I . I. . 1 ~ I . ..... ,.... 4-91 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of January, A.D. 1988, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, commissioner of Finance; P. Groody, Commissioner of Human Resources; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; J. Levesque, Director of Communications and Public Relations; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; B. Sheridan, Assistant Director of Parks; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. 'I Captain Richard Steeves of the Salvation Army offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb -RESOLVED that minutes of the meeting of Common Council, held on December 21, 1987, be approved. . Councillor MacDougall, in noting that Councillor Knibb's reasons for proposing the motion to award the tender for municipal castings to Saint John Foundry Ltd. are included in the above minutes, expressed the opinion that his reasons for opposing the motion should be part of the minutes, namely, that he was supporting the recommendation of City staff and upholding the policy which he perceives to be in place of awarding a tender to the lowest bidder that formally meets the tender call. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land, the first located at 249 Bayside Drive (L.R.I.S. Number 347989), the second being an 18-foot wide strip of land immediately to the north of the first parcel (part of L.R.I.S. Number 55023949), from Low Density Residential to District Centre Commercial classification, to bring the Municipal Plan into conformity with the existing "B-2" General Business zone, as requested by Petro-Canada Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that L.R.I.S. Number 347989 and part of L.R.I.S. Number 55023949 be redesignated in Schedule 2-A of the Municipal Development Plan from Low Density Residential to District Centre Commercial classification. I """ Mr. Charles LeBlond, solicitor on behalf of Miss Claire Fairweather who is a resident of the property immediately adjacent to the proposed development, appeared in opposition to the above-proposed amendment and, in noting the presence in the Council Chamber of Miss Fairweather, her brother and her mother, requested Council, in view of pending litigation involving ownership of the property, to first determine who owns the property and then take appropriate action with respect to the proposed amendment. Mr. LeBlond distributed to Council members at this time a copy of an appraisal report from Law Real Estate Services indicating the results of its appraisal of the impact the proposed development would have on the various parcels of land in the area and noted that such development would result in a 10 to l5 per cent decrease in the value of residential properties on Mount Pleasant Avenue in the area of the proposed development. Mr. LeBlond noted that, with respect to the Claire Fairweather property which has an assessed value of approximately $65,000.00, the proposed development would result in a maximum decrease in its value of approximately $10,000.00, and suggested that Council, by allowing the development to proceed, would be allowing parties who are involved in bankruptcy litigation to benefit at the expense of the neighbouring properties which would decrease in value. Mr. LeBlond concluded that the purpose of the submitted report is to complement his previous comments to Council during its consideration of a Municipal Plan amendment and re-zoning which was the subject of a public hearing on October 26, 1987. . I Mr. Raymond Glennie, solicitor on behalf of Petro-Canada Inc., appeared in favour of the above-proposed amendment and, in noting that Council is dealing not with the question of ownership of the subject property but with a proposed Municipal Plan amendment, expressed the understanding that an order granted and registered by the court recognizes Petro-Canada's option with respect to the subject property. Mr. Glennie explained that, at the time Petro-Canada Inc made its previous application for a Municipal Plan amendment and re-zoning of property in the subject area which was the subject of an October 26, 1987 public hearing, by oversight a conflict between the Municipal Plan and the Zoning By-Law was not noted and that the purpose of the subject application is to bring into line with the Municipal Plan this particular part of the development which is already the subject of a Section 39 zoning agreement. Mr. Rodgers expressed the opinion that Council has every right to proceed with enacting or denying the proposed Municipal Plan amendment. On motion of Councillor Knibb . Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land, the first located at 249 .... ., 492 Bayside Drive (L.R.I.S. Number 347989), the second being an 18-foot wide strip of land immediately to the north of the first parcel (part of L.R.I:S. Number 55023949), from Low Density Residential to District Centre Commerclal classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Gould, Rogers and Schermerhorn voting "nay". . On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2- A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land, the first located at 249 Bayside Drive (L.R.I.S. Number 347989), the second being an 18-foot wide strip of land immediately to the north of the first parcel (part of L.R.I.S. Number 55023949), from Low Density Residential to District Commercial classification, be read a second time. 1- Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Gould, Rogers and Schermerhorn voting "nay". f On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. . Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan,two parcels of land at 325 Lancaster Avenue (L.R.I.S. Numbers 35295 and 55021943), having a combined frontage of approximately 41 meters, from Medium Density Residential to District Centre Commercial classification, to permit re-zoning of the property from "R-IB" One-Family Residential to "B-2" General Business classification, so that the existing building may be used for a restaurant and tourist home, as requested by Numidia Ltd. Read a letter from Mayor Wayne submitting a copy of a letter from The Right Honourable Joe Clark advising that, with respect to difficulties encountered by passengers travelling on the VIA Rail train, the Atlantic Limited, as it transits the United States as a result of late-night inspections conducted by United States immigration officials, officials of his office, VIA Rail and United States Immigration and Customs agreed to new procedures which will eliminate the inconvenience to transiting passengers while at the same time ensuring adherence to United States regulations and effective December 1, 1987 the inspection of transit passengers will be eliminated with only those passengers disembarking in the United States being subject to inspection, such new procedures to be evaluated during a ninety-day trial period and, if acceptable to all parties, to be formalized. I On motion of Councillor Knibb . Seconded by Councillor Rogers -- RESOLVED that the Common Council of the City of Saint John express appreciation to The Right Honourable Joe Clark, Secretary of State for External Affairs, and The Honourable Gerald Merrithew, Secretary of State for Forestry and Mines, for their efforts with regard to the changes in procedures for inspection of passengers travelling on the VIA Rail train as it transits the United States. Question being taken, the motion was carried. "I' Notice had been given to Shirley M. Couture, Owner of the formerly four-storey woodframe building located at 471 Main Street (L.R.I.S. Number 370718); Ruth Styles Dempster and Cecil Andrew Dempster, Owners of the formerly three-storey woodframe building located at 485 Main Street (L.R.I.S. Number 370726); Khalid J. Malik, Owner of the formerly three-storey woodframe building located at 477 Main Street (L.R.I.S. Number 373506); Mrs. Frank Gillen for the Margaret M. McBriarty Estate, Owner of the formerly three- storey woodframe building located at 487 Main Street (L.R.I.S. Number 373514); and Cam Controls Ltd., Owner of the formerly three-storey woodframe building located at 497 Main Street (L.R.I.S. Number 370734); to appear at this meeting of the Common Council to show cause, if any, why such dilapidated or dangerous buildings should not be removed or destroyed pursuant to the provisions of Section 17 of the 1925 Building Act. I Mr. Johnson displayed photographs of the said buildings which were damaged by fire on December 27 and 28, 1987, and expressed the opinion that such buildings were damaged in all cases more than 50% of the value of the buildings before the fire and are dangerous and need to be demolished as quickly as possible. Mr. Johnson advised that the fact that makes this an unusual situation is that, in his opinion, it is impossible for most of the owners to demolish their buildings singly-and the buildings need to be demolished collectively because of the proximity of one dangerous building . ~ ,.... 493 to th~ next and, as indicated in the submitted recommendations, such buildings should be collectively demolished under the supervision of his office. Mr. Johnson recommended that Council adopt the submitted resolutions. ~ ) Mr. Khalid J. Malik, Owner of the building at 477 Main Street, was present at the meeting and asked when the demolition will occur, how the demolition will be done and when payment for same will be demanded. Mr. Johnson replied that it is the current intention that demolition would commence on Wednesday morning, January 6, 1988 and confirmed that he will negotiate with Mr. Malik with respect to repayment of the demolition costs. Mr. Johnson added that, with regard to Mr. Malik's concern about having time to remove anything of value from his property prior to demolition, although every effort will be made to coordinate with him in this regard, in his opinion the demolition should not be delayed. Mr. Malik advised that the proposed demolition on Wednesday would not allow him adequate time to remove items from his building which is drastically under-insured to which the Mayor replied that, due to the Building Inspector's advice that the buildings are dangerous and dilapidated, it is Council's responsiblity to take action to alleviate the situation as quickly as possible. On motion of Councillor Knibb :1: Seconded by Councillor Schermerhorn RESOLVED that the fOllowing resolutions be adopted, namely:- . 1. RESOLVED that whereas notice had been given to Shirley Marguerite Couture being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 471 Main Street (L.R.I.S. Number 370718) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a building which is dangerous and unsafe so as to endanger life and limb, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 471 Main Street (L.R.I.S. Number 370718) in the said City to be a building which is dangerous and unsafe so as to endanger life and limb: BE IT FURTHER RESOLVED pursuant to section 17 of the Saint John Building Act, 1925 that the said Shirley Marguerite Couture is hereby required to remove or destroy the said building situate at civic number 471 Main Street (L.R.I.S. Number 370718) in the City of,lSaint John, before 7:00 in the morning of Wednesday, January 6, 1988: BE IT FURTHER RESOLVED pursuant to the said section 17 that, upon failure of the said Shirley Marguerite Couture to remove or destroy the said building situate at 471 Main Street (L.R.I.S. Number 370718) in the City of Saint John, within the time stated herein, the .Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Shirley Marguerite Couture. I 2. RESOLVED that whereas notice had been given to Khalid J. Malik being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 477 Main Street (L.R.I.S. Number 373506) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a building which is dangerous and unsafe so as to endanger life and limb, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 477 Main Street (L.R.I.S. Number 373506) in the said City to be a building which is dangerous and unsafe so as to endanger life and limb: BE IT FURTHER RESOLVED pursuant to section 17 of the Saint John Building Act, 1925 that the said Khalid J. Malik is hereby required to remove or destroy the said building situate at civic number 477 Main Street (L.R.I.S. Number 373506) in the City of Saint John, before 7:00 in the morning of Wednesday, January 6, 1988: . BE IT FURTHER RESOLVED pursuant to the said section 17 that, upon- failure of the said Khalid J. Malik to remove or destroy the said building situate at 477 Main Street (L.R.I.S. Number 373506) in the City of Saint John, within the time stated herein, the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Khalid J. Malik. I 3. RESOLVED that whereas notice had been given to Ruth Styles Dempster and Cecil Andrew Dempster being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 485 Main Street (L.R.I.S. Number 370726) in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a building which is dangerous and unsafe so as to endanger life and limb, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 485 Main Street (L.R.I.S. Number 370726) in the said City to be a building which is dangerous and unsafe so as to endanger life and limb: I BE IT FURTHER RESOLVED pursuant to section 17 of the Saint John Building Act, 1925 that the said Ruth Styles Dempster and Cecil Andrew Dempster are hereby required to remove or destroy the said building situate at civic number 485 Main Street (L.R.I.S. Number 370726) in the City of Saint John, before 7:00 in the morning of Wednesday, January 6, 1988: . BE IT FURTHER RESOLVED pursuant to the said section 17 that, upon failure of the said Ruth Styles Dempster and Cecil Andrew Dempster to remove or destroy the said building situate at 485 Main Street (L.R.I.S. Number 370726) in the City of Saint John, within the time stated herein, the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Ruth Styles Dempster and Cecil Andrew Dempster. 4. RESOLVED that whereas notice had been given to Mrs. Frank Gillen for the Margaret McBriarty Estate being the owner, as appears by the records of .the Registrar of Deeds for the County of Saint John, of the building located at civic number 487 Main Street (L.R.I.S. Number 373514) in the City of Saint John, requesting that the ~ ., ~ 494 said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a building which is dangerous and unsafe so as to endanger life and limb, and having considered the report of the Inspector of Buildings, the Common Council hereby deems and declares the said building located at 487 Main Street (L.R.I.S. Number 373514) in the said City to be a building which is dangerous and unsafe so as to endanger life and limb: . ~ BE IT FURTHER RESOLVED pursuant to section 17 of the Saint John Building Act, 1925 that the said Mrs. Frank Gillen for the Margaret McBriarty Estate is hereby required to remove or destroy the said building situate at civic number 487 Main Street (L.R.I.S. Number 373514) in the City of Saint John, before 7:00 in the morning of Wednesday, January 6, 1988: BE IT FURTHER RESOLVED pursuant to the said section 17 that, upon failure of the said Mrs. Frank Gillen for the Margaret McBriarty Estate, to remove or destroy the said building situate at 487 Main Street (L.R.I.S. Number 373514) in the City of Saint John, within the time stated herein, the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Mrs. Frank Gillen for the Margaret McBriarty Estate. I 5. RESOLVED that whereas notice had been given to Cam Controls Ltd., being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 497 Main Street (L.R.I.S. Number 370734) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a building which is dangerous and unsafe so as to endanger life and limb, and having considered the report of the Inspector of Buildings, th~ Common Council hereby deems and declares the said building located at 497 Main Street (L.R.I.S. Number 370734) in the said City to be a building which is dangerous and unsafe so as to endanger life and limb: I . BE IT FURTHER RESOLVED pursuant to section 17 of the Saint John Building Act, 1925 that the said Cam Controls Ltd., is hereby required to remove or destroy the said building situate at civic number 497 Main Street (L.R.I.S. Number 370734) in the City of Saint John, before 7:00 in the morning of Wednesday, January 6, 1988: BE IT FURTHER RESOLVED pursuant to the said section 17 that,_upon failure of the said Cam Controls Ltd., to remove or destroy the said building situate at 497 Main Street (L.R.I.S. Number 370734) in the City of Saint John, within the time stated herein, the Inspector of Buildings cause such work to be done and the cost thereof recovered from the said Cam Controls Ltd. 6. RESOLVED that since the five buildings at 471 to 497 Main Street inclusive are attached to each other and their individual, safe demolition is not possible because of their present condition, the demolition of these buildings shall be coordinated under the supervision of the Building Inspector. -I =- 7. RESOLVED that the Building Inspector is authorized to act as agent for these property owners for the coordinated, safe and economical demolition of these five buildings. Question beingc taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Ci~y Manager, the low tender as submitted by A. Simpson Contracting Lt~., .In the amount of $9,800.00, be accepted, for the demolition of the bUlldlngs.l?cated at 471, ~77, 485, 487 and 497 Main Street, subject to the owners falllng to comply wlth the Common Council resolutions of January. 4 1988. .' - . , . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan _ . RESOLVED that the report from the Cl~y Manag~r referrlng to Common Council resolution of September 28, 1987 whlch provlded for the cleanup of the MacKnight Motors property at 551, 565 and 567 Rothesay Avenue (L.R.I.S. Numbers 304576, 304584 and 306118); advising tha~, when st~ff prepared to actually clean the property, the Works Department declded that It w~s unable to do the work with its own forces and equipment and that the serVlces of an automobile towing firm must be hired and a tempo:ary storage compound must be established; and recommending that Common Councll resolution of September 28, 1987 be amended to read: "The Building Inspector and su7h persons as he may require are hereby authorized to enter upo~ the propertles to remedy the unsightly condition by removing the automobile bodles and a~tomobile p~rts and junk in the event that MacKnight Motors does not comply wlth the Notlce referred to herein." -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. _Re~d a letter from the City Solicitor submitting a proposed amendment t? the BUlldlng By-Law regarding petroleum storage systems, which was given flrst and second readings on December 21, 1987. . ~ ,.... 495. On motion of Counclllor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law Number C.P. 101-5 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", with regard to petroleum storage systems be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-5 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its entirety. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law Number B~112 Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. -I The by-law entitled, "By-Law Number B-112 Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. Read report of the Committee of -the Whole (as follows) To the COMMON COUNCIL of the City of Saint John . The Committee of the Whole reports Your Committee begs leave to report that it sat on December 21, 1987, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb,MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the Mayor and Common Clerk be .authorized to execute the submitted Occupation Permit with the Canadian National Railway Company relative to the demolition of the grain elevator on Water Street. '1- 2. That as recommended by the City Manager, (1) the timeframe for the completion of the required 24 units of housing in order to qualify for GRIP funding be extended from 18 months to 24 months of the issuance of the first building permit; (2) where applicable, the date for completion of the 24 units be extended from December 31, 1988 to June 30, 1989; (3) all GRIP agreements be amended accordingly; and (4) the procedures for advancing GRIP funds remain unchanged. . 3. That as recommended by the City Manager, (1) effective January 1, 1988, the current position of Assistant Director of Recreation be replaced with the position of Acting Director of Recreation, and further that the current position of Assistant Director of Parks be replaced with the position of Acting Director of Parks; (2) Mr. Jack Brownell be appointed Acting Director of Recreation, and that Mr. Brian Sheridan be appointed Acting Director of Parks with the understanding that these positions will be filled prior to July 1, 1988; (3) these Acting Directors report to the Assistant City Manager _ Operations, effective January 1, 1988; (4) during the six-month transition period commencing January 1, 1988, the Director of Recreation and Parks continue to report to the Assistant City Manager - Operations to assist in the smooth transition of these necessary changes and also to work on implementing the proposed Rockwood Park management changes; (5) upon the retirement of the present Director of Recreation and Parks on or before June 30, 1988, the position of Director of Recreation and Parks be abolished; and (6) the foregoing appointments are not made pursuant to Section 74 of the Municipalities Act. 4. That Common Council deny the application of Mr. Gordon Messer for retirement under Section 9(1) of the City of Saint John Pension Act. I January 4, 1988, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Knibb be adopted. Seconded by Councillor Schermerhorn RESOLVED. that section 1 of the above report Question being taken, the motion was carried. I On motion of Councillor Knibb adopted. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 3 of the above report be . (Councillor M. Vincent withdrew from the meeting.) ~ ., 4~6 Question being taken, the motion was carried. On motion of Councillor Schermerhorn " . Seconded by Councillor Fle\vwelling RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillors Gould, Rogers, Vaughan and A. Vincent voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the application of The Roman Catholic Bishop of Saint John for the re-zoning of property at 32 Leinster Street, 40 Leinster Street, 43 Carmarthen Street, 56-58 Sydney Street and 60-62 Sydney Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 8, 1988. Question being taken, the motion was carried. Following a brief recess and a Legal Session of Council, the Common Council meeting resumed. 1- The Mayor explained to the members of the media and senior staff, who were requested to withdraw from the Council Chamber during the above- mentioned recess and Legal Session, that Council in Legal Session discussed further the matter of the dangerous and dilapidated buildings on Main Street in view of having been given information in this regard; however, this is no further action required by Council at this time. . On-motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that two notices from the Liquor Licensing Board, which were distributed to Council members earlier this date, be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the notices from the Liquor Licensing Board advising that the hearings of the applications of M.B. & F. Smoke Shoppe Ltd. for a beverage room license and Cobeco Holdings Inc. for a dining room license with respect to premises at 1 Market Square and 519 Westmorland Road, respectively, will be held on January 8 and January 7, respectively, be received and filed. _10 =- Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . 0,"(f ~ V/;///YIfd/ ommon Clerk I I . ~ ,.... .. '~9Jl At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of January, A.D. 1988, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhor~, Vaughan, A. Vincent and M. Vincent - and - I Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City SOlicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works Operations; D. O'Leary, Director of Economic Development; J. Levesque. Director of Communications and Public Relations; J. Brownell, Acting Director of Recreation; B. Sheridan, Acting Director of Parks; J. Johnson, Building Inspector; T. Totten, Deputy Commissioner of Finance; B. Belyea, BUdget Officer; E. LeBlanc, Insurance Coordinator; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Reverend Edward Paw of Portland United Church offered the opening prayer. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on January 4, 1988, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb ,I Seconded by Councillor Vaughan RESOLVED that the report of the Economic Development Advisory Board and the report of the Mayor's Task Force concerning the University of New Brunswick - Saint John Campus (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that an item regarding the production f television programs and video cassettes of World Chess Festival (which was considered n Committee of the Whole earlier this date) be added to the agenda for consideration at his meeting. Question being taken, the motion was carried. . The Mayor suggested that, in view of the lack of parking in the area of Rockwood Park and the Lily Lake Pavilion and the number of persons taking advantage of winter activities in this area, the City should plow the former Rockwood Park School property to provide additional parking space to which Mr. Jamer replied that it is staff's intent to commence plowing the subject area this week because of the forthcoming New Brunswick Speedskating Championships scheduled for January 16, 1988 at Lily Lake. ".1 ~ The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development lan, to redesignate six individual parcels of land located between Broad Street and roadview Avenue, east of Charlotte Street with a total of 350 feet frontage on Broad treet, 280 feet frontage on Broadview Avenue and 200 .feet frontage on Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552), from Medium ensity Residential to Light Industrial classification, and (b) re-zoning the same parcel f land from "RM-l" Three-Storey MUltiple Residential to "I-I" Light Industrial classification, o permit the development of a building to house a wholesale electrical distributor, as equested by Harris and Roome Limited, and that no written objections were received in his regard. I Consideration was given to a letter from the Planning Advisory Committee recommending that (1) S7hedule ~-A of the M~nicipal.Development.Plan be ~m~nde~ by . redesignating, from Medlum Denslty Resldentlal to Llght Industrlal classlflcatlon, SlX parcels of land located between Broad Street and Broadview Avenue, east of .Charlotte Street being L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552, and (2) re-zone the same parcels from "RM-l" Three-Storey Multiple Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Sec~ion 3~ of. the Community Planning Act which would: (a) adopt the proposal for an electrlcal dlstrlbutor, but with only one entrance on Charlotte Street, (b) require that a new concrete curb and sidewalk be developed on the Charlotte Street frontage by the developer, (c) that site planning be extended to the street curb and (d) that building and site detail be approved by the Director of Planning prior to issuance of a building permit. . .... ., 496 . Mr. Terrence Hutchinson, solicitor for the applicant, appeared In favour of the above-proposed amendments and introduced Messrs. K. . Roberts, President, dnd J. Y. Hickman, Corporate Secretary of Harris and Roome Limited. Mr. Hutchinson clarified that, with regard to the notation in the submitted report from the community Planning Department to the Planning Advisory Committee that expansion plans may be difficult without the purchase of other properties on the block, the applicant is not asking for approval on the area designated for expansion on the site plan and that such area is shown as possible future use and the applicant is aware that any plans in that regard require~the_necessary approvals and permits from the City. With respect to the dual-entranceway shown on the site plan and the recommended section 39 condition for only one entrance on Charlotte Street, Mr. Hutchinson advised that, although, the applicant has no difficulty with the recommendation, after further meetings with City staff, the applicant may in the future wish to have City staff re-examine the proposal for a dual-entranceway on the basis that the design has been used by the applicant in other locations and is a~tractive, efficient and adds to the green area. . I ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use plan of the Municipal Development Plan, six parcels of land located between Broad Street and Broadview Avenue, east of Charlotte Street (L.R.loS. Numbers 315.,323,55041529,55041537,55041545 and 55041552), from Medium Density Residential to Light Industrial classification, be read a first time. I Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". . Question being taken, the motion was carried. on motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, six parcels of land located between Broad Street and Broadview Avenue, east of Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552), from Medium Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". I~ Question being taken, the motion was carried. On motion of councillor Schermerhorn Seconded by councillor Knibb RESOLVED that the by-law to amend the. zoning By-Law of the City of Saint John, insofar as it concerns re- zoning six parcels of land located between Broad Street and Broadview Avenue, east of Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552), from "RM-l" Three-Storey Multiple Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the community Planning Act as recommended by the Planning Advisory committee, be read a first time. . Read a second time the by-law to amend the zoning By-Law of the city of Saint John. Question being taken, the motion was carried. On motion of councillor schermerhorn \I~ Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the city of Saint John, insofar as it concerns re- zoning six parcels of land located between Broad Street and Broadview Avenue, east of Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552, pursuant to Section 39 of the community planning, Act as recommended by the Planning Advisory committee, be read a second time. Read a second time the by-law to amend the zoning By-Law of the city of Saint John. Question being taken, the motion was carried. I On motion of councillor Schermerhorn Seconded by' councillor Knibb RESOLVED that the letter from the planning Advisory Committee regarding the above-proposed amendments be received and filed. . Question being taken, the motion was carried. ~ JI"" ~Sl9 The Common Clerk advised that the necessary advertising was completed with resp~ctt~ the.proposed closing of Skaling Court, and that no written objections were recelved In thls regard. No person was present to speak either against or in favour of the proposed street closing. . On motion of Councillor Schermerhorn Seconded by Councillor Gould . . RESOLVED that the by-law entitled, "A By-Law To ~~~~,A ~Yt-hLaw Respectlng The Stopplng Up And Closing Of Highways In The City Of Saint Wl respect to closing Skaling Court, be read a first time. J~ Mr. Todd explained that, although Skaling Court is shown as being in the above.locatlon on the flIed plan, Skaling Court as it actually exists is in a different loca~lon from that shown on the filed plan; therefore the proposed amendment will close Skallng Court as shown on the plan and the actual Skaling Court will still exist. Read a first time the by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping up And Closing Of Highways In The City Of Saint John". I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled Amend A ~y-Law Respecting The Stopping up And Closing Of Highways In Th~ John", wlth respect to closing Skaling Court, be read a second time. Read a second time the' by-law entitled, "A By-Law To Amend A By-Law Respecting Stopping Up And Closhlg Of Highways In The City Of Saint John". "A By-Law To City Of Saint The Question being taken, the motion was carried. . Mr. .Ton~ Gog~n, President of Students' Representative Council of the university of Ne~ Brunswlck In Saln~ John, addressed Council concerning University funding and explalned that UNBSJ, belng part of the UNB system which includes the Fredericton Campus, lS not funded.se~arately by the Government and that the Maritime Provinces IIlgher Educatlon CommlSSlon recommends to the Provincial Government the amount of funding to be allocated to universities in the Maritime Provinces and that funding goes to the University of New Brunswick as a whole to be allocated by the Board of Governors to each campus. Mr. Gog~n advised that~ at the request of the Commission following a recommendatlon of a commlttee composed of faculty and administrators of both the Fredericton and Saint John Campuses that funding be done separately to each individual campus which would provide a means of establishing the needs of the campuses individually, a committee is currently preparing a statement of purpose for the Commission in order to determine the viability of separate funding, which is anticipated to be completed by late spring. Mr. Gogan also advised that, following the said request of the Commission, the UNB Board of Governors in 1985 altered the funding plan which was in place at that time and, rather than base the formula 100% on enrollment, funding was based on 25% enrollment, with a certain base amount of funding and a certain allocation per student which is one-quarter of what was had previously. Mr. Gogan also explained that the problem UNBSJ students and faculty have with the 1985 formula is that it omits one major consider~_ at ion provided for by the commission formula, that being that, if campus enrollment increases by 25% relative to other campuses in the Province over a three-year period, the amount of the base increases; and also advised that UNBSJ-SRC Inc. is asking that, until such time as the new statement of purpose is forwarded to the Comuission, UNBSJ again be considered for separate funding by the reinstatement of the former formula. Mr. Gogan referred to the previously-submitted position paper and noted the issues therein with respect to the difference in the former formula arid the 1985 formula of funding, the Commission's consideration to abolishing special growth funding, the projected loss of $3.2 million based on enrollment estimates to UNBSJ between now and 1991-92, the percentage of growth by UNBSJ and the Fredericton Campus, and the admission standards of the two campuses. Mr. Gogan requested the City's support to UNBSJ-SRC Inc. in one of two ways, by the Mayor, as a member of the UNB Board of Governors, providing vocal support to the cause, or by a letter of support to the Board of Governors from the City explaining the economic ramifications to the City. ,I .1 Her Worship the Mayor advised that the Mayor's Task Force, composed of Councillors Davis and MacDougall and private citizens, and the Economic Development Advisory Board have submitted reports with respect to. University funding and that she will request on January 12 the right to make a presentation with an accompanying delegation at the January 18, 1988 meeting of the UNB Board of Governors in this regard. Mr. Gogan explained that the reason for the 1985 formula now being in question is that it was not debated upon previous by the UNB Board of Governors, having been part of a complicated budget presentation as a footnote at the bottom of a table which outlined estimated financing for both campuses, and, not having been seen as an issue at that time, the 1985 formula will be debated at the forthcoming Board meeting, and advised that the Faculty Council of UNBSJ has also prepared a report on Campus financing with the majority being in favour of the position of UNBSJ-SRC Inc. The Mayor advised that council would render a decision with regard to Mr. Gogan's presentation later in the meeting. Read a letter from the City Manager advising that the three principles of the 1987 budget of (1) continuing to deliver quality municipal services to the citizens of Saint John, (2) presenting a budget which is progressive and forward looking as the City confronts its future economic and social challenges and (3) producing a budget which is sensitive to the need for fiscal responsibility and prudence, were maintained .1 ".. . ..... ., oJ 500 In t.e budget package but this year these themes are tempered by the reqUlrement for consolidation; also advising that in 1988 the Unconditional Grant is increasing by only 1.58% with the actual grant being approximately $500,000.00 less than had been anticipated which represents two cents on the tax rate; also advising that there was a very positive response by city departments to the request to adhere to a guideline increase of 2% over 1987 budgets for goods and services and a zero increase for personnel budgets; stating that, with consolidation as the watchword, the changes to programs are more in the nature of fine-tuning; for example, the Public Relations budget is increased as the City seeks to keep the citizens better informed about the services and activities provided for them and thus increase the effectiveness of these services, additional funding has been allocated to Municipal Operations for some program enhancement such as weekend street cleaning in the uptown area and for street, curb ~nd sidewalk repairs, the golf course budget has been increas~d.to ser~lce the full 18 holes for the first time this year, increased efflclency wlll be realized in the City garbage collection with the purchase of two larger garbage packers, and other equipment is being replaced where and wh~n needed, such as two pumpers in the Fire Department and fou~teen pollC~ . cars; and, with'respect to the developmental area, commentlng on provlslons for several new or improved programs in the Visitor and Convention area, the Economic Development area, the Strategic plan process, Heritage planning, ~nd the Minimum Property Standards area. The letter notes that the budget lnclu~es ?rants for a wide variety of social, cultural and recreational, organlzatlons; comments on rentals and fees which will be adjusted to reflect the cost of various services provided by the City which reflect on the revenue.projections, such as green fees at Rockwood Park, dumping fees for commerclal.operators at the sanitary landfill site and building permits and other.s~rvlces ~rovided by Building Inspection; and, concerning fiscal responslblllty, advlses that the sound fiscal management policies which enabled the City to achieve a stable tax rate over the past several years have been continued in this budget and, although it should have been possible to keep the 1988 tax rate unchanged from the 1987 rate of 1.549 per $100.00 of assessment, the totally inadequate increase in the provincial unconditional Grant has not enabled that goal to be met and the 1988 tax rate will be increasing by two cents to 1.569 per $100.00 of assessment, an increase of 1.3%, and emphasizes that again in 1988 further progress is being made in the goal of providing Saint John with long-term financial security and the 3.6% increase over 1987 in fiscal services provides for $1,675,000.00 of capital projects to be financed directly from the operating budget and, of the fiscal services budget, 62% relates to principal repayment and 38% relates to the short- and long-term interest expenses which is an improvement over 1986 when the proportion was 49%-51% and 1987 when it was 59%-41%, and states that the long-term objective of not issuing further bonds should be reached in 1992-93 on the assumption that capital programs are maintained at currently projected levels. The letter recommends that Council adopt the Budget, Warrant and Tax Rate as covered in the submitted resolutions. . ~I -~' I . I Messrs." Clark and Wilson commented on the 1988 Operating Budget and, referring to graphic charts (copies of which were distributed to Council members), Mr. Wilson compared the tax rate from 1984 to 19,88 which in the five-year period has increased by 3.3%. Discussion ensued during which time it was noted that the Rockwood Park ski hill will not operate again this year and, with respect to the increase in green fees at Rockwood Park, Mr. Wilson advised that, because of the purchase of large pieces of equipment for Rockwood Park, such increase will not result in the Rockwood Park golf course being in a break-even position; the portion of the Police Department budget allocated to the Saint John Board of Police commissioners;was questioned; the reduction in funding from the Province of New Brunswick with respect to the firefighters' training school was explained; and the Mayor commented on the increases in the City in 1987 in housing starts, motor coach tours, visitors, trade'shows, conventions and sports enthusiasts, and small businesses. . On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the amount of $75,648,762.00 be adopted as the estimate required for the operation of The city of Saint John for the year 1988 as follows: General Government protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation & Cultural Services Fiscal Services $ 5,902,245.00 24,976,830.00 18,503,200.00 1,384,900.00 7,202,862.00 6,823,625.00 10,855,100.00 I. $75,648,762.00 _ a more detailed breakdown of the above estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. . ..... ,.... 50] On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the amount of $6,728,224.00 be adopted as the estimate for Non-Tax Revenue for the year 1988, a more detailed breakdown of this estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Schermerhorn J Seconded by Councillor Knibb RESOLVED that the Provincial Unconditional Grant of $29,119,800.00 be incorporated in the 1988 budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan ., RESOLVED that the estlmate requlred by levy on real property assessment liable to taxation under the Assessment the City for the year 1988 be adopted in the amount of $39,800,738.00. to be raised Act within On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the rate at which the amounts comprising the above estimates is to be levied, be fixed at $1.569 on each $100.00 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of The City of Saint John. . Question being taken, the motion was carried. , Consideration was given to the portion of the above letter from the City Manager respecting the 1988 Operating Budget of the Water and Sewerage Utility, advising that the operating expenses are forecasted to increase from $7,452,100.00 to $7,835,570.00, an increase of 5.1%, with fiscal charges forecasted to increase from $5,641,700.00 to $5,981,875.00, an increase of 6.0%, which means the total of these expenditure requires that the revenue raised by the Utility be $13,817,445.00, an increase of 5.5% over the revenue forecasted in 1987; also advising that the charge levied against customers receiving sewerage services is set at 94% of the water rate as set out in the By-Law and the trend over the last five years of the cost of collecting and treating sewage rising at a faster rate than the cost of purifying and distributing water has now resulted in the cost of supplying sewerage service equalling that of providing water services, and that the proposed 1988 budget reflects the By-Law change, raising the sewerage charge to equal 100% of the water charge; and setting out the proposed 1988 increased rates for flat rate customers/per unit as follows: (a) the customer who takes advantage of the annual payment plan, at the recommended discount date of March 31, 1988 ~ $204.00, (b) the customer who chooses to pay quarterly within the discount period - $240.00, and (c) the customer who chooses to pay at his/her convenience and never takes a'discount - $276.00, compared to 1987 rates of $191.43, $212.70 and $244.60, respectively. The letter also advises that, although the proposed budget is based on a 6% increase in the water rates to all metered customers, this 6% increase will not directly correspond to an increase of 6% in the metered customer's bill as the recommendation to increase the sewage rate to 100% of the water rate along with the 6% water rate increase will result in metered customers experiencing an increase in their bills of slightly in excess of 9%, such rates necessitated by the existence of demands for increased quality, more sewage treatment and increased demands for uninterrupted supply from the commercial sector at a time when the Utility incurred a total operating deficit of $853,826.00 in the years 1984 to 1986; notes that the recommended quarterly billings for flat rate customers will result in the Utility having to send out two less billings per year and, with respect to connection charges, the recommended standard $1,800.00 connection charge regardless of the number of services in the trench should eliminate the current situation wherein the cost for staff to perform this function is approximately $2,000.00 and the developer is billed from between $250.00 to $900.00 depending on the number of services being installed, while the developer may still choose to undertake this work at his own expense subject to an inspection fee of $50.00. The letter proposes that, while property owners will still be responsible for carrying out routine maintenance on the sewer lateral in the street right-of-way, commencing in 1988 the City will accept responsibility for repair or renewal, provided that the problem is not caused by misuse of the system by the property owner, and submits recommendations for Council's consideration. I . _1- Mr. Totten highlighted the proposed 1988 Water and Sewerage Utility budget and compared the proposed $204.00 annual charge for customers who take advantage of the annual payment plan to rates charged in other cities, and Mr. Butler commented on the proposal for the City to accept responsiblity for sewer laterals in the street right- of-way. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the estimate of revenue for the Water and Sewerage Utility for the year 1988 in the amount of $13,817,445.00 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 1988 in the amount of $13,817,445.00 be adopted; a more detailed breakdown of the said estimate is attached and forms a part of these minutes. ~ v 502 ., Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By- Law Respecting Water & Sewerage". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A ByLaw To Amend A By-Law Respecting Water & Sewerage", be read a second time. Read a second time the by-law entitled, "A By'-.Law', To Amend A By-Law Respecting Water & Sewerage". Question being taken, the motion was carried. Consideration was given to the reports from the Economic Development Advisory Board and the Mayor's Task Force, which were added to the agenda earlier in this meeting, and to the presentation at this meeting by the Students' Representative Council of the University of New Brunswick - Saint John, with respect to UNBSJ funding. Consideration was also given to a letter from Saint John College Development Incorporated regarding the change made by the Maritime Provinces Higher Education Commission in the financing formula for the University of New Brunswick which has resulted in the formulation of a report by a Committee of the Board of Governors of the University of New Brunswick which recommends that the University take the position that, in order to force the Higher Education Commission to give independent funding to the Saint John Campus, it will apply the same financing formula to the Saint John Campus as the Commission applies to the funding of the University as a whole; expressing concern with respect to the failure of the Board to treat the Saint John Campus on its merits rather Ehan using it as a pressure point to bring about a change which would relieve the Board of its responsibilities; suggesting that, should the Board adopt a policy of applying the same grant formula to the Saint John Campus as the Maritime Provinces Higher Education Commission applies to the University as a whole, there could be serious problems for the future development of UNBSJ; also suggesting that, if the University's Board of Governors insists on separate funding for the Saint John Campus, it should accept the feasibility of a separate Board of Governors or an otherwise independent University; and requesting Council to take action to ensure that the Saint John Campus will be allowed to continue to grow and serve the interests of all of New Brunswick, southern New Brunswick and Saint John, in particular. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Mayor's ,Task Force with respect to UNBSJ, (1) the Board of Governors of UNB immediately revert to the previous funding formula between campuses until such time as the roles of the campuses have been defined and adequate funding be provided; and (2) the Board of Governors of UNB quickly determine the roles of each campus of UNB with the role of UNBSJ being that of providing a centre of excellence in such areas as health sciences, marine sciences, social sciences and business administration, with a strong arts and science base. The Mayor expressed her intent to present all of the above concerns to the UNB. 'Board of . Governors at the forthcoming meeting-,and noted that the recommendations in the submitted reports all focus in the same direction. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following recommendations of the Economic Development Advisory Board be incorporated with the above resolution, and that the Mayor be authorized to use such recommendations and whatever other resources she finds necessary to make appropriate representation to the UNB Board of Governors: (1) the Mayor and Common Council of the City of Saint John meet, as soon as possible, with the University of New Brunswick's Board of Governors, to, express concern about the future of UNBSJ, (2) immediate steps be taken to determine, and have finalized, the role and scope of the University of New Brunswick, as recommended by the Deutsch Report in 1975 and the Maritime Provinces Higher Education Commission in 1985, (3) the University must improve the administrative and organizational arrangements of the Saint John Campus to best serve the aspirations of students, the needs of the community of Saint John and the Province and serious consideration must be given to . ~I ~I' . ( , . I .:c;- ~l . ..... ,.... ~a~ developing a masters level program in Business administration, such program to be recognized for excellence in business and entrepreneurial skills, and (4) consultation to be initiated immediately between the University and the appropriate health care agencies to determine how the health services needed, as referred to in the Deutsch Report, can be met and to introduce expanded programs to best serve the aspirations of the community of Saint John and the Province. . Question being taken, the motion was carried. On motion of Councillor Knibb ,- Seconded by Councillor A~ Vincent RESOLVED that the Common Council of the City of Saint John support the position of the Students' Representative Council of the University of New Brunswick - Saint John Campus with respect to university funding. Question being taken, the motion was carried. The Mayor noted that the letter from Saint John College Development Incorporated will be part of her presentation to the UNB Board of Governors. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender as submitted by Paul's Trucking & Demolition Ltd., in the amount of $4,660.00, be accepted for the demolition of the building located at 146 Mecklenburg Street. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Prince William Street The Power Commission of the City of Saint John Reconstruction of Prince William Street electrical Original estimated value of contract Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated December 22, Final payment $ 40,000.00 50,319.97 Nil Nil 1987 $ 50, 319.97 J 2. Contract 86-23 St. James Street Water and Sewer Renewal Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated December 29, 1987 Final holdback release $109.259.10 112,039.36 Nil 76,148.51 $ 35,890.85 . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the City of Saint John obtain the following insurance coverage for the year 1988 from Commercial Union Assurance Company of Canada:- 1 (1) Fire (2) Automobile (3) Comprehensive General Liability $ 70,834.00 99,172.00 175,999.00 Total $346,005.00 (Councillor M. Vincent re-entered the meeting.) J Mr. LeBlanc advised that, as Saint John has a good loss ratio, he is unable to understand why only one local insurer in the City would quote on liability insurance and also that the City's accident rate is holding its own and has improved in the last year. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor MacDougall RESOLVED that as recommended by the City anager, the Mayor and Common Clerk be authorized to execute the submitted performance contracts with respect to the performances of Mr. Frank Patterson, Ms. Edith Butler and Zappacosta during World Chess Festival. Question being taken, the motion was carried. ~ ., 5>Q'4" On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a contract with Tier One Communications Inc. and correspondence from the City Solicitor in this regard; advising that, with respect to the City Solicitor's comment about additional expenses related to the production of a video, this additional $30,000.0'0 for video- tape duplication is contained elsewhere in ,the global World Chess Festival budget; also advising that, with respect to the payment of out-of-pocket expenses during the production phase of this contract, it is correct that this is above the $125,675.00 referred to in the contract, however, this is normal to these types of arrangements and has been budgeted accordingly; further advising that, concerning the point raised by the City Solicitor regarding the City's obligation with respect to Clause (g) on page 2 of the contract, the City's Insurance Coordinator states that this clause appears to be reasonable and should not be a concern to the acceptability of the agreement and merely asserts that Tier One is acting at the request of the City and thereby assumes that the City has the rights to the material used::in:_the desired product and the City has personal injury coverage which does cover libel and slander, and recommending that the Mayor and Common Clerk be authorized to execute the submitted agreement with Tier One Communications Inc. -- be received and filed and the recommendation adopted. . -~I. ~I Question being taken, the motion was carried. Consideration was given to a report from the City Manager suggesting that permits should be issued on the basis that the user pays for the value that has been received; however, in the case of excavation permits, the application costs money to process and inspections are required to ensure that the work is done in accordance with the terms and conditions contained in the Zoning By-Law and on the permit; advising that the cost of staff activitiy in issuing excavation permits is on average $800.00 per permit while Section 880 of the Zoning By-Law provides for a fee of $50.00; also advising that recommended changes to the Zoning By-Law will result in an increase in revenue from $500.00 in 1987 to $2,000.00 in 1988, $3,500.00 in 1989 and $5,000.00 in 1990, although the City may not be able to achieve all of the increase for 1988 because many of the 1988 excavators will have applied before passage of the proposed amendment; and recommending that (1) Common Council refer the proposed Zoning By-Law amendment to the Planning Advisory Committee for a report and recommendation and authorize advertising for the public hearing of Section 880(7) of the Zoning By-Law and (2) Common Council give first reading to the following amendment to the Zoning By-Law:- Section 880(7) be deleted and replaced with the following:- Section 880(7) "an excavation permit is valid until the 31st day of December of the year in which it was issued and the fee for such permit will be $200.00 in 1988, $350.00 in 1989 and $500.00 thereafter". . On motion of Councillor Schermerhorn I, l~ Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a proposed Zoning By-Law amendment regarding excavation permit fees be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 15, 1988: AND FURTHER that the by-law to amend the Zoning By-Law of the City of Saint John, with regard to the excavation permit fee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the report from the City Manager advising that the-Mobile Hoine..Parks By'--.Law- requires.- that ann-application for a license be accompanied by a fee of $25.00 and that, of the six mobile home parks in the City of which one is licensed and one should soon be capable of being licensed, the other four mobile home parks require considerable staff time to establish the work required by the owners to bring the parks into compliance; and recommending that the following amendment to the Mobile Home Parks By-Law be given first reading: (1) delete lea) and replace with l(a) "Commissioner of Works" means the Assistant City Manager for Operations for the City of Saint John; and (2) delete the words "Twenty-Five dollars" in Section 6(2) and replace with the words "One Hundred dollars in 1988, One hundred and seventy-five dollars in 1989 and Two hundred and fifty dollars thereafter", be received and filed: ( =, I AND FURTHER that the by-law to amend the Mobile Home Parks By-Law be read a first time. Read a first time the by-law to amend the Mobile Home Parks By- Law. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor MacDougall RESOLVED that the by-law to amend the Mobile Home Parks By-Law be read a second time. ~ ,.... ~o_~ Read a second time the by-law to amend the Mobile Home Parks By Law. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I~- Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, in preparing the 1988 operating budget, staff observed that the fee received with respect to plumbing inspection and related activities was substantially lower than" the cost of providing the service with the expenditures and revenue in 1987 being $101,700.00 and $53,000.00, respectively, and that an additional fee increase will add $10,000.00 in revenue in each of 1988, 1989 and 1990; and recommending that the Plumbing By-Law be amended as follows and that first reading be given .to the proposed amendment:- (1) by deleting the wording "Fifty ($50.00)" in Section 4 (2) (a) and substituting "One hundred and fifty ($150.00) in 1988 and two hundred ($200.00) thereafter"; (2) by deleting the wording "One hundred ($100.00)" in Section 5(3) and substituting "One hundred and fifty ($150.00) in 1988 and two hundred ($200.00) thereafter"; (3) by deleting the wording "One hundred ($100.00)" in Section 5(4) and substituting "One Hundred and fifty ($150.00) in 1988 and two hundred ($200.00) thereafter"; (4) by deleting the wording "Ten dollars ($10.00)" in Section 7 (4) (b) and substituting in its place the wording "Fifteen ($15.00) dollars in 1988 and twenty ($20.00) dollars thereafter"; and (5) by deleting the wording "Four ($4.00) dollars" in section 7 (4) (b) and substituting in its place the wording "Five ($5.00) dollars in 1988, Six ($6.00) dollars in 1989 and Eight ($8.00) dollars thereafter" -- be received and filed: I AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", be read a first time. Read a first time the by-law entitled,' "A By-Law To Amend A By-Law Respecting The Plumbing Trade and Master Plumbers". . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers". Question being taken, the motion was carried. ,I ~. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, although the level of service in Saint John compares very well with both Fredericton and Moncton and in the case of Fredericton there are other costs associated with a building permit that increase the cost to the applicant, the current building permit fees in Saint John are substantially lower than Moncton and less than Fredericton, and that the current level of fees does not provide sufficient revenue to pay for the service provided by the City; submitting proposed permit fee changes which should result in an additional revenue of $60,000.00 in 1988; and recommending that (1) the proposed amendment to the Building By-Law be referred to the Planning Advisory Committee for review and comment and (2) Common Council give first reading to the proposed amendment as follows:- Delete subsection 9.6 and replace with: 9.6 Permit Fees Permit fees are computed by the Building Inspector in accordance with Section 10 and the following schedule of rates. ,1 9.6.1. Miscellaneous Permits For accessory buildings less than 60 m2, retaining walls, conversions less than $1000.00 signs, or temporary buildings described in subsection 9.7., the fee shall be $50.00 in 1988 and $100.00 thereafter. For miscellaneoW~,yermits that involve properties occupied by only a single or two-family residential property, the fee shall be $35.00 in 1988 and $50.00 thereafter. 9.6.2. Demolition Permit The demolition permit fee shall be $100.00 in 1988, $150.00 in 1989 and $200.00 thereafter. A deposit is required as outlined in subsection 16.2. I 9.6.3. Occupancy Permit (a) There will not be any fee with respect to a change of occupancy which results from work which was done under a building permit or a miscellaneous permit. (b) A fee of $50.00 shall be charged in 1988 and $100.00 thereafter for any other change in occupancy. . 9.6.4. Mobile Home Permit (a) The mobile home permit fee shall be $200.00 for the placement of mobile home on an approved permanent building lot. (b) The mobile home permit fee shall be $100.00 for the placement of a temporary mobile home as approved by Common Council resolution for a period not to exceed 12 months. 9.6.5. Building Permits The building permit fee for: ~ ., 5J6~ (a) New buildings, renovations, maintenance, additions shall be $100.00 plus $7.00 per thousand of construction cost except as shown in 9.6.5. (b) and 9.6.5. (c) and 9.6.5. (d). (b) For work having a construction value of less than $60,000.00 in new single-family residential buildings, the building permit fee shall be $20.00 plus $4.00 per thousand of construction cost. (c) Additions, renovations or additions in completely residential buildings having a construction value of less than $20,000.00, the building permit fee shall be $20.00 plus $5.00 per thousand in 1988, $20.00 plus $6.00 per thousand in 1989, and $20.00 plus $7.00 per thousand thereafter. (d) For interior renovations to a single-family dwelling under $5,000.00 in construction value, the bulding permit fee will be no charge -- be received and filed: . AND FURTHR that the by-law to amend the Buiding By-Law be read a first time and referred to the Planning Advisory Committee for review and comment. -I Read a first time the by-law to amend the Building By-Law. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Schermerhorn -I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted contract between World Chess Festival and the Trade and Convention Centre for rental of the Trade and Convention Centre. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that as recommended bv the City Manager, the following amounts for which appropriation has been made in the 1988 bUdget be approved, the payment of which shall be by installment or otherwise, at the discretion of the Commissioner of Finance, during 1988:- GRANTS Health Organizations Victorian Order of Nurses $ 4,000.00 I Welfare Organizations Salvation Army Family Services of Saint John Inc. Canadian Red Cross Society Saint John Human Development Council Volunteer Centre Inc. 2,000.00 12,000.00 4,000.00 25,000.00 4,000.00 Educational Grants University of New Brunswick 50,000.00 Recreational and Cultural Services New Brunswick Museum 41,700.00 Other Clock Upkeep Senior Citizen Housing Saint John YM-YWCA Saint John Boys & Girls Club New Brunswick Historical Society New Brunswick Youth Orchestra Recreation - Outside Tournaments Grants Not Specified National Youth Orchestra Senior Citizens - Transit Rental Subsidies Senior Citizen Centre Saint John Parking Commission Saint John Symphony Saint John Fundy Region Development Commission Inc. Major Tournament Committee S.H.A.D. Valley Saint John Swim Club Loyalist Day Committee Saint John Firefighters' Pipe & Drum Band Seafarers' Mission Saint John Sports Hall of Fame Deficits And Operating Expenses Lord Beaverbrook Rink Horticultural Association Saint John Free Public Librarv - Operating Subsidy Cherry Brook Zoo - Loyalist Days Inc. Animal & Pest Control Saint John Transit Commission - Operating Loss - Fiscal Charges . 625.00 21,009.00 31,500.00 91,500.00 1,000.00 800.00 5,000.00 52,000.00 200.00 50,000.00 32,000.00 9,500.00 115,000.00 6,000.00 35,000.00 60,000.00 3,200.00 10,000.00 3,000.00 5,000.00 2,000.00 8,000.00 I~ =- I 141,000.00 103,000.00 209,800.00 90,000.00 95,000.00 170,000.00 1,480,000.00 635,000.00 . ~ ,.... 5iJI Market Square Administration Trade and Convention Centre Common Area Costs - Market Square Canada Games Aquatic Centre Aitken Bicentennial Exhibition Centre Festival By The Sea - Festival Sur Mer, Inc. 197,000.00 431,500.00 3,362,100.00 580,000.00 160,000.00 100,000.00 . $7,754,400.00 r It was noted that the grant to the University of New, Brunswick represents the final amount in a five-year commitment and the Mayor requested staff to report to Council on the practice in other cities with respect to funds given social service groups to determine if they participate in the same manner as the City of saint John in providing financial assistance. Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of 146381 Canada Inc. doing business as Multi-Mac Holdings has been completed and that the required waiting period for objections expired on January 6, 1988, with no written objections having been received. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the application of 146381 Canada Inc. doing business as Multi-Mac Holdings for a Municipal Plan amendment and re-zoning of property at 1233 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 15, 1988. Question being taken, the motion was carried. On motion of Councillor Knibb ~I -, Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land, the first located at 249 Bayside Drive (L.R.I.S. Number 347989), the second being an 18-foot wide parcel of land immediately to the north of the first parcel (L.R.I.S. Number 55023949), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken,the' ,motion was carried with the Mayor and Councillors Flewwelling, Gould and Schermerhorn voting "nay". Read report of the Committee of the Whole (as fOllows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on January 4, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MaCDougall, Rogers, Schermerhorn, Vaughan, A. Vincent andM. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Council approve the following appointments:- , (a) That Messrs. Dwight Allaby, Douglas Chase and William Bambury and Mrs. Eileen Flood be re-appointed to the Saint John Parking Commission for a term of three years effective January 1, 1988.' , (b) That the following persons be appointed to the Planning Advisory Committee for a term of three years effective January 1, 1988: Messrs. Gerald Peer, James L. McDonald and Brian Beckingham. .1 (c) That Messrs. F. Dennis Boyle, Sr."and J. Ladds Batten be appointed to the Saint John Harbour Bridge Authority for a term of three years effective January 1, 1988. (d) That Councillors Flewwelling and MacDougall be re-appointed to the Board of Trustees of the City of Saint John Pension Plan, effective December 1, 1987. 2. That Council approve a grant for one year in the amount of $500.00 with respect to Thistle-St. Andrews Curling Club's Annual Saint John Riverboat Classic Bonspiel. 3. That Council 2pprove a grant in the amount of $500.00 for the Saint John Jewish Historical Museum. . January 11, 1988, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. ~ ., 508 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the . above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 2 of the Question being taken, the motion was carried. ..,-' -- - above report be adopted. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that Council approve a for the Saint John Jewish Historical grant in the amount of $1,000.00 Museum. Discussion ensued regarding the propriety of the above motion in view of it differing from the recommendation from Committee of the Whole and Mr. Rodgers noted that, if there was no other motion on the floor at the time the above motion was proposedJ"the motion proposed by Councillor Flewwelling and seconded by Deputy Mayor Gould is in order. Question being taken, the motion was lost with the Mayor and Councillors Davis, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent voting "nay". - . I On motion of Councillor A. Vincent . Seconded by Councillor MacDougall RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillors Knibb and Schermerhorn voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that authority be granted for payment of the invoice of the Federation of Canadian Municipalities, in the amount of $6,301.43, representing the City's membership fee for April 1, 1988 to March 31, 1989. I, . --=-' Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent - RESOLVED that the memorandum from Provincial-Municipal Council Inc. submitting a response to Common Council resolution of March 23, 1987 to the Cities of New Brunswick Association and subsequently considered by the Provincial-Municipal Council; submitting a summary of proposals for. reform with respect to the grievance arbitration in New Brunswick prepared by the Decision Maker's General Sub-Committee, which was considered by the Provincial-Municipal Council on October 27, 1987, and advising that no further action was taken pending final review of the Teed Commission report with the matter diarized for further review at the beginning of March 1988 -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn l <~ Seconded by Councillor Knibb RESOLVED that the application of Saint John Non-Profit Housing Inc. for the re-zoning of property at 110 Metcalfe.Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the pUblic hearing to be held on February 15, 1988. Question being taken, the motion was carried. I .~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of The Exhibition Association of the City and County of Saint John for the re-zoning of property at 135 McAllister Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 15, 1988. Question being taken, the motion was carried. . ~ ,.... 6J9 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~r Yi' Yh//ri/! ommon Clerk I~ I . ~I~ . , ,I . ~ blU At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of January, A.D. 1988, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, ,Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; B. Thompson, Deputy Police Chief; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Manage- ment; S. Armstrong, Director of Engineering; J. Levesque, Director of Communications and Public Relations; W. Butler, Director of Water and Sewerage Services; J. Johnson, Building Inspector; B. Moe, Planning Department; J. McIntyre, Human Resources Department; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. ~I I Father Cochrane of Stella Maris Parish offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on January 11, 1988, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 2nd Lakewood Girl Guides and briefly explained the Council meeting procedure; and comments were made regarding the January 16 New Brunswick Outdoor Speedskating Championship Races at Lily Lake and the forthcoming World Chess Festival. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a parcel of land at 307 Westmorland Road (L.R.I.S. Number 316430), containing approximately one acre, from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to permit the elimination of the residential use and the expansion of office use to the whole building, as requested by Dr. S. Nagaraj, and that no written objections were received in this regard. -I ::--.;,-- Consideration was given to a letter from the Planning Advisory Committee recommending that the property at 307 Westmorland Road be re-zoned to "B-1" Local Business classification pursuant to Section 39 of the Community Planning Act whereby: (a) the use of this property is limited to offices for three medical practitioners within the existing building; (b) the property be developed and maintained in accordance with the site plan recommended by the Planning Department; (c) the maximum sign permitted on the property be limited to one facia sign not exceeding 12 square feet; and (d) all work necessary to finish the site in accordance with condition (b) be completed within six months of the commencement of the proposed use of the building. . Dr. S. Nagaraj appeared in support of his application for re-zoning and acknowledged acceptance of the conditions pursuant to Section 39 recommended by the Planning Advisory Committee. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning a parcel of land at 307 Westmorland Road (L.R.I.S. Number 316430), containing approximately one acre, from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. I~, Councillor MacDougall expressed concern about many so-called residential buildings starting off with apartments followed by one office and subsequently leading to the entire building being office space with no one occupying the building after business hours and the permeation of this situation leading eventually to no residents in the area. Mr. Bedford, in response to Councillor Vaughan's concern about increased traffic due to the additional doctors's offices, advised that staff reviewed the traffic issue and is satisfied that a difficult situation will not be created. I, Read a first time the by-law to amend the Zoning By-Law of the City of saint John. . Question being taken, the motion was carried with Councillor MacDougall voting "nay". .....1 ,.... ;l:li'11 On motion of Councillor Schermerhorn . Seconded by Councillor M. vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 307 Westmorland Road (L.R.I.S. Number 316430), containing approximately one acre, from "RS-2" One and Two-Family Suburban Residential to "B-1" Local Business classi';:' fication pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint ,[ Question being taken, the motion was carried with Councillor MacDougall voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. -I Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By~Law amendment to re-zone a .9 hectare parcel of land at 520 Somerset Street (L.R.I.S. Number 46417), from "RM-l Three-Storey Multiple Residential to "1-1" Light Industrial classification, to permit this vacant land to be used as part of the adjacent Dowd Roofing business, as requested by Wm. P. Dowd & Sons Limited, and that no written objections were received in this regard. . Consideration was given to a letter from the Planning Advisory Committee recommending that (1) a .9 hectare parcel of land at 520 Somerset Street (L.R.I.S. Number 46417), be re-zoned from "RM-l" Three-Storey Multiple Residential to "I-I" Light Industrial classification and (2) by resolution of Common Council pursuant to Section 39 of the Community Planning Act, the use of the property be limited to the parking lot and storage of vehicles and that trees be planted within a 6 meter landscaped strip along the frontage of the site in accordance with a site plan approved by the Planning Director and that the work shown on the plan be completed by October 31, 1988. -l Mr. Brian Mosher, solicitor for Wm. P. Dowd & Sons Limited, spoke in favour of the above-proposed amendment and, having noted the presence in the Council of Mr. Bruce Dowd, President of the Company, advised that the applicant has been leasing the subject land from the City for the past 10 years for storage of both industrial vehicles and automobiles and has filled, levelled and upgraded the property so that, having been assessed approximately 4 to 5 years ago at $15,000.00, the value of the property is now $30,000.00. Mr. Mosher also advised that the applicant does not wish to be encumbered by a Section 39 condition recommended by Planning staff to the Planning Advisory Committee with respect to paving and installing curbs as the cost of same would be more than the cost of the land as it presently is; however, the applicant is prepared to landscape the front of the sUbject property and endeavour and undertake the care of the approximate 15 feet of City land and, therefore, the applicant is requesting a reduction of the landscaped strip to 3 meters from the 6 meters reco~~ended by the Planning Advisory Committee in order for as much as possible of the subject property to be available for parking vehicles. Mr. Mosher concluded that, in the future, should the applicant wish to expand the business and place a building thereon, paving and curbing could be considered. . During discussion Mr. Clark noted that the Planning Advisory Committee is not recommending a condition for paving and curbing and Mr. Bedford explained that, with regard to the applicant's request for a reduction in the landscaped area to 3 meters, the Zoning By-Law requires 6 meters and that, if Council removes the reference to 6 meters in the recommended conditions, the Committee could then deal with the requested red action variance through the variance procedure. On motion of Councillor Knibb 1- Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a .9 hectare parcel of land at 520 Somerset Street (L.R.loS. Number 46417), from "RM-l" Three-Storey MUltiple Residential to "I-I" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee with the elimination of the reference to 6 meters, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint "nayll. Question being taken, the motion was carried with Councillor Rogers voting I .~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a .9 hectare parcel of land at 520 Somerset Street (L.R.loS. Number 46417), from "RM-l" Three-Storey Multiple Residential to "I-I" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee with the elimination of the reference to 6 meters, be read a second time. . John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint ~ 51l ., Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone an approximate .32 hectare parcel of land at 485 McAllister Drive, being 23 meters deep, from "RS-2" One- and Two-Family Residential to "1-1" Light Industrial classification, as this area was inadvertently omitted from a previous application and will be added to the existing Light Industrial zoning for the remainder of the lot, as requested by Midland Transport Limited,and that no written objections were received in this regard. J '~ Consideration was given to a letter from the Planning Advisory Committee recommending that a .32 hectare parcel of land with a depth of 23 meters at the rear of the property at 485 McAllister Drive be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification. ,I: < Mr. Charles LeBlond,solicitor for the applicailt,'appeared and expressed agreement with the Planning Advisory Committee's recommendation. Mr. Bedford responded to Council queries with respect to the reason for the omission of the subject property from the applicant's previous application for re-zoning and the stage of development of the subject property. . On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning a .-32 hectare parcel of land with a depth of 23 meters at the rear of the property at 485 McAllister Drive, from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. ~- Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a .32 hectare parcel of land with a depth of 23 meters at the rear of the property at 485 McAllister Drive, from "RS-2" One- and Two- Family Suburban Residential to "I-I" Light Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. .1 Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed text amendment to the Zoning By-Law to (a) delete from Section 540(1) (a) "tavern or cabaret" and insert the words "subject to subsection (3) (e), a tavern or cabaret"; -,arid :-(b) ,_add a new clause (e) at the end of Section 540(3) to read as follows: "(e) a tavern or cabaret shall not be located in buildings on King Street; those portions of Prince William Street and Germain Street between King and Princess Streets; or that portion of Charlotte Street between union and Princess Streets save and except hotels and at the following locations: 2 Charlotte Street, 123 Germain Street, 72 Prince William Street", to reinforce retailing activities on King, Prince William, Germain and Charlotte Streets by not permitting taverns or cabarets to locate on these streets while not making existing taverns or cabarets non-conforming uses, and that a letter was received from Tony and Caroline Smith in support of the proposed amendment, and that a letter opposing the proposed amendment was received from Mr. Thomas G. O'Neil, solicitor for LSO Enterprises Limited, the owner of the property situated at 73-75 King Street. I . ~ ~ Q~J Consideration was also given to a letter from the Planning Advisory Committee advising that the Committee was convinced that there was a need for mix and diversity of use in the downtown and there should not be restrictions of the type proposed which may stifle development, and recommending that the proposed amendment to Section 540 of the Zoning By-Law not be adopted. . r Mr. Harry Colwell, a resident and lawyer of the City, appeared in opposition to the above-proposed amendment and expressed the opinion that, in view of the City's intentions to establish a task force to review the Municip~l P~an, a Zoning By-Law amendment of the nature proposed at this point in time is basically tantamount to a spot re-zoning. Mr. Colwell advised that should he, as a solicitor, receive an inquiry from a client expressing interest in the downtown area of the City and questioning the consistency of the City in development, he would be unable, should the proposed amendment be approved, to indicate with any certainty that the situation would be the same in the immediate future. Mr. Colwell requested Council to consider in its deliberations that the proposed amendment is a spot re-zoning which sends a negative message with respect to the City. I , Mr. Tim Isaac addressed Council as a concerned property owner and on behalf of other concerned property owners in an area that will be affected by the proposed restrictive By-Law amendment, and expressed the opinion that five years ago there were approximately fifteen vacant buildings on Prince William, Princess and Canterbury Streets, and the area was dismal and depressed, while at the same time other cities were recognizing the potential offered by their historic sections and were in the midst of renovations and restorations offering a whole new array of commerce in the form of specialty shops, professional offices, restaurants and night life for those who wanted to be part of a revitalized inner-city. Mr. Isaac noted the progress made in the downtown core of the City by the restoration of buildings and the creation of over thirty new businesses and over two hundred new jobs and the positive change in the area of Prince William, Princess and Canterbury Streets due to the efforts and investments of business persons. Mr. Isaac advised that the property owners were not present to promote or discourage drinking establishments in the subject area but were present to oppose a hastily-assembled by-law which would restrict the usage of a building in a historic area which is already governed by the Preservation By-Law, and suggested that the proposed amendment is too sweeping, too restrictive and was introduced too quickly. Mr. Isaac questioned the Planning Department's role to stop an~ business it feels is not compatible in any given area and suggested that, if the City's centre is to grow, the proposed amendment must be defeated. . ~~ Mr. G.Lowe of LSO Enterprises Limited, owner of the property at 73-75 King Street, appeared in opposition to the proposed amendment and, having commented on his purchase as an investment of the building in July 1987 and efforts during the next three months to lease the subject building through different agencies, also commented on his contacts with City staff commencing in October 1987 during which time he was not informed that the zoning of the subject property might change and was told on November 26, 1987 that the Planning Department was recommending his variance for the subject property to the Planning Advisory Committee. Mr. Lowe concluded that, following his lawyer's address to Council, he is prepared to review with Council any aspect of his proposed beverage room at 73-75 King Street. t Mr. T. O'Neil, solicitor for LSO Enterprises Limited, expressed opposition to the proposed amendment and expressed concern that one of the Council members, as the owner of property at 78 King Street of which the lessee is opposed to his client's proposed operation at 73-75 King Street, has a perceived conflict of interest. Mr. O'Neil noted that Council has only one issue with which to deal at this time, that being the proposed By-Law amendment which effectively bars taverns and cabarets in the uptown area and suggested that the issue becomes somewhat clouded by emotions especially concerning the establishment of a specific tavern at 73-73 King Street, such use undoubtedly having precipitated the proposed amendment. Mr. O'Neil advised that, since the proposed amendment severely affects and hampers LSO Enterprises by terminating its announced plans for the site, LSO Enterprises Limited has authorized him to advise that, if Council is prepared to remove the Section 71 freeze and defeat the proposed Zoning By- Law amendment, LSO Enterprises Limited is prepared immediately to (1) forthwith withdraw the application for a parking variance presently before the Planning Advisory Committee, (2) stop the planning of the proposed tavern and work on its own and in conjunction with the City and the Central Business Development Corporation to see if a viable alternate use can be found for his client's building within a reasonable period of time, LSO Enterprises Limited proposes that, after meeting and consulting with City staff and the neighbouring property owners, to submit a new application for a parking variance to the Planning Advisory Committee that will address the outstanding concerns. Mr. O'Neil exprssed the opinion that, to deny LSO Enterprises Limited the right to use the building for a use that was clearly permitted before the imposition on December 14 of the Section 71 freeze and the proposed amendment, without offering the Company a financially-viable alternative is tantamount to expropriation without compensation and, upon examining the history of the application, to allow the proposed amendment would offend the sense of fair play. Mr. O'Neil referred to his above-mentioned letter submitting information outlining the position of LSO Enterprises Limited with regard to the history of the building at 73-75 King Street, meetings with City staff and the subsequent application to the Planning Advisory Committee for a parking variance, Common Council resolutions of December l4, 1987 regarding the proposed amendment and prohibiting pursuant to Section 71 of the Community Planning Act taverns and cabarets and related correspondence from City staff to Council in this regard, two opinions from persons involved in downtown development, and copies of newspaper articles with respect to this matter; and summarized that, from a general planning principle, it is his position that taverns and beverage rooms are compatible uses, that diversity is the key for the downtown area from a planning basis in view of other cities and based on the opinions of two outside and that, to allow existing operations to continue and not make them non-conforming uses, and to allow other types of liquor establishments to operate in the zone while specifically limiting taverns and cabarets amounts to dis- crimination and that, more specifically with respect to 7.3-75 King Street, although it, should not be an issue, unfortunately it is being made the major focus, and the proposed amendment as it affects his client is wrong as it offends the spirit of fair play. . I ,-, . During discussion Mr. O'Neil commented on the timeframe in which, should Council not enact the proposed amendment, his client would work with City staff and those concerned in an attempt to find a viable use for the building at 73-73 King Street, one such use which could be a tavern, or any other use suggested by City staff or the Central Business Development Corporation which would be considered viable. ~ ., 514 Dr. D. Pond, President of the Saint John and District Ministerial Association, appeared in support of the proposed amendment and expressed the view that, on a moral basis, the City does not need another drinking establishment in its downtown core. . Mr. Thomas Delagard of 200 Duke Street appeared in support of the proposed amendment and expressed the opinion that the City currently has an adequate number of drinking establishment and expressed concern that a tavern in the subject area could lead to additional parking difficulties and the possibility of undesirable persons being present in the business section. Mr. Brian Beckingham appeared on behalf of King Street merchants in support of the proposed By-Law amendment as it will serve them well in their efforts to develop the uptown area of the City and to protect the already-started efforts while striving for more improvements in the City's central core. Mr. Beckingham advised that he had in his possession a list of approximately 80 names of business people who have opposed a tavern to be located on King Street and suggested that such people are in fact supportive of the proposed amendment. Reverend Roy Campbell expressed support of the proposed amendment and expressed the opinion that a drinking establishment would not enhance the uptown area of the City and that the proposed operation at 73-75 King Street is a poor choice of business for the area concerned. ~I .1 Mr. J. H. Frank, counsel for Host Travel which has a retail business adjacent to the proposed development, expressed support for the proposed amendment on the basis that, to locate a drinking establishment with a very high seating capacity in an area of higher-class retailers, would not be appropriate as there is a number of negative aspects which would come from such a drinking establishment, such as vandalism and the undesired element which tends to frequent such establishments. Mr. Frank suggested that, should Council not adopt the proposed amendment, any business, in addition to the proposed drinking establishment, could open with a capacity of approximately 125 seats based on the pre-existing parking variance and suggested ,that there would be little to stop such an establishment from increasing its seating capacity to 550 seats as indicated in the Planning Department's December 4, 1987 report to the Planning Advisory Committee. Mr. Frank urged Council to be vigilant in evaluating LSO Enterprises Limited's above proposal on the basis that there is no legal obligation on behalf of LSO Enterprises Limited not to reinstitute its applicaton for a parking variance at a later date and that, if the amendment is not adopted, the Company could at a future date submit an application which, in his opinion, could not be refused on judicial grounds and, with respect to the reference in the proposal to the viability of alternative real estate/retail developments in the subject area, suggested that it would be the Company and not Council which would determine the viability of an alternative development. . /I~ " Ms. Shirley McAlary, President of Saint John Central Business Development Corporation, addressed Council in support of the proposed amendment and, in noting that the Corporation's membership totals 650, 'apprised Council of the Corporation's discussions of a proposed tavern/billiard hall at 73-75 King Street and the proposed Zoning By-Law amendment commencing December 29, 1987 at which time the membership tabled a motion to oppose the tavern development in order to hold a public meeting to allow members to air views and opinions, such meeting having been held on January 7, 1988 followed by the Board of Directors of the Corporation on January 11, 1988 at which time the motion was adopted to oppose the development of a tavern at 73-75 King Street. With respect to the proposed Zoning By-Law amendment, Ms. McAlary advised that this was the subject of several meetings the week of January 11 with the Board's final meeting on January 14, 1988 leading to the final decision to support the proposed amendment. . During discussion Ms. McAlary responded to Council queries with respect to the meetings held by the Board concerning the proposed tavern and the proposed By-Law amendment during which time there was a change in the Board of Directors of the Corporation and, in reiterating that the final vote of the Corporation on January 14,1988 was to support the Zoning By-Law amendment, advised that the motion passed on an eight-seven vote at a special meeting following the annual meeting as provided for in its By-Laws. -I Mr. Martin Fineberg, Past President of the Saint John Central Business Development Corporation, appeared in support of the proposed Zoning By-Law amendment; and explained that, as President of the Corporation during ~hich time the proposed Zoning By-Law amendment was being considered, he w~s lnstru?ted,by the ~oard ?f Directors to attend the Planning Advisory Commlttee durlng ltS conslderatlon of the proposed amendment and indicate to the Committee that the Corporation was not in support of the amendment as currently written and that he related to the Committee that on January 18, 1988 the Corporation would be appearing at the public hearing to apprise Council of its reasons for this stand; however, the newly-elected Board at a duly-constituted meeting voted to take the current position to suppo~t ~he proposed Zoning By-Law amendment. Mr. Fineberg commented on the dlfflculty of attempting to separate the two issues involved one being the proposed tavern at 73~75 King Street, the other being ~he proposed Zoning By-Law amendment, and suggested that, although a mixed use is requ~red in an area to attract ~ night- and daytime crowd, consideration has to be glven to whether or not such uses are compatible with each other. .1 . ..... ,.... I 5~5 Reverend J. Cowan, Pastor of Main Street Baptist Church, spoke in support of the proposed amendment and suggested that, in view of the number of licensed establishments in the uptown area, if spot re-zoning is required to deal with the situation, it should not be considered discrimination and that Saint John does not have to follow the example of other named municipalities in order to enhance its image. . Reverend L. Burtt, Pastor of The Full Gospel Assembly, appeared in support of the proposed amendment and expressed the opinion that another tavern in the uptown area will not benefit the City and that undesirable patrons of a tavern could discourage others from frequenting this area. ,- Mr. L. Farrell, manager of a downtown area store, appeared in favour of the proposed amendment and expressed concern with regard to the manner of people who are frequenters of taverns and violation of the law by incidents such as vandalism. Mr. Farrell expressed support of the proposed Zoning By-Law amendment and advised that he is against the establishment of a tavern in the subject area. I Mr. Clark, in stating that the By-Law amendment is not spot re-zoning or spot zoning, noted that there are several block fronts involved and that it is not a blanket prohition of taverns in the uptown area as the vast majority of the uptown blocks would not be affected, nor would the potential for diversity in the uptown area be limited, and concluded that the proposed By-Law amendment is a measure to control potentially incompatible uses from eroding a retail component of the uptown area and is both appropriate and desirable. . The Mayor, regarding Mr. O'Neil's reference to a Council member with a possible conflict of interest, asked Councillor Davis to address this matter whereupon Councillor Davis advised that he owns, and has owned since 1948, the building at 78-82 King Street and that, although in reviewing the Municipalities Act and having had legal advice to the effect that he has no conflict of interest in dealing with this matter, there is always a suspicion that a conflict of interest exists and that, in view of the penalty involved in such event and his opinion that he would not be doing his duty to the public should he not become involved in the debate, asked Mr. Rodgers to comment on this matter. Mr. Rodgers suggested that, although he does give advice on conflict questions to individual Council members, when a matter becomes serious and of such a controversial nature as this, it would be more appropriate, if any Councillor has any doubt about the conflict of interest, that such Councillor str.ictly comply with the Municipalities Act with respect to the subject of conflict 'of interest. Mr. Rodgers, having related the Municipalities Act's provision with respect to conflict of interest and penalty relating thereto, noted that the Act recognizes that legal opinions do not answer the question of doubt about a conflict of interest which a Council member may have and provides for such Council member to refer such doubt to the Minister of Municipal Affairs for his determination on whether or not a conflict of interest exists and, if the Minister determines that there is no conflict, the Council member is permitted to take part in the debate and vote on the question. Mr. Rodgers suggested that, in this case if Councillor Davis has any doubt, then action should be taken to request the Minister of Municipal Affairs to deal with the matter and advised that he would assist Councillor Davis on what has to be filed with the Minister. Mr. Rodgers noted that, under the Community Planning Act, Council has up to six months from the date of the first advertisement of the proposed amendment to vote on the question and that the Minister should render his decision long before such time. _I, Councillor Schermerhorn proposed that the matter be tabled for three weeks to allow for discussion among Messrs. Lowe, O'Neil and City staff and to clarify Councillor Davis' situation. The Mayor concurred with tabling the matter pending a report from the Minister with respect to Councillor Davis and suggested that, in the meantime, it would be up to Messrs. Lowe and O'Neil to meet with City staff and that the motion should be to table the matter until a report is received from the Minister of Municipal Affairs with regard to Councillor Davis. . On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the above-proposed amendment be laid on the table pending a response from the Minister of Municipal Affairs with regard to whether or not Councillor Davis has a conflict of interest in this regard. I Question being taken, the motion was carried with Councillors Knibb and M. Vincent voting "nay". Following a brief recess the Common Council meeting continued. I A motion was proposed by Councillor Schermerhorn and seconded by Councillor MacDougall that there be dialogue between staff and Mr. G. Lowe of LSO Enterprises Limited whereupon Mr. Rodgers suggested that, as the public hearing for a proposed Zoning By-Law amendment has been held and the matter tabled pending verification from the Minister of Municipal Affairs with respect to a possible conflict of interest of one of the Council members, in the meantime staff should take into consideration what was put before Council at the above public hearing and be prepared to respond to any questions in this regard. , On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's letters regarding a mutual agreement with Local Union No. 771 and technical equipment for World Chess Festival (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. . Question being taken, the motion was carried. .... Qlti Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a lO hectare vacant parcel of land located at 640 McAllister Drive (L.R.I.S. Number 436675), from Restricted Industrial to Light Industrial classification, to permit re-zoning of the property to "1-1" Light Industrial zone so that a group of industrial buildings can be developed for rental to individual businesses, as requested by The Disher Steen Partnership, Architects. . Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land approximately .37 hectares in area located at 1000 Rothesay Road (L.R.I.S. Numbers 297689 and 297051), with a frontage of approximately 61 meters on the east side of Rothesay Road opposite Drury Cove Road, from Open Space to Light Industrial classification, to allow re-zoning of the property to "I-I" Light Industrial classification to permit construction of a building for a retail and wholesale garden centre, as requested by Mr. Murray J. H. Carpenter. ~I On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the City Manager submitting a letter from World Chess Festival requesting approval of a contract proposal from Tel Av Inc. for the rental of technical equipment at a cost of $38,157.00, such cost included in the World Chess Festival budget, and recommending approval of the contract with Tel Av Inc., be received and filed and the recommendation adopted. I , Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that negotiations have now been concluded with the Saint John Fire Fighters' Association with respect to renewal of the collective agreement and submitting the agreed changes which have been ratified by Local Union No. 771. . On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the collective agreement with the Saint John Fire Fighters' Association, Local .Union No. 771, loA.F.F., for the period 1988-89-90, incorporating the agreed changes as submitted, subject to the approval of the City Solicitor as to legality and form. Mr. Groody spoke on the successful contract negotiations with Local 771 leading up to the recommended working agreement and the manner in which negotiations were conducted. I r=--- Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan l. RESOLVED that the letter from Mayor Wayne noting the March 4, 1988 deadline for submission of resolutions to the 1988 Annual Conference of the Federation of Canadian Municipalities to be held in Halifax, Nova Scotia, on June 3 to 6, 1988, and requesting that the City Manager and appropriate staff draft whatever resolutions they feel should be submitted to the Conference for Council's consideration no later than the middle of February -- be referred to the City Manager for action. . Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting two graphs showing the number of Federal Government and Federal Crown Enterprises' employees in the different Maritime major centres and the Federal monies which flow into these centres by having these Federal employees; suggesting that the City of Saint John does not receive its fair share in this area and recommending that this matter be referred to the Economic Development Advisory Board for a full report to Council as to what steps Council should take in this regard -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. Read a letter from Councillor Flewwelling asking what action is being taken and the progress to date of the West Side lagoon expansion proj ect. I =~ Councillor Flewwelling requested staff to submit to Council an update on the above matter within two weeks. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne regarding a request of the University of New Brunswick engineers in Fredericton in their report and recommendations regarding upgrading of the Trans-Canada Highway in New Brunswick for a four-lane highway from Quebec through Moncton to Nova Scotia, with no mention of what should be . ~ I""'" .~5l7 done from St. Stephen through Saint John and Moncton or from St. Stephen to Saint John, Fredericton, etc., and recommending that this matter be referred to the Economic Development Advisory Board for investigation and a report to Council with its findings and recommendations as to what steps Council should take in this regard -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan (-'C- ,- RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates namely:- 1. Contract 87-14 - Lakeview Drive Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 12, 1988 Final holdback release $127,093.00 134,614.62 Nil 114,422.43 I $ 20,192.19 2. Contract 87-11 - Kierstead Road Water & Sewer Dean Construction Limited Original estimated value of contract Total work done, Estimate Number 3 Retention (for deficiencies) Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 14, 1988 $112,855.00 105,639.32 7,000.00 73,791. 90 '. $ 24,847.42 Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor MacDougall RESOLVED that the letter from the City Manager submitting information on asphalt usage in 1987 compared to previous years and expressing the opinion that that the surface of City streets and sidewalks is being properly maintained with 30,000 tons of asphalt per year -- be received and filed. Question being taken, the motion was carried. 1-:'; -I, On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender for the supply of pressure reducing valves be divided among four suppliers as follows:- (1) that Thornes Hardware Ltd. be awarded items 6, 7, 8, 9 and 10 at a total cost of $11,520.00 plus tax; (2) that Crane Supply be awarded items 1, 2, 3, 4, 5 and 17 at a total cost of $5,795.00 plus tax; (3) that N. L. Eldridge Co. be awarded items 11, 12, 13, 14, 15 and 16 at a total cost of $6,223.00 plus tax; and (4) that S.T.E. Fetterly & Sons Ltd. be awarded items 18, 19, 20, 21, 22 and 23 at a total cost of $4,983.40, plus tax, as indicated on the submitted bid summary. Question being taken, the motion was carried. '. Read a letter from the City Manager advising that, as Revenue Properties Ltd. is not prepared to supply janitor services for the City's leased space in the City Hall building, it is necessary that the City arrange for janitor service as of February 1, 1988; and submitting a recommendation for acceptance of a tender to supply this service. On motion of Councillor Schermerhorn I-t . '~ Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender for cleaning the space in City Hall leased from Revenue Properties be awarded to Phoenix Janitor Services Ltd., at a price of $7,392.00 per month, for the term of February 1, 1988 to April 30, 1990. Councillor A. Vincent suggested that the retention of the current cleaning staff should have been a specification of the above contract. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". -, On motion of Councillor Vaughan '.' Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, with regard to the matter of parking on Prospect Street which was discussed on November 30, 1987 in view of the difficulty transport trucks face in turning into the street from Church Avenue and the resulting property damage on Prospect Street, although staff would generally advocate the removal of on-street parking as a measure that is beneficial to overall' traffic movements and snow plowing operations, it does not feel in this instance that the elimination of parking on Prospect Street would be the appropriate measure under the circumstances; also advising that measures adopted by the City in 1981 were designed to define the proper access route to the brewery and to discourage truck traffic through the residential portion of Prospect Street and recommending against any change in the parking situation on Prospect Street as at this time nO measures should be taken that might encourage transport trucks to enter the area from Church Avenue -- be received and filed. ..... - - ~ -5l8 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Council adopt the submitted 5-year plan for capital improvements on Provincially-designated highways. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council resolution of February 3, 1986, with respect to charges and fees at the Spruce Lake sanitary landfill site, be rescinded and the following scale of charges and fees be adopted:- ~I "'" Effective April 1, 1988 Commercial: Up to 500 kg. 500 kg. to 1000 kg. Over 1000 kg. Demolition $ 4.00/truck load $ 5.00/truck load $ 5.00/metric tonne $25.00/truck load I Residential: 1/4 to 1/2 ton truck $ 1.00/truck load Effective October 1, 1988 Commercial: Up to 500 kg. 500 kg. to 1000 kg. Over 1000 kg. Demolition $ 5.00/truck load $ 6.00/truck load $ 6.00/metric tonne $30.00/truck load . Residential: 1/4 to 1/2 ton truck , $ 1.00/truck load Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding Council's Task Force for the Strategic Plan (the appointment of, which is to be considered at this meeting, the Strategic Plan having been approved by Council on July 20, 1987), advising that, following the submission to Council in May 1988 by the Task Force of major goals and priorities, a vision statement of such goals and ,priorities will be expressed in an attractive form such as a colour publication and/or a video to be given wide distribution in the community and will help to give a sense of shared direction and a basis for action and to be used to promote Saint John outside the City; explaining the composition of the Task Force and its responsibilities, and recommending that Council approve the submitted report entitled, "Council's Task Force - Strategic Plan", dated January 13, 1988. I , On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, Council approve the submitted report entitled, "Council's Task Force - Strategic Plan", dated January 13, 1988. . Due to Council queries regarding the above report, the Mayor suggested that the report should be presented to Council as its first item on the January 25, 1988 agenda. On motion of Councillor MacDougall Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for consideration at next week's Council meeting. J Question being taken, the tabling motion was carried. Her Worship the Mayor noted the presence in the Council Chamber of Mr. Glen Tait, President of Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., who addressed Council and commended Council and the City's negotiating team for the manner in which they handled the negotiations with Local Union No. 771 leading to the settlement of the 1988-1990 working agreement. ~I Consideration was given to a letter from the City Solicitor submitting for Council's consideration a proposed Water and Sewerage By-Law amendment which was given first and second readings on January 11, 1988. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to rate increases, service rates and discount dates, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . ..... ".... 5"19 The by-law entitled, "A By-Law To Amend A By Law Respecting Water And Sewerage", was read in its entirety. . (Councillors Schermerhorn and M. vincent withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) Consideration was given to a letter from the City Solicitor submitting for Council's consideration a proposed Mobile Home Parks By-Law amendment which was given first and second readings on January 11, 1988. I~ On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Regulate And License Mobile Home Parks In The City Of Saint John", with regard to Section l(a) and a license fee increase, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "A By-Law To Amend A By-Law To Regulate And License Mobile Home Parks In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting for Council's consideration a proposed Plumbing By-Law amendment which was given first and second readings on January 11, 1988. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", with regard to fee increases, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And l1aster Plumbers", was read in its entirety. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) I, To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on January 11, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That further to Common Council resolution of November 9, 1987, advance funding up to $500,000.00 be approved for World Chess Festival. . 2. That as recommended by the City Manager, the firm of Jacques, Whitford and Associates Limited be retained to complete a plan for the designation of the Loch Lomond watershed, at a cost of $33,550.00 to be shared equally with the Province of New Brunswick, such study to be completed with the deletion of Water Management Services asa sub~coRtractor and,on the understanding that no'person who gave evidence in the appeal hearing be involved in the study's preparation or in the development of recommendations. I ~ 3. That as recommended by the City Manager, Saint John Medical Clinic Inc. be given an option to acquire the portion of Lot 85-2 Metcalf Street, shown hatched on the submitted plan, under the following terms and conditions:- (1) the purchase price to be $5,000.00; (2) the cost of the option to be $500.00 which will be used as a partial payment when the property is transferred; (3) the cost of the option will be non-refundable if for any reason the sale does not take place; (4) the option to be for a 6-month period and to be signed within 30 days of the Common Council meeting at which it is approved; (5) a condition of exercising the option will be the preparation by Saint John Medical Clinic Inc. of a development plan acceptable to the Community Planning and Engineering Departments; (6) Saint John Medical Clinic Inc. will be responsible for the cost of any surveyor subdivision plans that may be necessary to complete the transfer; and (7) the City will retain the right to reacquire the property for the purchase price if it is not developed as specified within one year of transfer of title. ,I, 4. That as recommended by the City Manager, (1) Martin Flewwelling be permitted to install an illuminated display case on the western wall of the Dock Street pedway at the bottom of the escalator for a period of one year at an annual rent in advance of $250.00, commencing the first day of the month fOllowing installation of the display; and (2) the final design of the display case be approved by the Housing and Property Management Department prior to installation. ., 5. That as recommended by the City Manager, a license for the location of an attack warning siren on the McAllister Drive right-of-way be granted to the Department of National Defence for a term of 5 years plus a 5-year renewal option at an annual rent of $1.00 per year in advance, such license to be in the form submitted by the Department of National Defence and be for a term commencing April 1, 1987. . l 520 .~ " 6. That as recommen e the following appointments: approve (a) That the following persons be appointed to the Saint John Tourism Advisory Commission: Mr. Harold Griswold, Mr. Donald Campbell, Miss Kim Hunter and Mr. Joseph Flynn. . (b) That the following persons be appointed as a steering committee to determine ways and means of improving the overall management of Rockwood Park and to review the composition, functions and mandate of the Rockwood Park Advisory Board, with efficiency and improved services as objectives, with the steering committee's report and recommendations to be submitted to Council by February 26, 1988: Councillor M. A. Vincent, Councillor Vaughan, Mr. Peter G. Murray, Mr. Bernard Moe of the Planning Department, Messrs. J. W. Baker and Robert L. Arseneau, representatives of the Saint John Horticultural Association, a representative of the Cherry Brook Zoo, and Mr. C. E. Nicolle, Director of Recreation and Parks. ~I -~' 7. That as recommended by the City Manager, the 1988 Establishment for the City of Saint John be adopted. January 18, 1988, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. I On motion of Councillor Knibb Seconded by Councillor Rogers . RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor MacDougall RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I ~ On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn" Seconded by Councillor Gould RESOLVED that section 5 of the . above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried with Councillor Rogers voting "nay". ~I Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on January 4, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and 'your Committee submits the following recommendation, namely:- . ~ ~. /-... ' ~21 1. That as recommended by the Nominating Committee, Council approve the following appointments:- -. (a) That the following persons be appointed as the Task Force for the Strategic Plan: Linda Forestell, Tim Isaac, Harold Griswold, Lloyd Goldsmith, Travis Cushing, Carl Collins, Dr. Gary Davis, Dr. Louis Simon, William Grant, Donald Lordon, Jr., Bruce Drost, Peter Jollymore and Councillor MacDougall. January 18, 1988, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. I~ On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. I Read a letter from the City Solicitor advising that, further to the injurious affection claim of Mrs. and Mrs. Melvin McLeod of 140 Church Avenue with respect to their financial losses from the contruction of the Church Avenue overpass which was discussed in Legal Session on December 7, 1987 at which time Council authorized an offer to Mr. and Mrs. McLeod of $14,000.00 in an exchange for the appropriate release to be approved by the City Solicitor, the solicitor for Mr. and Mrs. McLeod has informed the Legal Department that his clients has accepted the offer and therefore Council authorization of the payment is necessary. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that authority be granted for payment of $14,000.00 to Mr. and Mrs. Melvin McLeod, in exchange for the appropriate release to be approved by the City Solicitor, with respect to their injurious affection claim of losses resulting from the construction of the Church Avenue overpass. "nay". Question being taken, the motion was carried with Councillor Rogers voting Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of International Union of Operating Engineers _ Local 946 regarding property at 2310 Ocean Westway have been completed and that the required waiting periOd for objections expired on January 13, 1988, with no written objections having been received. , On motion:of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the application of International Union of Operating Engineers - Local 946 for a Municipal Plan amendment and re-zoning of property at 2310 Ocean Westway be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 22, 1988. Question being taken, the motion was carried. . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Speedy Manufacturing regarding property at 1954 Manawagonish Road have been completed and that the required waiting period for objections expired on January 13, 1988, with no written objections having been received. On motion of Councillor Schermerhorn I --'" Seconded by Councillor MacDougall RESOLVED that the application of Speedy Manufacturing for a Municipal Plan amendment and re-zoning of property at 1954 Manawagonish Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 22, 1988. Question being taken, the motion was carried. ~I, Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. James F. Watt of Clearview Mobile Homes Ltd. regarding property in the Clearview Mobile Home Park off Rothesay Avenue have been completed and that the required waiting period for objections expired on January 13, 1988, with no written objections having been received. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the application of Mr. James F. Watt of Clearview Mobile Homes Ltd. for a Municipal Plan amendment and re-zoning of property in the Clearview Mobile Home Park off Rothesay Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 22, 1988. Question being taken, the motion was carried. t... 522 Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Blair Con- struction Ltd. regarding property at 152-156 Westmorland Road have been completed and that the required waiting period for objections expired on January 13, 1988, with no written objections having been received. . -I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Blair Construction Ltd. for a Municipal Plan amendment and re-zoning of property at 152-156 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 22, 1988. -I =:v Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, six parcels of land located between Broad Street and Broadview Avenue, east of Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552), from Medium Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled, "By-Law Number C.P. 100-121 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning six parcels of land located between Broad Street and Broadview Avenue, east of Charlotte Street (L.R.I.S. Numbers 315, 323, 55041529, 55041537, 55041545 and 55041552), from "RM-l" Three-Storey Multiple Residential to "I-I" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I ~ AND FURTHER the said re-zoning be pursuant to Section 39 of the Community Planning Act which would (a) adopt the proposal for an electrical distributor but with only one entrance on Charlotte Street; (b) require that a new concrete curb and sidewalk be developed the Charlotte Street frontage by the developer; (c) require that site landscaping be extended to the street curb; and (d) that building and site detail be approved by the Director of Planning prior to issuance of a building permit. The by-law entitled, "By-Law Number C.P. 100-121 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. On motion of Councillor Schermerhorn . By~Law To Amend In The City Of highway:- Seconded by Councillor Gould RESOLVED that the by-law entitled, "A A By-Law Respecting The Stopping Up And Closing Of Highways Saint John", with respect to closing the following portion of SKALING COURT: All that certain lot, piece and parcel of land situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick and designated as SKALING COURT on a Subdivision Plan prepared by The City of Saint John Works Department entitled "Stanley Gardens lands to be conveyed to Limited Dividend Housing Ltd.'" dated October 2, 1964 as filed in the Saint John County Registry Office on November 30, 1964 as File 40 #54. J - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. ?I (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. D. L. Seheult, Deputy Minister of Transportation, advising that, regarding Common Council resolution of September 14, 1987 concerning buses re-entering the traffic flow from a bus stop and referring to a study of a committee of the Roads and Transportation Association of Canada entitled "Transit Priority Project Report", subsequent to consideration of this report by the RTAC Board, the Council on Uniform Traffic Control Devices for Canada, raised . ~ ,.... 5~'3 . I' ~ ....,.- Ir . 1- . I --- I . ~ concerns about the Report; therefore, no legislation is being considered for New Brunswick at this time to give priority to buses re-entering the traffic flow from a bus stop -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the memorandum from the Cities of New Brunswick Association advising that all resolutions to be considered at the 1988 Winter Meeting of the Association to be held in Campbell ton on March 25 and 26 must be submitted by March 4 at the latest for copying and circulation to member cities on or about March 18 for review by the delegates in advance of the meeting be referred to the City Manager to prepare appropriate resolutions for Council's consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Comeau MacKenzie Architecture Partnership for the re-zoning of 262 Prince William Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 22, 1988. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Brian W. Mosher, solicitor for Mr. Elmer Soucy, referring to Mr. Soucy's previous applications to Council in November 1983, December 1985 and July 1987 for re-zoning of property on Golden Grove Road with Council in 1983 having adopted the recommendation of the Planning Advisory Committee to deny the application and not having referred the 1985 and 1987 applications to the Committee; suggesting that, while the Community Planning Act gives Council some amount of flexibility respecting the prerequisite of receiving the written view of the Planning Advisory Committee, it is clear that this flexibility has been badly abused; requesting a full hearing upon the re-submission of Mr. Soucy's application for re-zoning and concluding that failure to grant such a hearing would leave no choice but to pursue this matter through the courts -- be referred to the City Solicitor and City Manager for advice to Council. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~~fa~//Yr4 524 1 City of at 7:00 At a meeting Saint John, on o'clock p.m. of the Common Council, held at the City Hall in the Monday, the twenty-fifth day of January, A.D. 1988, ....... . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent ~nd M. Vincent - and - Messrs. R. S. Clark, City Manager; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. McDevitt, Fire Chief; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; C. E. Nicolle, Director of Recreation and Parks; B. Sheridan, Acting Director of Parks; J. Levesque, Director of Communications and Public Relations; S. Galbraith, Director of Supply and Services; J. Johnson, Building Inspector; B. Moe, Planning Department; C. Campbeil, Planning Department; Ms. Y. Huntington-LeBlanc, Director of Visitor and Convention Bureau; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. ~I-- ~ ) Reverend Arden Bustard of First United Pentecostal Church offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on January 18, 1988, be approved. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that matters regarding the sale of land at 321 Princess Street and respecting the purchase of fire fighting apparatus (which were considered in Committee of the Whole earlier this date),- be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. ~I Discussion ensued during which time the opening on January 14 of the National/Atlantic/Regional soccer training centre at UNBSJ was noted; the Mayor read proclamations proclaiming the week of January 24 to 30 to be VON Week in the City of Saint John in recognition of the victorian Order of Nurses as members of the community health team, and the week of January 25 to be Junior Achievement Week in the City of Saint John; the Mayor commented on the cultural,events being held in conjunction with World Chess Festival which commenced on January 16 and noted the advertising being given Saint John in various magazine publications. Her Worship the Mayor extended a message of sympathy to Constable Allen Benson, a member of the Saint John Police Force, and his family on the death of his sixteen-year old son, Ben, who was killed in a diving accident on January 23, 1988. . Her Worship the Mayor welcomed to the Council Chamber members of the 1st Ketepec Scout Troup and briefly explained the Council meeting procedure. On motion of Councillor Flewwelling "I' ~....;..J.' Seconded by Councillor Knibb RESOLVED that an item regarding ambulance services (which was on the Committee of the Whole agenda on this date) be added to the agenda for consideration at this meeting. The Mayor noted that Council did not deal with the above matter in Committee of the Whole earlier this date. Question being taken, the motion was carried with Councillor Rogers voting "nay". -I, ,----. ...... The Common Clerk advised that the necessary advertising was completed with respect to the proposed closing of a portion of Great Marsh Road, and that no written objections were received in this regard. No person was present to speak against or in favour of the proposed street closing. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Great Marsh Road, be read a first time, and referred to the Legal Department for appropriate action. . ..... JI"" 525 . Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of Great Marsh Road, be read a second time. I"' Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. -I Consideration was given to a letter from the City Manager submitting a copy of the executive summary of the Rockwood Park Master Plan (the draft Master Plan having been the sUbject of a teach-in in Committee of the Whole on September 21, 1987), which is a ten-year development plan based on the needs of both the citizens and tourists and having been guided by a steering committee, chaired by Mr. Bernard Moe and made up of other City staff members together with provincial and Federal representatives and several boards which deal with the Park; advising that, due to the limited number of copies available, full copies of the Master Plan have been sent only to the Mayor, Councillor M. Vincent (Rockwood Park Advisory Board) and Councillors Vaughan and A. Vincent (Recreation and Parks Advisory Board); however, fOllowing the granting of approval in principle by Council, the final document will be prepared for circulation and full copies will be available to all members of Council; and recommending that Council approve the Rockwood Park Master Plan in principle and direct staff to provide an implementation strategy for its future development. . Mr. Moe noted the involvement in the Rockwood Park Master Plan of the consulting firms of Marshall Macklin Monaghan, anQ,Mott, Myles and Chatwin Ltd., and of the members of the steering community, as well as the pUblic involvement through meetings and a survey; and introduced Mr. Rodger Todhunter and Ms. Christine Rassis Ruby of Marshall Macklin Monaghan. . Ms. Rassis Ruby and Mr. Todhunter presented slides and, in turn, addressed Council with respect to the Rockwood Park Master Plan, such Plan resulting from a study to produce a ten-year development plan and to demonstrate the feasibility of specific development initatives which relate to both tourist and resident use, and involving a review of the Park's character and of the resident and tourist market for Rockwood Park and the development of a strategy for Park development. The Master Plan proposes a development concept which is market-driven, based on the Park's inherent potential and (1) focuses activity and physical development into three distinct zones - a conservation/ wilderness zone, a cultural/recreational zone and a heritage zone, (2) concentrates visitor activity in the Lily and Fisher Lakes areas, (3) improves vehicular and pedestrian circulation, parking and access, (4) builds on the existing strengths of the Park - the campground and Cherry Brook Zoo, and (5) creates a heritage zone in the Park to build upon the unique features of the Park's past to create a strong theme for Park development; and establishes the following development projects: (1) protection and preservation of the natural and historic character of the Park, (2) public enjoyment, (3) market " compatibility, :.Pl) retention of aesthetic values, (5) cost effectiveness, (6) provision of economic and tourism benefits, (7) consideration of competing opportunities 'and (8) increased operational efficiency, and sets out development initiatives which are considered feasible projects which the Park could accommodate. The Master Plan elaborates on the key projects determined to be Phase I priorities, including (1) improvements to the roads,entrances, parking and trails, (2) destination campground, (3) zoological attraction and (4) Lily Lake heritage zone which includes such developments as an amphitheatre, reconstruction of the Lily Lake Pavilion and the development of horticultural gardens; advises that the total cost of the Master Plan, including Phase I priority projects at $7.1 million, is $10.4 million, with the public and private sector projects to generate 106 person years of construction labour and 18 full time, 41 seasonal and 4 part time operational positions, with the annual contribution to the Park by the City to carry out this Plan being in the order of $744,000.00 per annum; and estimates that, on the assumption that general park upgrading, improvement/redevelopment of the campground and zoo, creation of significant new attractions in the Park and ongoing promotion and programming occurs for these components, total visitation to the Park could increase from a presently static level of 250,000 visits upwards to 10 million visits with the increased tourist visitation to directly translate into revenues to the City by increased length of stay, levels of spending and rate of return visitation. -_I '1 -'. The Mayor suggested that the Rockwood Park Master Plan should be referred to the City Manager and appropriate staff for recommendation to Council and noted that the $10.4 million expenditure is related to a lO-year period, with immediate changes which can be carried out to enhance the Park's image. .I~ On motion of Councillor Schermerhorn Seconded by Councillor MacDougall RESOLVED that the Rockwood Park Master Plan presented by Marshall Macklin Monaghan be approved in principle and referred to staff to provide an implementation strategy for its future development. During discussion the Mayor commended the persons involved in the preparation of the Rockwood Park Master Plan. Question being taken, the motion was carried. . ~ ~ 626 Consideration was given to a letter from Mayor Wayne advising that, following the Committee of the Whole meeting regarding a tentative agreement with Local Union No. 771 on January 13, 1988, it was agreed by the Council members present, who constituted a majority, that Mr. N. Barfoot would be the Acting City Manager until a replacement for Mr. R. S. Clark has been appointed. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that Mr. N. Barfoot be appointed Acting City Manager until a new City Manager is appointed. .~I. ,r , Her Worship the Mayor expressed appreciation to Mr. Barfoot for agreeing to act as City Manager at his present salary for one month, and extended to Mr. Clark best wishes for ,success in his future endeavours. Question being taken, the motion was carried. Read a letter from Mayor Wayne advising that, with respect to the Great Canadian Participaction Day Challenge which is scheduled for Wednesday, May 25, 1988, she has been requested by Messrs. Don O'Leary and Rolf Spangenberg, Co-Chairpersons of the Saint John Participaction Day Committee, to request Council to once again appoint Councillor Marlene Vaughan as Council's representative on the Committee, and recommending Councillor Vaughan's appointment. J' On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that Councillor Marlene Vaughan be appointed as Council's representative on the Saint John Participaction Day Committee. . Question being taken, the motion was carried. Consideration was given to the report from the City Manager regarding Council's Task Force for the Strategic Plan (which was tabled at Council's last meeting) ;'~recommending that Council approve the submitted report entitled, "Council's Task FOrce - Strategic Plan", dated January 13, 1988. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, Council approve the submitted report entitled, "Council's Task Force - Strategic Plan", dated January 13, 1988. I-~ -=- Mr. Bedford highlighted the above report and the Mayor noted that, as indicated in the City Manager's letter concerning the Task Force membership (which is an item on the Committee of the Whole agenda on this date), the',Task. Force would rather have Council appoint its chairman than appoint its own chairman. Upon the Mayor's suggestion that Dr. Gary Davis be appointed as Chairman of the Task Force for the Strategic Plan, Councillor Schermerhorn proposed a motion to so amend the above motion, which was seconded by Councillor MacDougall, such amendment subsequently withdrawn when the propriety of Council's involvement in such appointment was questioned and in view of only five of the thirteen members on the Task Force having made the request for Council to make such appointment, and matters were broached pertaining to ensuring that input is received from young persons in the City, the relationship of the Strategic Plan with the Millidgeville secondary plan, and the fact that organized labour is not represented on the Task Force. . Question being taken,~the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the letter from the City Manager submitting a letter from the City Solicitor and a copy of a concert agreement between World Chess Festival and Saint John Symphony Inc. with respect to the February 10, 1988 performance of the Symphony together with soloist Rosemarie Landry at a fee of $8,500.00 Canadian, 20% of which shall be paid by February 5, 1988 and the balance due on February 15, 1988, and recommending that the Mayor and Common Clerk be authorized to execute the submitted agreement -- be received and filed and the recommendation adopted. ~I "" , Question being taken, the motion was carried. ~I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a joint Pole and Anchor Agreement be executed with The Power Commission of the City of Saint John and NB Tel allowing the placement of two (2) pole anchors on City land on Kennebecasis Drive, identified as P.I.D. Numbers 49460 and 5505565, as long as they do not interfere with the septic system located on the lot, the price of such agreement to be $20.00. . ~ ,..... ~21 Question being taken, the motion was carried. On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a performance bond in the amount of $78,000.00, as required by the Provincial Planning Appeal Board, be accepted as security with respect to the application of Maritime Construction Ltd. for an excavation permit for the Old Carvell pit at 1849 Manawagonish Road, pursuant to Section 880 of the Zoning By-Law. r Councillor Schermerhorn proposed a motion, which was seconded by Councillor Flewwelling, that the above matter be tabled in order to obtain a better understanding of the situation in view of problems in this regard; however, the mover and seconder of the proposed motion agreed to withdraw such motion pending discussion during which time the Mayor noted that such item was considered briefly in closed session earlier this date and that, if Council members require additional information in view of the brief discussion, they have every right to request same. On motion of Councillor Schermerhorn --~.- tI_ Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week for a further report from staff. Question being taken, the tabling motion was carried with Councillors Knibb, A: Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn ,-. Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-122 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 307 Westmorland Road (L.R.I.S. Number 316430), containing approximately one acre, from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on condition that (a) the use of this property is limited to offices for three medical practitioners '_wi thin' -the existing building; (b) the property be developed and maintained in accordance with the site plan recommended by the Planning Department; (c) the maximum sign permitted on the property be limited to one facia sign not exceeding 12 square feet; and (d) all work necessary to finish the site in accordance with condition (b) be completed within six months of the commencement of the proposed use of the building. r-:r I The by-law entitled, "By-Law Number C.P. 100-122 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. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-123 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a .9 hectare parcel of land at 520 Somerset Street (L.R.loS. Number 46417), from "RM-l" Three-Storey Multiple Residential to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: ~ AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition limiting the use of the property to the parking and storage of vehicles and that trees be planted along a landscaped strip along the frontage of the site in accordance with a site plan approved by the Planning Director and that the work shown on the plan be completed by October 31, 1988. The by-law entitled, "By-Law Number C.P. 100-123 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. H 1;- Question being taken, the motion was carried. On motion of Councillor Schermerhorn If ~ Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law Number C.P. 100-124 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a .32 hectare parcel of land with a depth of 23 meters at the rear of the property at 485 McAllister Drive, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial 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. 100-124 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. On motion of Councillor Schermerhorn v Seconded by Councillor MacDougall RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Bruce Campbell, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. .....- ~ [I ---~-------- ~_._~-- -- Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the New Brunswick Branch of the United Nations Association in Canada advising that International Women's Day is being observed on March 8, 1988 as established by the United Nations; also advising that it is proposed to award annually on this day a certificate of merit to women throughout the Province who deserve special recognition because of their activities and work in the voluntary field, and requesting that any nominations be submitted by February 26 in order to enable the Association to formulate the necessary arrangements -- be received and filed and the public be invited to submit nominations. The motion originally proposed was to refer the above matter for Council's consideration in Committee of the Whole, such motion withdrawn upon the suggestion that the public should be invited through public advertising to submit names for nomination for the award. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that permission be granted to Mr. and Mrs. Willard McCormick for the temporary placement of a mobile home on property on McCormick Lane for the period of one year. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Human Development Council expressing appreciation for Council's initiative in developing a strategic plan for the next five years and for the opportunity of the community to participate in the first phase, and re-emphasizing the Human Development Council's willingness to participate in the City's strategic planning process -- be received with appreciation and referred for consideration by the Task Force for the Strategic Plan. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. George F. Teed of Minote Holdings Ltd. offering to sell to the City approximately 3000 feet of shoreline property in the Loch Lomond watershed area -- be referred to the City Manager for evaluation and a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the land at 321 Princess Street be sold to Mr. Ron Draper for the sum of $3,500.00 on the condition that he have an agreement of sale on the adjoining lot, with the City to retain an option that the properties must be developed together with construction of a three-family dwelling within one year of the transfer of title and that a 10% or $600.00 deposit be required and that the transfer must take place within 30 days of approval of Common Council. It was noted that the amount above is not the amount recommended by the City Manager and Councillor MacDougall expressed opposition to the above motion on such basis, such amount being $1,000.00 less than that recommended by staff. Councillor Vaughan made the observation that Council previously had agreed to sell the subject property for $2,000.00 and that the lot itself is not suitable for building without the lot adjacent to it. Question being taken, the motion was carried with Councillors Davis, MacDougall and Schermerhorn voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Council approve the purchase of a Simon LTI, 100-foot Aerial Platform Truck from Phoenix Fire Apparatus Ltd., at a cost of $378,000.00, U.S., plus exchange, duty, freight and Provincial sales tax, and that such purchase be funded from the 1988 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the City of Saint John provide ambulance service for 1988 to the Village of Fairvale, at a cost of $23,500.00, with the Village of Fairvale to issue cheques as agreed with the Deputy Commissioner of Finance for the City of Saint John in the amounts of $5,500.00 dated March 31, 1988 and $6,000.00 each on June 30, September 30 and December 31, 1988. Councillor Rogers expressed concern with the above motion on the basis that, as it is her understanding that the three municipalities of Fairvale, Gondola Point and Quispamsis had come to an agreement to operate an ambulance service for the Kennbebecasis Valley area on a cost-shared basis, the effect on the other two municipalities if Fairvale joins the City, and the possibility that the ambulance may be in Fairvale when needed in Saint John, despite the back-up service of the Rescue Squad in the City. Councillor Davis, Chairman of the Saint John Regional Hospital Board, made the observation that the Village of Fairvale approached the City with respect to ambulance service and that, based on his review at Council's request of the effect on response time within the City limits should Fairvale be provided with ambulance service, the results of such investigation show that the effect would be minimal. Question being taken, the motion was carried with Councillor Rogers voting "nay". Mr. Clark expressed appreciation to the members of Common Council, City staff, the media and the citizens of Saint John for their support during his tenure as City Manager. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk I i I 3 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of February, A.D. 1988, at 7:00 o'clock P.M. present Elsie E. Wayne, Mayor Councillors Davis, Flew-welling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent and - Messrs. N. Barfoet, Acting City Manager; J. Brown, Assistant City Manager - Development; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; R. McDevitt, Fire Chief; C. Breen, Chief of Police; S. 3edford, Director of Community Planning; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; J. Levesque, Director of Communications and Public Relations; J. Johnson, Building Inspector; B. Sheridan, Acting Director of Parks; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend Ramon Hunston of The Calvary Temple offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on January 25, 1988, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 6th Saint John Cirl Guide Company and the lst Forest Hills Girl Guide ,Company, and briefly explained the Council meeeting procedure; read a proclamation regarding the Big Brothers-Big Sisters Bowl for Kids Week, ,February 7 to 13; and commented on the World Chess Festival events. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a portion of a larger parcel of land at 500 Westmorland Road (L.R.I.S. Number 303479), having a frontage of approximately 700 meters on Westmorland Road and an area of approximately 13 hectares, from "I-2" Heavy Industrial to "SC" Shopping Centre classification, to permit the development of a furniture store of 4,200 square meters, two automotive dealerships and a shopping mall of 7,700 square meters, as requested by Mr. James F. Watt of Clearview Mobile Homes Ltd., and that no written objections were received in this ,regard. Consideration was given to a letter from the Planning Advisory Committee advising that, with respect to a traffic impact study and a market study which the applicant had indicated would be available by the end of 1987, for a variety of reasons the market study was not available until January 14 and a variety of issues have not vet been resolved reyarding "!services; therefore, the Committee has not had the opportunity to consider this matter or make a recommendation; and recommending that the public hearing be held and then the :natter be tabled. 4r. D. Ferguson of 579 Rothesay Avenue appeared in opposition to the proposed amendment on the basis that the continual filling-in of the area could lead to additional flooding problems in the flood risk area, and circulated a photograph depicting the area during a flood in 1978. The Mayor commented on the tri-level agreement with the three levels of government with regard to the flood risk area and noted that the subject property is not part of such area. Mr. T. O'Neil, solicitor for the applicant, appeared in support of the proposed amendment and, in noting that the Planning Advisory Committee has not to date made a recommendation in this regard, advised that the applicant is in the process of meeting with City staff in an attempt to alleviate some of the concerns of Mr. Ferguson and that the applicant is well aware that he must comply with the Flood Risk Area By-Law. Mr. O'Neil also advised that there are certain items with respect to traffic flow and water and sewerage services which have to resolved with staff and requested that this matter be tabled pending receipt of the report from the Planning Advisory Committee. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recorumended by the Planning Advisory Committee, the application of Mr. James F. Watt of Clearview Mobile Homes Ltd. for the re-zoning of property at 500 Westmorland Road be laid on the table pending a report and recommendation from the Committee. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed zoning By-Law amendment to re-zone a 1.4 hectare vacant parcel of land located on the east side of Manchester Avenue between Mollins Drive and the NBEPC transmission lines (L.R.I.S. Number 403048), a 3D meter strip fronting on Manchester Avenue, from "R-IA" One-Family Residential to "R-2" One- and Two-Family Residential classification, and the remainder of the parcel, including a 15 meter access driveway from Manchester Avenue, from "R-lA" One-Family Residential to "RM-1" Three-Store Multiple Residential classification, to permit the development of 5 lots for two-family houses fronting on Manchester Avenue and a private driveway to a 24 unit "garden homes development", garden homes being one-storey townhouses, as requested by Manford M. Thompson Construction Company Limited, and that written objections were received from Mr. & Mrs. L. N. Wyse, Mr. Robert Bustin, K. Kapadia, the solicitor for residents of Sunset Heights/Greendale, Joanne Melvin, Ronald Ingraham, E. L. Flewelling, Alfred and Jacqueline Lord, Ruby B. Cobb, Mrs. N. W. Lebons, and Donald and Evelyn Kelly, with a letter having been received from Barry & O'Neil, solicitors for Manford M. Thompson Construction Company Limited, requesting to withdraw the application. Consideration was given to a letter from the Planning Advisory Committee recommending that the application to re-zone the 1.4 hectare vacant parcel of land, located on the east side of Manchester Avenue between Mollins Drive and the NBEPC transmission lines, be denied. The Mayor noted the request to withdraw the above application. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the application of Manford M. Thompson Construction Company Limited for the re-zoning of property on Manchester Avenue be withdrawn, as -requested by the applicant. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RFSOLVFD that the correspondence regarding the application of Manford M. Thompson Construction Company Limited for the re-zoning of property on Manchester Avenue be received and filed. Question being taken, the motion was carried. Her Worship the Mayor explained for the benefit of persons present in the Council Chamber with respect to the above application that the matter has now been disposed of and the application withdrawn. Read a letter from Mayor Wayne submitting correspondence received from the African Students Union of the University of New Brunswick and Saint Thomas University requesting a cash donation to help support activities associated with Africa Week which is scheduled from January 28 to 30, 1988. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the above matter be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honourable Michael Wilson, Federal Minister of Finance, with regard to the matter of a reformed sales tax system (which was the subject of consider- ation by Council on October 5, 1987), advising that Stage 1 of the approach to tax reform generally focuses on the corporate and personal income tax systems, and the replacement of the existing sales tax in Stage II of reform provides the time needed to achieve two important objectives. first, to ensure a thorough understanding of the new system by those who will be affected by it; and second, to explore fully with the provinces ' the opportunity of integrating the separate sales taxes of both levels of government :: into one national system; also advising that, on December 10, 1987, the provincial ,Ifinance ministers and he agreed on the general principle that municipalities, hospitals, school boards, colleges and universities should not bear a greater burden under the national sales tax than they would under the existing sales tax systems; in other words, jthey would generally receive the same degree of tax relief in a reformed system as they would under the current regimes; and further advising that this approach to the treatment of goods and services purchased by municipalities is fair and that, in addition, any biases that may have existed under the new system against contracting-out to the private isector for goods and services will be substantially alleviated -- be received and filed i iI with appreciation. Question being taken, the motion was carried. Councillor Vaughan questioned, on a point of order, the status of the Mayor's letter concerning the African Students Union on the basis that the vote was not taken on the motion whereupon the Mayor confirmed that the motion that the matter be referred to the grants committee for consideration was passed. Councillor Vaughan expressed her intent to register a dissenting vote on the referral and Councillor Knibb suggested that Council should re-vote on the motion. The Mayor asked how, in view of the indication t all Council members were not aware of the vote having been taken, the matter should be handled to which Mr. Rodgers replied that a motion to reconsider a matter must be made by a Council member on the prevailing side, and the Mayor suggested that, if Council wishes to reconsider the matter, a motion to that effect is in order. ~ ., '532 On motion of Councillor Davis Seconded by Councillor Rogers RESOLVED that Mayor's letter regarding the African Students Union be reconsidered. i' Question being taken, the motion was carried with Councillor Vaughan voting "nay". On motion of Councillor Knibb RESOLVED that the above letter be received and filed and that, unless the African Students Union comes to Saint John, no consideration of the request for funding shall be made. Seconded by Councillor MacDougall ~jl u Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Vaughan and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Acting city Manager, authority be granted for payment of the following construction progress certificates, namely:- ~~ 1. Contract 87-16 Thorne Avenue Reconstruction Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated January 27" 1988 $296,070.00 279,413.86 Nil 237,501. 78 i~ ~ $ 41,912.08 2. Contract 87-2 St. Andrew Street Water and Sewer Nautilus Construction & Rentals Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 21, 1988 Final holdback release $145,845.20 130,144.01 Nil 104,101.13 $ 26,042.88 Question being taken, the motion was carried. ',-.- S On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager advising that, with respect to Council's request of January 18, 1988 for a status report on the Lancaster sewage treatment facility, detailed design is basically complete and a tender package is being prepared for Phase I which consists of the construction of a 30" diameter collector sewer from the present treatment plant to the area of Catherwood Street, which is referred to as the Manawagonish Creek trunk sewer, and that the City's Property Management Department is negotiating the necessary easements from the New Brunswick Protestant Orphanage group and all other land required is either owned by the City or the Province and, once the easement has been obtained, a construction contract will be advertised in anticipation of construction commencement in the spring, with final approval of the funding for the work to be confirmed by the Province before the contract is advertised; also advising that Phase 2, the expansion of the treatment facility itself, is dependent upon negotiations that are underway between the Province and Labatt's Brewery, such negotiations involving the Province establishing limits on the strength of the effluent producted by Labatt's and discharged to the City's sewer system and, until this is accomplished, the City's consultant cannot proceed; further advising that the Province has advised that Labatt's local office is proposing to relocate a centrifuge unit from another plant to its Saint John plant, and concluding that, as soon as confirmation of the installation is received and technical data is made available, the City's consultant will evaluate the alternatives and proceed with design of an upgrading of the plant -- be received and filed. o ~. '~ ~-..t Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager submitting a report from the Legal Department advising of a request from the solicitor for John Gary, Catherine Armstrong, Nelson Cloud and Wendolyn Mitchell for an easement permitting the encroachment of the Gary et al building upon Elliott Rowand Crown Street, and recommending adoption of the submitted resolution. -~ ~~ On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($l.OO) to execute an easement in favour of John Gary, Catherine Armstrong, Nelson Cloud and Wendolyn Mitchell to permit the encroachments of their building on Elliott Rowand Crown Street; such easement to terminate with the destruction or removal of the encroachments. C) 'v ~ ~ ,.... 533 Question being taken, the motion was carried. I Read a report from the Acting City Manager advising that staff discussed the issue of pole signs in the spring of 1987 with the Power Commission of the City of Saint John and that the Commission and NB Tel have both expressed concern for the safety of their employees if posters etc. are allowed to be attached to their equipment; also advising that staff has reviewed the By-Law which prohibits the placing of signs on poles in the City and, although the form is not consistent with today's practice, the content appears appropriate and that, although the penalty provision was very severe in 1954 when the By-Law was enacted, it is currently inadequate, and further there is no specific individual designated to enforce the By-Law; and recommending that the By-Law be amended to provide for a $200.00 penalty and that Mr. Tibor Halassy, the By-Law Enforcement Officer, be authorized to lay informations in Provincial Court with respect to violations of this By-Law. . On motion of Councillor Schermerhorn I~ Seconded by Councillor Gould RESOLVED that the by-law to amend the by-law entitled, "A Law Prohibiting The Placing Of Signs On Poles In The City Of Saint John, by deleting the word "twenty" and replacing it with the words "two hundred", be read a first time. Read a first time the by-law to amend the by-law entitled, "A Law Prohibiting The Placing Of Signs On Poles In the City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the by-law to amend the by-law entitled, "A Law Prohibiting The Placing Of Signs On Poles In The City Of Saint John", by deleting the word "twenty" and replacing it with the words "two hundred", be read a second time: AND FURTHER that the proposed amendment be referred to the City Solicitor for appropriate action. Read a second time the by-law to amend the by-law entitled, "A Law Prohibiting The Placing Of Signs On Poles In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn J Seconded by Councillor Rogers RESOLVED that Mr. Tibor Halassy, the By-Law Enforcement Officer, be authorized to lay information in provincial Court with respect to violations of the By-Law prohibiting the placing of signs on poles in the City of Saint John. Question being taken, the motion was carried. I Consideration was given to a report from the Acting City Manager noting that section 25.1(1) of the Subdivision By-Law in conjunction with Schedule "B" thereof sets out the cost responsibilities between the City and a developer with respect to the provision of services and facilities in subdivisions and that paragraph (c) thereof was enacted primarily to implement a three-year cost-sharing period for 1985, 1986 and 1987, so that the success of the cost-sharing program could be reviewed to determine its effectiveness; also noting that the cost-sharing program has the effect of stimulating subdivision development while the GRIP program has the further effect of stimulating housing construction and, if the objective is to encourage the creation of new lots, then the cost-sharing program should continue; advising that subdivisions, which were started in 1987 but not yet approved by the Development Officer, would not legally qualify for cost-sharing even though the developer started the development with the understanding that the City would share in the cost; and recommending that, to eliminate this problem and to continue the cost-sharing program without the need for periodic By- Law amendments, the Subdivision By-Law should be amended by the deletion of the time limit, such elimination would not preclude periodic review of cost-sharing by Council and if, in the future, Council decides to abolish cost-sharing, the By-Law provision could be removed. . On motion of Councillor Schermerhorn ,- , - Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, a proposed Subdivision By-Law amendment to delete paragraph (c) of section 25.1(1) and insert a new paragraph (c) to read as follows: "(c) approved by the Development Officer pursuant to the provisions of Section 25 hereof", be referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. Read a letter from the Acting City Manager recommending that, as Council has now had the opportunity to receive further information from staff,the previous recommend- ation concerning the Old Carvell pit at 1849 Manawagonish Road, which was tabled at Council's last meeting, be taken from the table and adopted. . On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, a performance bond in the amount of $78,000.00, as required by the provincial ..... ~ 534 Planning Appeal Board,be accepted as security with respect to the application of Maritime Construction Ltd. for an excavation permit for the Old Carvell pit at 1849 Manawaonish Road, pursuant to Section 880 of the Zoning By-Law. . Mr. Johnson explained that, typically, there is a notation on an application with respect to the quantity of material the applicant proposes to excavate but that there is no restriction on the permit, with the applicant constrained by the By-Law with respect to how close he can go to adjacent properties not by the amount of material he removes; however, with respect to the above application, the provincial Planning Appeal Board has made a decision as to how many tons of material are involved and to be taken onto the site. With respect to the indication in the above letter to the further information, the Mayor noted that, although such information was to have been considered in Legal Session earlier this date, Council did not have the opportunity to do so. -I On motion of Councillor Flewwelling Seconded by Councillor MacDougall RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillors Knibb, A. Vincent and M. Vincent voting "nay". -I' . , On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Acting City Manager submitting a letter from Mr. John T. Reid, General Chairman of World Chess Festival, requesting Council authority to pay the first prize money in the World Blitz Championship, and recommending that Council authorize the awarding of this cash prize in the amount of $50,000.00 be received and filed and the recommendation adopted. . Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager regarding the proposed Zoning By-Law amendment with respect to property at 515 Westmorland road (which was given first and second readings on December 7, 1987); advising that the agreement pursuant to Section 39 of the Community Planning Act, which is necessary to clearly establish the responsibility of the City and Tritor Developments Ltd. with respect to specific matters where physical improvements are required, does not contain detailed designs or estimates of cost associated with the various items of work required, and there is still a significant amount of technical design work to be completed with details to be agreed upon and, in all cases, must be approved by the City prior to construction; stating the major points in the agreement with respect to (a) the City's responsibility to undertake road improvements, (b) the developer's responsibility to construct a sanitary sewerage system to replace the Mark Drive lagoon, (c) the developer's responsiblity to construct a storm water storage system, (d) the requirement for, and approval by, the City of a detailed plan with respect to location of the building, location and standard of the internal access road, landscaping, treatment of transition areas, underground electrical service and landscaping prior to building permit approval and (e) security required for the developer's portion of the storm and sanitary sewer work and road work; concluding that the developer will need to execute the agreement prior to the Council meeting, with third reading of the By-Law amendment to be given once the agreement has been executed; and recommending that (1) the Mayor and Common Clerk be authorized to execute the agreement; (2) the third reading of the Zoning By-Law amendment be given, and (3) the re-zoning be subject to the agreement pursuant to Section 39 of the Community Planning Act. '1- '.......- . Councillor Schermerhorn proposed a motion,-which was seconded by Councillor A. Vincent, that third reading be given to the proposed Zoning By-Law amendment and that authority be given to execute the agreement pursuant to Section 39 as recommended, with amendments to the agreement as referred to in the letter from the solicitor for the applicant to the City (such matter having been broached in Committee of the Whole and Legal Session of Council earlier this date). -I .-..::- Mr. Rodgers suggested that, with respect to the propriety of the amendments requested by the applicant's solicitor, such matter is appropriate for discussion in Legal Session and stated that he is not inclined to discuss the effects of the requested clause in open session unless Council by majority vote so directs him. Councillor Schermerhorn clarified that the proposed motion includes two amendments requested by the applicant's solicitor whereupon Mr. Rodgers expressed the understanding that the motion is to authorize the Mayor and Common Clerk to execute a Section 39 agreement as recommended to Council by the Acting City Manager and that the agreement also contain conditions as outlined in the letter from Mr. B. Mosher to Mr. Barfoot dated February 1, 1988. ~I The Common Clerk, at the request of the Mayor, read the said letter which advises that the development agreement was reviewed, and expresses agreement with the terms of same with the following 4 exceptions: (1) inclusion of a reasonableness clause such as: "Both parties hereto agree to act reasonably in connection with any manner, action, decision, consent or approval required or contemplated under this agreement"; (2) the City, not the Developer, is required to obtain and pay for all easements or any additional property not owned by the Developer which includes land for . ~ JI"" 5~5 road works and the sanitary sewerage system; (3) the City will consult with the Developer's engineer for approval of any plans for acquiring any land of the Developer; and (4) amending paragraph 6A by adding after the~,words "... subparagraph 5(c) hereof", the following words: "together with interest of l~% over the Bank of Montreal's prime interest rate from the date of the Developer incurring the cost and the City's reimburse- ment for same". - . I' Councillor Schermerhorn clarified that, as it is his understanding that agreement has been already reached on most of the above items, there are only two additional conditions to be included in the Section 39 agreement, one being the reason~ ableness clause, the other being the matter of the easement. Councillor MacDougall suggested that, in view of the City Solicitor earlier this date having cautioned Council with respect to the inclusion of the reasonableness clause pending an opportunity for him to submit an opinion in this regard, Council should table the matter for one week. On motion of Councillor MacDougall table for one week. Seconded by Councillor Rogers RESOLVED that the above matter be laid on the I Question being taken, the tabling motion was lost with the Mayor and Councillors Flewwelling, Knibb, Schermerhorn, Vaughan, A. Vincent and M. Vincent voting "nay". The Mayor called for the question on the original motion to give third reading to the proposed Zoning By-Law amendment and authorize execution of the Section 39 agreement, whereupon the by-law to amend the Zoning By-Law of the City of Saint John was read in its entirety. . Mr. Barfoot suggested that Council, prior to enacting the By-Law, should authorize execution of the Section 39 agreement. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the Mayor and Common Clerk be authorized to execute an agreement pursuant to Section 39 of the Community Planning Act with Tritor Developments Ltd. with respect to the re-zoning of property at 515-5l9 Westmorland Road, including the conditions regarding a reasonableness clause and an easement as indicated in a letter dated February 1, 1988 from Mr. B. Mosher, solicitor for the applicant, to Mr. N. Ba~foot. Question being taken, the motion was carried with Councillors MacDougall and Rogers voting "nay". ] On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-125 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of 31.28 hectares with frontage on Westmorland Road, McAllister Drive and Mark Drive (L.R.I.S. Numbers 424309, 437467, 437475, 430504, 427518, 55008098, 55008247 and parts of L.R.I.S. Numbers 408716, 438051 and 285932), from "I-R" Restricted Industrial or "1-1" Industrial to "SC" Shopping Centre classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: . AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to an agreement with Tritor Developments Ltd. The by-law entitled, "By-Law Number C.P. 100-125 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety earlier in the meeting. Question being taken, the motion was carried with Councillors MacDougall and Rogers voting "nay". I Mrs. Frances E. Brownell of 443 Dwyer Road presented a petition on behalf of residents of the South Bay/Mosquito Cove area regarding the steadily-declining water quality in the Mosquito Cove-Dominion Park area and, in noting the number of area residents present in the Council Chamber, commented on the problem of raw sewage, as well as other contaminants such as chemicals and oil, being present in the water since 1980, tests taken by the Provincial Health and Environment Departments which indicate the high readings of faecal coliform, and the substantial growth of algea which has taken place in the Mosquito Cove area since 1976. Mrs. Brownell suggested that a major co-ordinated study should be effected to determine the propriety of the City pumping stations which allow raw sewage to overflow or be diverted into the area, such study to include the stagnant conditions caused by the inactive flow of the channel water from South Bay to Mosquito Cove, and also suggested that the channel needs to be cleaned and deepened and that the existing system should be adjusted to prevent expulsion of untreated sewage into the Bay/Cove area, with action taken to terminate the dead water eddy at Mosquito Cove which may be contributing to the concentration. Mrs. Brownell expressed the opinion that a joint approach, to be initiated by the City, combining the expertise of the City, the Province and the Federal Government should be able to resolve the situation; and, in referring to a March 19, 1984 presentation by the Saint John Environment Committee to Council recommending that the City Works Department be requested to initiate action to determine the direct and indirect causes and procedures to rectify these problems and result in a proper water quality in the Dominion park- Mosquito Cove area and to correspondence with both the City and Province, requested that the Mayor and Council consider the concern of the petitioners and their request to have this matter treated with the utmost priority. ~,- . During discussion Mr. Butler explained that there are occasions when, although the system is operating as designed, some flows are by-passed at certain chambers because the system is not deSigned to carryall storm flows and as some of the sewers ~ ~ 536 are combined which means that they carry sanitary waste, as well as storm water, and the system is designed to pump sanitary waste at certain times some material is by-passed which leads to occasions when surrounding streams would have sewage present; the question was broached as to whether or not a health problem is created by the situation in the Mosquito Cove/Dominion Park area to which Mr. Robichaud referred to a 1984 letter from the Department of Environment which indicates that such overflows in that area are undesirable and their contribution to the stagnation problem in Mosquito Cove is much less significant than the combined effect of other discharges; Mrs. Brownell expressed the opinion that, rather than carry out additional testing in the area in view of the number of tests which have already been carried out, the situation is that there is raw sewage present in the area and that, regardless of the cost, the situation must be resolved; the effect dredging would have on the problem was questioned; and the suggestion was made that the three levels of government should meet with representatives of the area to discuss a resolution of the problem. The Mayor thanked Mrs. Brownell for her present- ation and advised that Council would render a decision in this regard later in the meeting. . 'I On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to closing a portion of the following highway:- 'I GREAT MARSH ROAD: All that certain lot, piece and parcel of land situate lying and being in the City of Saint John in the County of Saint John and Province of New Brunswick and comprising the entire width and length of the "OLD ROAD" as shown on a plan dated Saint John, N.B. November 7, 1911 revised August 28th, 1914 by Gilbert G. Murdoch, D.L.S. filed in the Saint John County Registry Office as File 15 #262 lying and being within the boundaries of lands designated as Lots C & E as shown on the Subdivision Plan filed in the aforesaid Registry Office as File 37 #46 . - be read a third time and enacted and the Corporate Common Seal be affixed thereto. '.(Councillor A. Vincent withdrew from the meeting.)' The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 'I To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on January 25, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the premises known as the Ocean Hawk II Tug Boat situated at Market Square be leased from Coopers & Lybrand Limited as Receiver - Manager of Market Square Development Limited under the following terms and conditions:- (1) lease term to be April 15, 1988 to October 31, 1988; (2) . rent to be $1.00 for the complete term; and (3) the City will: (3.1) keep the premises in good repair, (3.2) make no alterations without the consent of the lessor, (3.3) pay all electrical, water and sewerage charges, (3.4) maintain the fire alarm and sprinkler system, (3.5) pay for the annual filter changes, (3.6) keep the premises in a clean and tidy condition being responsible for all janitorial services, and (3.7) insure the premises in an amount approved by the lessor with the lessor named on all policies as named insured. . 2. That as recommended by the City Manager, Common Council extend the current loan guarantee for the Saint John YM-YWCA with the Bank of Nova Scotia up to $246,000.00, until December 31, 1988, and that the Mayor and Common Clerk be authorized to execute the necessary documents. 'I February 1, 1988, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. ~l On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould . RESOLVED that section 2 of the above report be adopted. on the Councillor Schermerhorn expressed opposition to the above motion basis that, in his opinion, the City of Saint John should not be ~ ,... 5~7 guaranteeing loans which are outside the City's jurisdiction, and Mr. Wilson advised that the City currently guarantees approximately $600,000.00 in such loans, including that above, Saint John Non-Profit Housing Inc., Loyalist Days Inc. and the Cherry Brook Zoo. . Question being taken, the motion was carried with Councillor Schermerhorn voting "nay". Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John ( The Committee of the Whole reports Your Committee begs leave to report that it sat on Friday, January 29, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, MacDougall, Rogers, Schermerhorn, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- I 1. That as recommended by the City Manager, Council adopt the following resolutions, namely:- (i) WHEREAS on July 7, 1986, the duties of Director of Personnel were assumed by the Commissioner of Human Resources together with expanded duties; AND WHEREAS the Director of Personnel has consented to the revision of his conditions of employment resulting from the reorganization of the department provided a satisfactory settlement was negotiated with the City Manager to compensate him for the loss occasioned thereby; . AND WHEREAS the City Manager has recommended a payment to the Director of Personnel, Donald J. French, as full compensation of a sum equal to 15 months' gross salary at present pay rates payable in a lump sum at the time of retirement of the said Director, such payment to be in addition to and exclusive of normal retirement benefits paid to retiring City employees: NOW THEREFORE BE IT RESOLVED that the recommendation of the City Manager be approved and any necessary documentation be approved as to legality and form by the City Solicitor. (ii) WHEREAS Donald J. French has completed upwards of 27 years of service as an employee of the City, but has not attained the age specified in sub- section 4(1) of the City of Saint John Pension Act: ] - NOW THEREFORE BE IT RESOLVED that pursuant to subsection 4(2) of the City of Saint John Pension Act, the Common Council of the City of Saint John hereby consents to the retirement of the said employee, Donald J. French, on January 31, 1988. February 1, 1988, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. . -I, Deputy Mayor Gould asked if the amount of the payment should be indicated to which Mr. Rodgers expressed the opinion that it is not legally required in order for the Commissioner of Finance to issue cheques, if the resolution is adopted in the above form; and, upon Mr. Wilson's confirmation that Mr. French will receive in addition to the above-proposed settlement the normal retirement bonus and the liability for unused vacation pay as well as his pension, Deputy Mayor Gould questioned if he could justify the amount of money required to induce Mr. French to retire on a reduced pension in view of the fact that in 2 years and 9 months, October of 1990, Mr. French can voluntarily retire without any reduction in his pension because at that time his pensionable service and his age will total 85. Deputy Mayor Gould stated that he personally does not accept the suggestion that there is no position in our large establishment where Mr. French could not be gainfully employed and that his calculations also indicate that the cost to the City, including the pension monies, would be practically the same whether Mr. French remains an active employee until October of 1990 or he retires as of today. (Councillor A. Vincent re-entered the meeting.) ~'I Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". Her Worship the Mayor called for a motion with regard to the presentation of Mrs. Brownell concerning the water quality in the Mosquito Cove-Dominion Park area. On motion of Councillor MacDougall . Seconded by Councillor A. Vincent RESOLVED that the presentation of Mrs. Frances Brownell be referred to the Acting City Manager for a report and recommendation to Council in two weeks on what steps must be taken to determine and resolve the problem of the water quality in the Mosquito Cove-Dominion Park area, such report to include a recommendation on whether or not a professional study is required. ~ ,., 538 Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding a proposed Municipal Plan amendment and re-zoning of 188 Latimer ,Lake Road, as requested by John and Mary Brennan and Jean- Claude and Colleen Vautour (the public hearing for which was held on August 31, 1987 with no readings given and the proposed amendments subsequently referred again to the Planning Advisory Committee on November 16, 1987 in accordance with the City Manager's recommendation in view of the report from Environment and Infrastructure Services); such property lying in an area that is recommended for the removal of the Stage 3 designation in the report entitled, "An Interim Policy On Servicing", which was adopted by Council on November 16, 1987, and therefore the proposed Municipal Plan amendment is in order; also advising that the Committee is satisfied that the property is appropriate for large lot subdivision (Rural Residential) based on the requirements of the Department of Health and that these requirements will be addressed at the subdivision approval stage which will be subject to further processing by the Committee and Council; noting that, if the application is to be approved, the By-Law amendment must be enacted and submitted for the approval of the Minister by February 29, 1988; and recommending that Common Council (a) remove the Stage 3 designation on Schedule 9A of the Plan with respect to a parcel of land containing approximately 27 acres of land at 188 Latimer Lake Road (L.R.I.S. Number 334516), as shown on the submitted sketch, with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, and (b) re-zone the same parcel of land from "RS-2M" and "RF" to "RR" Rural Residential classification. . -I I Consideration was also given to a letter from Blake and Carol Palmer requesting special permission to address the Mayor and,Council on the proposed Brennan and Vautour subdivision, 188 Latimer Lake Road, to express their concern, as major property owners affected by this proposal, of an environmental nature to their property and the Little River Watershed area. . On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that Mr. Palmer and a representative of the applicant be invited to address Council in this regard. Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting.) Mr. Blake Palmer circulated photographs of the Brennan/Vautour subdivision and expressed concern, based on a geologist's report containing technical, geological information concerning the subdivision and surrounding areas including the Little River Reservoir, with the potential of major environmental problems in the future. Mr. Palmer advised that his property consists of approximately 550 feet of prime- frontage property on the Latimer Lake Road extending to the proposed site property line and that, if the proposed building lots are raised four feet and backfilled to accommodate septic tank disposal beds and a trap water table as outlined by the Department of Health, his property will absorb the run-off due to the lower elevation which is totally unacceptable to him. Mr. Palmer referred to Mr. Brennan's report considered by the Planning Advisory Committee which indicates that there could be as much as 25% to 40% chance of contamination and concluded that, other than the Little River Reservoir, he is the only property owner directly affected because of his geographic location. (" . During discussion Mr. Palmer noted that he submitted to Council members sometime ago a copy of the geologist's report and, referring to a copy of a map of the subject site submitted with the above letter from the Planning Advisory Committee, advised that the lots which would pose the most hazard to his property are lots 6, 7, 8 and 9; and Mr. Bedford advised that staff is not in a position to guarantee that there will be no problem to Mr. Palmer's property and that the Public Health Inspector is responsible for issuing permits and has outlined a series of conditions that would have to be met in order to ensure that the septic tank would work properly and that the Department of Health is responsible for inspecting the septic tank installation; and Mr. Palmer highlighted the geologist's report referred to above, a copy of which he submitted to the Planning Advisory Committee. ,I' Mr. John Brennan, one of the applicants for the proposed amendment, referred to the applicants' rebuttal to Mr. palmer's geologist's report which is included in the above correspondence, highlighted same and concluded that, while he cannot give any guarantee that the subdivision proposed will not contaminate Mr. Palmer's well, the guidelines set out by the Department of Health will be followed. J~ During discussion Mr. Brennan advised that, if it Council's wish, he is prepared to scale the subdivision down from 9 lots to6 lots to at least be able to proceed with the subdivision. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by removing from Schedule 9A the Stage 3 designation with respect to a parcel of land containing approximately 27 acres at 188 Latimer Lake Road (L.R.loS. Number 334516), with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, be read a first time. . ~ ,.... :,5,3:9 1- During discussion Mr. Bedford advised that, in consideration of the proposed development and as Planning staff shares the environmental concern in this regard, staff reviewed the material submitted by Mr. Palmer and forwarded a copy to both the Ministry of Environment and the Department of Health, both of which are of the opinion that the controls in place are suitable to allay the fears of Mr. Palmer and that the Department of Health recommends that building permits not be issued until upgrading necessary prior to installations of on-site services has been completed; Mr. Johnson clarified that the Development Officer in the Planning Department would not sign the permits until such time as the Department of Health gives the clearance; and, upon the Mayor's suggestion that Council should have a letter indicating that the development can proceed and ensuring the Palmers that their property will not be damaged by the development, Mr. Bedford suggested that Council could refer the matter to staff for one week in order to determine if there is an alternative method to deal with the matter. . On motion of Councillor Flewwelling table for one week. Seconded by Councillor Vaughan RESOLVED that the above matter be laid on the I Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". Consideration was given to a letter from the Planning Advisory Committee regarding a proposed Building By-Law amendment with respect to a building permit fee increase, which was given first reading on January 11, 1988, recommending adoption of thecrecommendations relating to the amendment of the Building By-Law in order to increase building permit fees as contained in the correspondence to Council dated January 7, 1988 from the Building and Technical Services Department. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Building By-Law of the City of Saint John, with regard to an increase in the building permit fee, be read a second time. Read a second time the by-law to amend the Building By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~I Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "By-Law Number C.P. 101-6 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", with respect to an increase in the building permit fee, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-6 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee advising the results of the Committee's January 26, 1988 election of officers for 1988 -- be received and filed. Question being taken,.the motion was carried. On motion of Councillor Schermerhorn 1- Seconded by Councillor Vaughan RESOLVED that the letter from the Arbour Day Committee recommending that (1) the terms of reference for the Committee be to plan, prepare for and carry out an Arbour Day program for the City of Saint John, and (2) the Committee membership shall be eight people, with a term of office of two years, four members to be appointed by Common Council annually before the end of May to replace the four members retiring annually with the Committee to provide Common Council with recommend- ations,for-possibleCommittee members by May: l-and' reappointment to a second term of office on the Committee to be possible at the discretion of Common Council; requesting Council to declare the Tuesday of National Forestry Week, which is the first full week of May, to be Arbour Day in the City of Saint John and, if the Provincial Government names a day towards the end of Mayas New Brunswick Arbour Day and if Common Council does agree to designate Arbour Day as the Tuesday of National Forestry Week, to ask Premier McKenna to declare New Brunswick Arbour Day as the same day -- be received and filed and Council approve the terms of reference and committee membership as recommended and further that Tuesday of National Forestry Week be designated as Arbour Day in the City of Saint John. ,.1' Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor MacDougall RESOLVED that the Province of New Brunswick be requested to declare New Brunswick Arbour Day to be the Tuesday of National Forestry Week, such day also having been designated as Arbour Day in the City of Saint John. Question being taken, the motion was carried. ..... 54'0 On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Dr. Frederick D. Hodges advising that the wall in front of Duke Street is leaning against the foundation of his domicile at 88 Duke Street and vibrations from the extra-heavy vehicles using this street are causing a detraction in his house, and requesting that this wall be repaired -- be referred to the Acting City Manager for review and a recommendation and possible inclusion in the 1988 capital program. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn -I Seconded by Councillor M. vincent RESOLVED that the notices from the Liquor Licensing Board advising that the hearings of the applications of Gallery Investments Inc. for a beverage room license, and Keystone Kelly's (Saint John) Ltd. for a dining room and lounge license, regarding premises at 400 Main Street and North Market Wharf, respectively, will be held on February 5, 1988 -- be received and filed. Question being taken, the motion was carried. I The Mayor requested that the items regarding an easement for an NB Tel S.A.I. Unit on Somerset, the City Manager's spending limit, and buildings on fire and potentially dangerous, which were considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this time. On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that the above-mentioned . items be added to the agenda. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, (1) the City grant an easement on 20 square meters~ of land on Somerset Street near the intersection of Barker Street to permit the installation of a service area interface unit, the cost of the easement to be $200.00 and NB Tel to be responsible for the preparation of all documents and for all costs involved; and (2) the granting of the easement will be conditional on NB Tel acquiring any necessary variances from the Planning Advisory Committee. I Question being taken, the motion was carried. Consideration was given to a letter from the Commissioner of Finance noting that Common Council resolution of July 6, 1986, namely:- "That as recommended by the City Manager, the signing authority of the City Manager, Ronald Clark, be increased to $12,500.00 effective immediately", specifically' dealt with the authority to be given to Mr. Clark as opposed to authority being vested with the position of City Manager, and suggesting that, with the recent resignation of Mr. Clark and the appointment of Mr. Nicholas Barfoot as Acting City Manager, the said resolution should be rescinded and a new resolution be adopted. . On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Common Council resolution of July 6, 1986 regarding the spending limit of the City Manager, Ronald Clark, be rescinded, and the City Manager be authorized to spend up to $12,500.00. -I .Councillor-Schermerhorn expressed the opinion that a new City Manager should not initially have such a high spending authority. _ Question being taken, the motion was carried with'Councillor Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Acting City Manager, Common Council proceed with two approaches to provide staff with sufficient authority to protect the public safety:- (l) interim solution:_The Legal Department to draft a by-law pursuant to the 1925 Building Acf-(Section 17) authorizing the Inspector of Buildings, upon receipt of a recommendation of the Fire Chief, to order the demolition of a building on fire which the Inspector of Buildings determines to be more than 50% fire damaged and which is still on fire or as the result of such fire is in a dangerous condition; furthermore, the by-law shall indicate that the cost of such demolition work shall be fully recoverable from the owner of the building; and (2) long-term solution: the Legal Department to draft a revision to the Municipalities Act to clarify the right of the Fire Chief to demolish a building which is on fire and to allow the City to recover the cost of demolition including cleanup. :I~ '~ . ....4 ,.... !?c4J Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I Cf}~(,/( lfhA'vrd C on Clerk I . ] =- . -I~ ; J- ~ .,",-, . ~ ., 5;4'2 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of February, A.D. 1988, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent - and - M~SS~~. N. Barfoot, Acting City Manager; C. Robichaud, Assis'tant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. ROdgers, City Solicitor; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; T. Totten, Deputy Commissioner of Finance; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; J. Levesque, Director of Communications and Public Relations; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; P. Hanlon, Water and Sewerage Department; J. McIntyre, Human Resources Department; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. 'I I Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that minutes of Common Council, held on February 1, 1988, be approved. of the meeting Question being taken, the motion was carried. Her Worship the Mayor commended Councillor Rogers, Chairperson for Skate To Care '88, which was held at Lily Lake on February 6 and raised in excess of $100,000.00 in pledges for Centra care services and to fund Alzheimer's disease and Huntington's disease research in Saint John, as well as Moosehead Breweries for its sponsorship and the participants in the event; commented on World Chess Festival activities in the City; and concurred with Councillor Knibb's suggestion to forward a letter of congratulations to Mr. Rorri Currie whose February 6 success in the Canadian Junior cross- country running trials in Victoria, B.C., means that he will compete in the world championship event in New Zealand in March. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the item regarding Local 486 contract negotiations, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor noted that Council members received in their Council kits a pamphlet on the City's Department of Economic Development and, at her request, Mr. Brown highlighted the pamphlet, its purpose being to provide information to interested persons with regard to the services offered by the said Department. The Mayor advised that Marcia Koven and Harold Wright are recipients of the American Association For State and Local History Awards. . The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone five lots located at 32 Leinster Street, 40 Leinster Street, 43 Carmarthen Street, 56-58 Sydney Street and 60-62 Sydney Street (L.R.I.S. Numbers 9076, 9084, 10322, 10439 and 10421, respectively), from "RM-l" Three- Storey Multiple Residential to "IL-2" Major Institutional classif.ication, to permit expansion of St. Malachy's High School, as requested by The Roman Catholic Bishop of Saint John, and that no written objections were received in this regard. 'I ~ " Consideration was given to a letter from the Planning Advisory Committee recommending that the property at43 Carmarthen Street, 32-40 Leinster Street, 56-58 and 60-62 Sydney Street be re-zoned from "RI'1-1" Three-Storey MUltiple Residential to "IL-2" Major Institutional classification. l~ Mr. Raymond Glennie, solicitor for the applicant, appeared in support of the proposed amendment and noted that the proposal is to add a new gymnasium and to convert the existing gymnasium into two floors of topical and instructional centres, such as science laboratories, and that the addition and renovations to the existing facility are not designed or intended for an increased student population, but rather to bring the facility in line with existing standards of the Department of Education. Mr. Glennie requested Council's support of the proposed re-zoning. . ~ ,.... .6;4;.3 With regard to concerns expressed in a letter to the Planning Department from C. Suzanne Ball, solicitor for the owner and residents of 189 Princess Street (a copy of which was submitted with the above letter from the Planning Advisory Committee), respecting the effect the proposal would have on accessibility for oil delivery and fire fighting equipment to 189 Princess Street, Mr. Glennie expressed the understanding that the Fire Department has indicated that there is no requirement for it to have access two ways to any property for fire fighting purposes; and Councillor Davis, a member of the Planning Advisory Committee, noted that there are numerous examples in the City where oil deliveries are made by extending the hose through the building. . I Mr. Glennie noted the presence in the Council Chamber of Mr. Brian McCarthy, Principal of St. Malachy's School, and Mr. J. Comeau, Architect, and Mr. McCarthy advised that the School's oil is delivered from Sydney Street and Mr. Glennie noted that, from a legal point of view, the School could refuse an oil truck from using its property to make deliveries to 189 Princess Street. On motion of Councillor A. Vincent I Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning five lots located at 32 Leinster Street, 40 Leinster Street, 43 Carmarthen Street, 56-58 Sydney Street and 60-62 Sydney Street (L.R.I.S. Numbers 9076, 9084, 10322, 10439 and 10421, respectively), from "RM-l" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. . On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning five lots located at 32 Leinster Street, 40 Leinster Street, 43 Carmarthen Street, 56-58 Sydney Street and 60-62 Sydney Street (L.R.I.S. Numbers 9076, 9084, 10322, 10439 and 10421, respectively), from "RM-l" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. -1- .......,....-'--,...- On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. - Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager advising that the submitted changes to the proposed Collective Agreement with Saint John City Hall Employees' Local Union No. 486, C.L.C., for the period 1988-89-90 have been ratified by the Union, and recommending that the Mayor and Common Clerk be authorized to execute the said Agreement. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the Collective Agreement with Saint John City Hall Employees' Local Union No. 486, C.L.C., for the period 1988-89-90, incorporating the agreed changes as submitted hereto, subject to the approval of the City Solicitor as to legality and form. During discussion it was noted that the salary increases for the three-year period are 4.25%, 4.25% and 4.5% for 1988, 1989 and 1990, respectively, and that 2 positions will be removed from the bargaining unit, and Councillor MacDougall expressed the opinion that, in view of the cost of long-term service pay and on the basis that the purpose of such pay was to bring City staff salaries up to a higher level as they ere at one time underpaid, the practice of remunerating employees on this basis should be eliminated, if possible, during the next contract negotiations or, if elimination is not possible,. to institute that all new employees would not receive long-term service ay. :1 J- Question being taken, the motion was carried. On motion of Councillor MacDougall Seconded by Councillor Vaughan RESOLVED that the issue of long-term service ay be one of the City's priorities during the next contract negotiations with Local nion No. 486. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City anager, authority be granted for payment of the following construction progress ertificates, namely:- ..... 644 1. Contract 86-5 Charlotte Street West Paul & Bruce Martin Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum, recommended for payment, Progress Estimate Number 5, dated February 2, 1988 Final holdback release 2. Contract 87-4 Concrete Work 1987 - Contract Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated February 2, 1988 Final holdback release $234,810.00 . 222,146.24 Nil 220,246.24 $ 1,900.00 1 $416,269.00 -I 397,408.49 Nil 337,797.22 $ 59,611. 27 Question being taken, the motion was carried. On motion of Councillor Schemer horn I Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the bid of Phoenix Fire Apparatus, in the amount of $45,000.00, be accepted for repairs to vehicle number 44, a 1978 Thibault 100-foot aerial truck. Question being taken, the 'motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Acting City Manager, the following tenders be accepted for the supply of traffic paint and glass beads:- Laurentide Chemicals - item 1 @ $1.83 litre at a total cost of $12,755.10, item 2 @ $2.05 litre at a total cost of $2,050.00, item 3 @ $1.76 litre at a total cost of $1,443.20 and item 4 @ $1.98 litre at a total cost of $6,732.00; and M.I.T. Sales Co. Ltd. - item 5 @ $1,082.00 tonne at a total.cost of $7,574.00, as indicated on the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that in accordance with the recommendation of the Acting City Manager and Fire Chief, the newly-elected officers for 1988 of the Saint John Salvage Corps and Fire Police be confirmed as indicated in the submitted letter from Mr. Harold Peddle, Secretary of the Corps. Her Worship the Mayor asked the Acting City Manager to review with the Fire Chief the possibility that one of the City's older vans could be donated to the Corps and submit a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Acting City Manager regarding a proposed Traffic By-Law amendment to permit a 30-minute parking limit on the west side of Smythe Street in front of the Harbourside Apartments, to prohibit "overnight parking" in the same area and to schedule "no parking anytime" on the balance of Smythe Street (which was given first and second readings on December 1, 1986 and subsequently tabled on December 8, 1986 in order to thoroughly review the implications of the proposed By-Law amendment; explaining that this matter was reviewed but has been delayed in getting back to Council for third reading; and recommending that Council proceed with third reading of the proposed amendment -- be received and filed: I' AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", with regard to parking on Smythe Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 1 The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973", was read in its entirety. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of John and Mary Brennan and Jean-Claude and Colleen Vautour for a Municipal Plan amendment._and re- zoning of property at 188 Latimer Lake Road; outlining the processing of the said application commencing on July 20, 1987 at which time Council referred same to the Planning Advisory Committee . ~ ,..... 545 I for a report and recommendation and authorized the advertising for the August 31, 1987 public hearing,to February 1, 1988 at which time Council tabled the application and requested further input concerning the servicing of the proposed development; advising that, based on a February 2, 1988 meeting of Planning staff and officials of the Departments of Health and Environment, the Health Department's original assessment remains unchanged and that, based on visual inspection of the property and test holes, the upgrading, fill, etc. of lots 3 to 9 inclusive will be required prior to the issuing of building permits; explaining that re-zoning at this point in time would not allow development to begin but would merely clear the way for the applicant to carry out measures to meet Health Department requirements and that no subdivision or building will occur if this cannot be met; also advising that, at the request of Council, a suitable date is now being arranged for the Health Department to explain the septic tank approval process; and recommending that Common Council (a) remove the Stage 3 designation on Schedule 9-A of the Municipal Development Plan with respect to a parcel of land containing approximately 27 acres with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, and having civic number 188 Latimer Lake Road and L.R.I.S. Number 334516 as shown on the submitted sketch; and (b) re-zone the same parcel of land from "RS-2M"'and "RF" to "RR" Rural Residential classification. . On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by removing from Schedule 9-A the Stage 3 designation with respect to a parcel of land containing approximately 27 acres at 188 Latimer Lake Road (L.R.I.S. Number 334516), with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, be read a first time. . Discussion ensued regarding .:the possibility of attaching to the proposed re- zoning a Section 39 condition that, iri--accordance with the Department of Health's recommendation as stated in the above report from the Acting City Manager, (1) building permits not be issued until upgrading necessary prior to installations of on-site services has been completed and (2) on-site application forms for installation of private sewage disposal systems has been filed and approved for each lot where a building permit is requested, and Mr. Bedford noted that the subdivision must be approved by Council in any event and will cover such concern. Law". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- "nay". Question being taken, the motion was carried with Deputy Mayor Gould voting On motion of Councillor Knibb --1- Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by removing from Schedule 9-A the Stage 3 designation with respect to a parcel of land containing approximately 27 acres at 188 Latimer Lake Road (L.R.I.S. Number 334516), with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, be read a second time. By-Law" . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan Question being taken, the motion was carried.. On motion of Councillor Knibb . Seconded by Councillor MacDougall RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 27 acres at 188 Latimer Lake Road (L.R.I.S. Number 334516), with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, from "RS-2M" and "RF" to "RR" Rural Residential classification, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint -I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan ~I- ~ RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 27 acres at 188 Latimer Lake Road (L.R.I.S. Number 334516), with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor A. Vincent RESOLVED that the subdivision plan for the Brennan/Vautour development, when submitted to Council for approval, contain the two above-stated conditions as recommended by the Department of Health and Community Services. Question being taken, the motion was carried. ~ ..., 546 Consideration was given to a letter from the Acting City Manager (which was tabled at Council's last meeting) regarding the Old Carvell pit at 1849 Manawagonish Road. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Acting City Manager, a performance bond in the amount of $78,000.00, as required by the Provincial Planning Appeal Board, be accepted as security with respect to the application of Maritime Construction Ltd. for an excavation permit for the Old Carvell pit at 1849 Manawagonish Road, pursuant to Section 880 of the Zoning By-Law, subject to approval by the City Solicitor as to legality and form. 'I Mr. Rodgers explained that adding that the above bond be approved by the City Solicitor as to legality and form covers the conditions included in his letter to Council in Legal Session on February 1, 1988, and Mr. Johnson explained the nature of the work currently being performed on the site and advised that the applicant has hired a local geotechnical firm to be on site and that Mr. T. Buckley from the firm has already submitted his first report to the City and will continue to do so on a bi-weekly basis. Question being taken, the motion was carried with the Mayor and Councillor Flewwelling voting "nay". I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Numidia Ltd. regarding property at 325 Lancaster Avenue 'have been completed and that the required waiting period for objections expired on February 3, 1988, with no written objections having been received. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the application of Numidia Ltd. for a Municipal Plan amendment and re-zoning of property at 325 Lancaster Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on'March 14, 1988. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) '1--' ;..-~ To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on February 1, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by The Saint John Non-Profit Housing Inc., Council approve that the Company's mandate be amended to the following: (1) To develop, construct, maintain and operate housing for low and moderate income seniors, families and special groups without hindering or competing with the private sector. . (2) To maintain continued liaison with other community-based housing groups involved with housing in order to exchange information and provide support wherever possible. (3) To maintain liaison with the senior levels of government to ensure appropriate funding levels are obtained by the City of Saint John and projects are properly located. -I~ (4) To develop and implement a social housing policy for the City and, in part, to utilize this policy to influence the policy positions of the senior levels of government. (5) To maintain contact with the private housing market, through market monitoring and other means and to intervene in a fashion which may be deemed appropriate. 2. That Council approve the submitted 1988 Operating Budget of The Saint John Non-Profit Housing Inc., in the amount of $35,500.00. I, ~. 3. That as recommended by the Acting City Manager, the proposal of NB Tel be accepted for a computerized supervisory control and data acquisition system, and that a purchase order in .the amount of $546,720.83 be issued to NB Tel and charged to the 1988 capital program for the Water and Sewerage Utility. February 8, 1988, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . ~ "... ~47 ,On motion of Councillor Schermerhorn adopted. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I adopted. Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be Question being taken, the motion was carried. On motion of Councillor Schermerhorn adopted. Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be I -" With regard to the letter from Digital Products Limited concerning its proposal for the system, Mr. Armstrong confirmed that such proposal was considered by the City and noted that this Company's proposal was approximately $245,000.00 higher than the NB Tel proposaL Question being taken, the motion was carried. . - " ~ ,On motion of Councillor ,Sche~merhorn . Seconded by Councillor,Knibb RESOLVED that the letter from Digital Products Limited regarding the call for proposals for a supervisory control and data acquisition system for the water and sewerage utility; expressing the opinion that the process leading to staff's recommendation to Council did not allow Digital Products Limited an opportunity to be fully evaluated for the project being proposed; and concluding that, if the stated issues are felt to be worthy of further consideration, Digital Products Limited would be pleased to present its proposal to the City Water and Sewerage Department be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn -1- Seconded by Councillor Knibb RESOLVED that the letter from Mr. Brian W. Mosher advising that he is resigning as a Commissioner of The Power Commission of the City of Saint John, effective February 15, 1988, be accepted with regret and that Mr. Mosher be thanked for his service to the City. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the application of Mr. William T. Roberts for the re-zoning of property at 11 St. Ann Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 14, 1988. Question being taken, the motion was carried. Consideration was given to letters from Barry & O'Neil, solicitors for LSO Enterprises Limited, dated January 28 and February 4, 1988, expressing the understanding that the revised proposal for the former Zellers building at 75 King Street has satisfied the concerns of a number of people who objected to the original proposal for this site; and requesting an opportunity to appear before Council to explain the revised concept as indicated in the submitted plans. I Councillor Davis advised that, with regard to a proposed Zoning By-Law text amendment concerning taverns and cabarets in the City's central business district (which was tabled at the public hearing on January 18, 1988 pending a response from the Minister of Municipal Affairs with regard to whether or not Councillor Davis has a conflict of interest in this regard), the Minister of Municipal Affairs will not rule on the matter of his possible conflict of interest; therefore, he will not take part in discussion 'of this matter. rl, ~ (Councillor Davis withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Barry & O'Neil, solicitor for LSO Enterprises Limited, submitting revised plans for the building at 75 King Street, be referred to the Acting City Manager for analysis and a report to Council. . The presence in the Council Chamber of Mr. T. O'Neil of the law firm of Barry & O'Neil was noted, and Mr. Rodgers explained that, in view of Councillor Davis having had a response from the Minister of Municipal Affairs, Council is now in a position to consider the proposed Zoning By-Law amendment should Council wish to add it to the agenda, and that, in any event, staff has an obligation to place the proposed Zoning By- Law amendment on the next agenda of Council for consideration. ~ -., .548 Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Brian Beckingham of Wiezel Bros. Ltd. referring to his appearance before Council on January 18, 1988 to express his views on taverns/cabarets in the central core of the City; expressing the opinion that a proposed tavern/cabaret located at 73-75 King Street would be a step backward, would create many problems, and would certainly encumber further development in this area in the future; and submitting a, copy of a letter which was forwarded to the Liquor Licensing Board concerning the proposal for the building at 73-75 King Street -- be received and filed. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be I adjourned. Question being taken, the motion was carried. ~i1/(J;/47?r . I . 10 /. . ~ ,.... 64S . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of February, A.D. 1988, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. N. Barfoot, Acting City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City SOlicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commis- sioner of Environment and Infrastructure Services; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; B. Sheridan, Acting Director of Parks; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Adam, Data Processing Manager; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Father David Bona of Assumption Parish offered the opening prayer. On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on February 8, 1988, be approved. Question being taken, the motion was carried. Her Worship the Mayor commented on activities scheduled for St. Patrick's Week in the City which commences March 11; read a letter of commendation regarding World Chess Festival; and, referring to a newspaper article in the February 13 edition of The Telegraph-Journal with regard to Bishop J. E. Troy's stand.on the recent Supreme,Court ruling on abortion, asked Council if, in view of the Bishop's request for letters in support of his stand for a law to shield the unborn to be forwarded to the local Member of Parliament, wishes to deal with this matter on an individual basis or collectively as a Council. I On motion of Councillor Flewwelling collectively by Council. Seconded by Councillor MacDougall RESOLVED that the above matter be considered Her Worship the Mayor asked if Council wishes to adopt a motion in support of the Bishop's position to uphold the right to life and forward a letter in this regard to the Prime Minister and the local Member of Parliament. It was suggested that, in order to provide an opportunity to read the subject article as well as the Bishop's open letter to The Telegraph-Journal on February 12, this matter should be tabled for one week, and the Mayor advised that she would include in the Council kits for the next meeting a copy of the subject newspaper articles. On motion of Councillor Rogers . the table for one week. Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on Question being taken, the tabling motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land on Loch Lomond Road (L.R.I.S. Number 55037923), having an area of 9430 square meters and located to the rear of the exising Hal's development, from Low Density Residential to District Centre Commercial classification and (b) re-zoning the same parcel of land from "RS-2" One- and Two-Family Suburban Residential and the existing Hal's development located at 1233 Loch Lomond Road (L.R.loS. Number 312769), from "B-2" General Business to "sc" Shopping Centre classification, to permit the expansion of the existing development, as requested by 146381 Canada Inc. doing business as Multi-Mac HOldings, and that no written objections were received in this regard. ,I, Consideration was given to a letter from the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Development Plan be amended by redesignating a portion of L.R.I.S. Number 55037923, being that portion of the lot to the rear of the existing Hal's development, from Low Density Residential to District Centre Commercial classification and (b) the same portion of that parcel of land be re-zoned from "RS-2" One- and Two-Family Suburban Residential, and the existing Hal's development at 1233 Loch Lomond Road (L.R.loS. Number 312769) be re-zoned from "B-2" General Business both to "SC" Shopping Centre classification on condition that, prior to third reading, an agreement pursuant to Section 39 of the Community Planning Act be negotiated to include that: (a) the applicant connect the development to the sanitary sewerage system of the City, (b) the developer undertake modifications to the travelled portion of the Loch Lomond Road to provide for a separate left-hand turning lane, (c) a revised site plan be submitted which shall show the location of the building, parking, driveway access points and landscaping in a manner acceptable to the Director of Planning, . ~ " 550 (d) security be received to ensure that the work required in (a) and (b) is completed to the satisfaction of the City, and (e) clauses pertaining to phasing, notice provisions, deadlines and other matters normally included in such agreement. Mr. Harry Colwell, solicitor for the applicant, appeared in support of the proposed amendments, and confirmed that, if first and second readings are given by Council at this meeting, it will remain for the applicant and City staff to conclude the Section 39 agreement prior to third reading. . Her Worship the Mayor asked if the applicant would agree with a Section 39 condition restricting Sunday operation to which Mr. Colwell replied that he will so advise prior to third reading. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a portion of L.R.I.S. Number 55037923, being that portion of the lot to the rear of the existing Hal's development on Loch Lomond Road, from Low Density Residential to District Centre Commercial classification, be read a first time. I Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a portion of L.R.I.S. Number 55037923, being that portion of the lot to the rear 9fs_ the existing Hal's development on Loch Lomond Road, from Low Density Residential to District Centre Commercial classification, be read a second time. . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". Question being taken, the motion was carried. I --- On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning a portion of L.R.LS. Number 55037923, being that portion of the lot to the rear of the existing Hal's development, from "RS-2" One- and Two-Family SUburban Residential classification, and re-zoning the existing Hal's development at 1233 Loch Lomond Road (L.R.I.S. Number 312769), from "B-2" General Business classification, to "SC" Shopping Centre classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning a portion of L.R.I.S. Number 55037923, being that portion of the lot to the rear of the existing Hal's development, from "RS-2" One- and Two-Family Suburban Residential, and re-zoning the existing Hal's development at 1233 Loch Lomond Road (L.R.I.S. Number 312769), from "B-2" General Business classification, to "SC" Shopping Centre classification, on condition that prior to third reading an agreement pursuant to Section 39 of the Community Planning Act be negotiated as recommended by the Planning Advisory Committee including an opening schedule acceptable to Council, be read a second time. I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. . ~ r-- tiol -- ~ ~- ^,~- -'~ 'iF'. . The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 110 Metcalfe Street (L.R.LS. Number 55051361), containing 302 square meters (3256 square feet), from :'B-l" Local Business to "RM-l" Three-Storey Multiple Residential classification, to permlt redevelopment of this parcel in conjunction with adjacent properties fo~ reside~tia~ use, as requested by Saint John Non-Profit Housing Inc., and that no wrltten Ob]ectlons were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that a parcel of land containing 302 square meters (3256 square feet) located at 110 Metcalfe Street (L.R.LS. Number 55051361), be re-zoned from "B-1" Local Business to "RM-l" Three-Storey Multiple Residential classification. I Mr. W. Todd, General Manager of Saint John Non-Profit Housing Inc., was present in support of the proposed amendment, and offered to answer any queries with respect to same. On motion of Councillor Schermerhorn I Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 110 Metcalfe Street (L.R.I.S.Number 55051361), containing 302 square meters (3256 square feet'), from "B-1" Local Business to "RM-l" Three-Storey Multiple Residential classification, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 110 Metcalfe Street (L.R.I.S. Number 55051361), containing 302 square meters (3256 square feet), from "B-1" Local Business to "RM-l" Three-Storey Multiple Residential classification, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. ) On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re~zone a 2,787 square meter (30,000 square foot) parcel of land located at 135 McAllister Drive (part of L.R.I.S. Number 307397), from "P" Park to "B-2" General Business classification, to permit the conversion of the existing single-family residential building to a professional office, as requested by The Exhibition Association of the City and County of Saint John, and that no written objections were received in this regard. No person was present with respect to the proposed amendment. I Consideration was given to a letter from the Planning Advisory Committee recommending that (1) a 2,787 square meter (30,000 square foot) parcel of land located at 135 McAllister Drive (part of L.R.LS. Number 307397), be re-zoned from "P" Park to "B-2" General Business classification and (2) by resolution, pursuant to Section 39 of the Community Planning Act, the re-zoning be subject to the following: (a) the use of this property be restricted to providing office space for not more than two medical practitioners, (b) the property be developed in accordance with the applicant's proposal as approved by the Planning Department and (c) all work necessary to complete the site be finished before September 1, 1988. On motion of Councillor Schermerhorn J Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a 2,787 square meter (30,000 square foot) parcel of land located at 135 McAllister Drive (part of L.R.I.S. Number 307397), from "P" Park to "B-2" General Business classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning a 2,787 square meter (30,000 square foot) parcel of land located at 135 McAllister Drive (part of L.R.I.S. Number 307397), from "P" Park to "B-2" General Business classification, sUbject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. l ~ 562 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to delete subsection (7) of Section 880 and insert a new subsection (7) to read as follows:- (7) "an excavation permit is valid until the 31st day of December of the year in which it was issued and the fee for such permit will be $200. in 1988, $350. in 1989 and $500. thereafter", to increase the fee for an excavation permit, and that no written objections were received in this regard. No person was present with regard to the proposed amendment. , Consideration was given to a letter from the Planning Advisory Committee recommending that the Zoning By-Law be amended by the deletion of subsection (7) of Section 880 and the insertion of a new subsection (7) to read as follows: (7) "an excavation permit is valid until the 31st day of December of the year in which it was issued and the fee for such permit will be $200. in 1988, $350. in 1989 and $500. thereafter". It was noted that first reading of the proposed amendment was given January 11, 1988. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOVLED that the by-law to amend the Zoning By-Law of the City of Saint John, by deleting subsection (7) of Section 880 and inserting a new subsection (7), be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I: '"!-" Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-128 A Law To Amend The Zoning By-Law Of The City Of Saint John", by deleting subsection (7) of Section 880 and inserting a new subsection (7) to read as follows: (7) "an excavation permit is valid until the 31st day of December of the year in which it was issued and the fee for such permit will be $200. in 1988, $350. in 1989 and $500. thereafter", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-128 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. . On. motion of .Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. I - Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 357 Dufferin Row (L.R.I.S. Number 394726), containing 2531 square meters (27,244 square feet) with a frontage of 39.38 meters (129 feet), from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the property from "R-2" One- and Two-Family Residential to "B-2" General Business classification, so that the existing building and site may be used for a funeral home and . related parking, as requested by Dufferin Funeral Services, c/o Mr. James MacGillivray. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following progress certificate, namely:- 1. Contract 87-9, Concrete Work 1987 - Contract 11 Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated February 4, 1988 Partial holdback release . $287,811. 00 284,711. 40 2,550.00 224,032.22 $ 58,129.18 ...... "... lj~3 Question being taken, the motion was carried. . On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the report from the Acting City Manager advising that, further to the report to Council on November 23, 1987 respecting the petition submitted to Council on October 5, 1987 from workers at Kanes Corner::with regard to the blowing of train whistles at the Thorne Avenue level crossing, staff has received correspondence from the Regional Director of the Canadian Transport Commission explaining the procedure to be followed by a municipality when application is made for approval of an anti-whistling by-law; also advising that written and verbal comments from the Canadian Transport Commission and the Province of New Brunswick Department of Transportation indicate that this may not be the appropriate time to seek the removal of a safety device at the level crossing on Thorne Avenue on the basis that increased traffic volumes generated in the spring by the Superstore must be considered and there is also some indication that the City may assume full or partial legal liability before the courts as the party which initiated the removal of a safety device; expressing concern that, if the blowing of train whistles is stopped at this crossing, there may be a demand for the same action at other crossings in the City, some of which are not as well equipped with protective devices, and also there is the fear that, if only one crossing is silenced, there is a lack of uniformity at crossings in the City which could be potentially hazardous; stating that, under the circumstances, staff advises Council not to proceed with the anti-whistling by-law and, although immediate relief cannot be given to the petitioners who are inconvenienced by the blowing of train whistles, the long-range plan for a railway overpass on Thorne Avenue will provide the final solution without compromising safety in the short term; and recommending that discussions be initiated with the appropriate authorities regarding the long-range plan for a railway overpass on Thorne Avenue be received and filed and the recommendation adopted with a copy of the report to be forwarded to the petitioners. I . Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~I Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager advising that, in order to groom cross country ski trails in Rockwood Park (which was questioned at Council's meeting of January 25, 1988), the equipment required to perform such a service would cost approximately $17,000.00, the existing trails would have to be widened and staff would be required for grooming activities; also advising that, based on feedback from users who access the existing trails through the golf course, the indications and comments of skiers appear to be that, while some users might prefer trackset trails, very few are dissatisfied with ungroomed trails; stating that a conflict currently exists between traditional-style skiing and skate skiing and, should tracksetting be undertaken, some trails would require widening to accommodate both, and recommending that a survey of users be undertaken to determine the importance of this issue to our local skiers -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender of Saunders Equipment Ltd., for the supply of sweeper brooms, be accepted at the prices as indicated in the submitted bid summary. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender of Phoenix Fire Apparatus Inc., in the amount of $422,730.00, plus Provincial tax, be accepted for supplying two only 1050 Imperial Gallon Pumper Units. I Question being taken, the motion was carried. On motion of Councillor Knibb I '- Seconded by Councillor A. Vincent RESOLVED that as recommended by the cting City Manager, the tender of James E. Lawton Co. Ltd. for supplying plumbing aintenance, and the tender of Golden Torch Electric Co. for providing electrical service, both of which are for a period of one year, be accepted at the prices as indicated in the submitted bid summary. . During discussion Mr. Hanlon explained that, in evaluating the tenders, ssumptions were made that the material component of the tender would probably be in he area of 50% of the labour cost and also that electricians use apprentices probably 75% of the time while plumbers use apprentices considerably less or about 50% of the ime, and that these percentages were applied to the tenders submitted leading to the bove recommendation; the suggestion was made that it may have been more in order to irst negotiate the labour cost and subsequently the material cost or, rather than ase the material cost on 50% of the labour cost, to assess the cost of material by omparing two years of purchase; Councillor M. Vincent stated his intent to propose a abling motion on the basis that it is his understanding that on the plumbing maintenance ender there has been an administrative error on one contractor's submission in terms f what is shown in the above report; Mr. Hanlon explained what was requested in the ender documents; Mr. Todd advised, in response to a query as to how the proposed osts based on the above recommendation of $23,870.00 for plumbing and $18,232.50 for ~ 604 ~J... electrical compare with the costs in 1987, it is difficult to equate the 1987 costs because the amount is divided among a number of budgets but, based on the fact that the City has been paying as much as $32.00 for some electricians with the mark-ups being between 15% and 25%, the City will be paying a fixed amount and will know the amount to be paid per hour and the percentage mark-up; the observation was made that the higher-waged contractors are being penalized by the assumption that such contractors are also going to have a proportionately higher material cost when, in fact, all might have the same material cost; and, with respect to a query as to whether or not the City considered purchasing its own material, Mr. Hanlon replied that this matter was discussed along with the possibility of hiring the City's own electricians and plumbers, however, in view of the cost of materials, inventories, vehicles, etc., it would not be financially feasible. . On motion of Councillor M. Vincent I Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week for further discussion. Question being taken, the tabling motion was carried with .,the Mayor and Councillors Davis and Knibb voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Acting City Manager advising that, with regard to Common Council resolution of January 11, 1988 awarding the tender to demolish 146 Mecklenburg Street to Paul's Trucking and Demolition Ltd. at a lump sum price of $4,660.00, tenderers bidding on this contract were advised by staff that the former sewage lagoon site on Old Black River Road was available for the disposal of debris and, as this advice was in error as a permit has not yet been issued for the use of this site as a dump, Paul's Trucking and Demolition was required to haul material to Spruce Lake dump site which is an additional 19 kilometres: ~and incurred an extra cost of $1,600.00 which has been verified and approved; and recommending that the amended contract of $6,260.00 be approved -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. The Mayor requested that the Nominating Committee report (which was considered in Committee of the Whole earlier this date), and a report from the Acting .City Manager submitting sign and awning guidelines for the Trinity Royal Preservation Area (a copy of which was forwarded to Council members as an information item), be added to the agenda for consideration at this meeting. On motion of Councillor Knibb I: Seconded by Councillor Gould RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Acting City Manager, three laser printers be purchased from Decision Data at a cost of $9,280.00 each. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Nominating Committee, Council approve the following appointments:- (1) That Messrs. William Nase, Ralph Poley and George O'Brien be appointed to the Power Commission for a three-year term effective February 15, 1988. I (2) That Mrs. Erminie Cohen, Messrs'..:cHenry. Meinhardt, Mr. Lawrence M. Machum and Murray zides be re-appointed to the Board of Commissioners of the saint John Free Public Library, for a three- year term effective January 1, 1988. (3) That Mr. Stephen Bedford be appointed to the Board of Directors of the Saint John Central Business Development Corporation for a term to expire June 30, 1989, replacing Mrs. Eleanor Sheehan who has resigned. I (4) That the following persons be appointed to the Recreation and Parks Advisory Board for a term to expire December 31, 1989: Messrs. Arthur Pottle, George Stears, Joseph Flynn, Bernard Lunney, Dr. Louis Simon, Messrs. Tom Mantle, Robert Capson, Mrs. Tensie Kierstead, Mr. Stan B. MacMillan, Councillor Albert Vincent (liaison) and Councillor Marlene Vaughan (liaison). . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". ~ "... oo.tj On motion of Councillor Knibb . Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager ,subrili tting".a'copy of the proposed sign and awning guidelines for the Trinity Royal Preservation Area, advising that a meeting is being held for members of the business community and the sign and awning makers to discuss the objectives of the guidelines and that members of Common Council are invited to attend the meeting and contribute to the discussion -- be received and filed. I Mr. Bedford noted that, over the past twelve months, Bradbury Architects has been working with City staff to prepare the above guildelines for presentation to and input from the business community, such guidelines seeking to re-establish the vigorous, bold and plentiful signage which once existed in Victorian Trinity Royal and that, if the community is supportive of the guidelines, there will be great change in the area with a very different visual impression created in Trinity Royal in relationship to the downtown as a whole. Question being taken, the motion was carried. I Read a letter from the City Solicitor submitting a proposed By-Law amendment with regard to signs on poles in the City of Saint John, which was given first and second reading on February 1, 1988. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By- Law To Amend A Law Prohibiting The Placing Of Signs On Poles In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A By-Law To Amend A Law Prohibiting The Placing Of Signs On Poles In The City Of Saint John", was read in its entirety. Question being taken, the motion. was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law. NUI!1ber C.P. 100-126 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning five lots at 32 Leinster Street, 40 Leinster Street, 43 Carmarthen Street, 56-58 Sydney Street and 60-62 Sydney Street (L.R.I.S. Numbers 9076, 9084, 10322, 10439 and 10421, respectively), from "RM-l" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. J- The by-law entitled, "By-Law Number C.P. 100-126 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. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by removing the Stage 3 designation from Schedule 9-A with respect to a parcel of land at 188 Latimer Lake Road (L.R.I.S. Number 334516), containing approximately 27 acres with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb ,- ~ Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-127 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 188 Latimer Lake Road (L.R.I.S. Number 334516), containing approximately 27 acres with a frontage of approximately 550 feet on the southern side of Latimer Lake Road, east of the Hickey Road intersection, from "RS- 2M" One- and Two-Family and Mobile Home Suburban Residential and "RF" Rural to "RR" Rural Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I ~ The by-law entitled, "By-Law Number C.P. 100-127 A Law To Amend The Zoning By- Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Davis withdrew from the_meeting.) . Consideration was given to a proposed Zoning By-Law amendment with regard to (a) deleting from Section 540 (l) (a) "tavern or cabaret" and inserting the words "subject to subsection (3) (e), a tavern or cabaret", and (b) adding a new clause (e) at the end of Section 540(3) to read as follows: "(e) a tavern or cabaret shall not be located in buildings on King Street; those portions of Prince William Street and Germain Street between King and Princess Streets; or that portion of Charlotte Street between Union and Princess Streets save and except hotels and at the fOllowing locations: 2 Charlotte Street, l23 Germain Street, 72 Prince William Street", which was tabled at the public hearing of January 18, 1988, with no readings having been given. ...... ~ 5:)6 Consideration was also given to a letter from Pastor James A. Cowan of Main Street Baptist Church encouraging Common Council to pass the proposed re-zoning regulations regarding c~rtain up~own streets, including King Street, on the basis that the Clty of Salnt Jo~n has an adequate number of licensed premises at the momen~ and th~re lS no need, of another establishment of this nature anywhere In the Clty, but especlally in the uptown area. On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the proposed amendment to Section 540 of the Zoning By-Law not be adopted. Councillor MacDougall expressed the opinion that, although he is convinced that 99% of the public is opposed to having a tavern or cabaret at 75 King Street, Council is creating, by virtue of a proposed By-Law amendment which is retroactive, an injustice to an individual who would be caused an expense and who had the right to go before the Planning Advisory Committee for a parking variance only with respect to the King Street proposal which the Committee considered reasonable, and stated that he therefore would not vote on the matter. 'I I (Councillor MacDougall withdrew from the Council Chamber). During ensuing discussion, Councillor Knibb stated that he proposed the above motion as he feels the proposed by-law is restrictive and will create a negative impression to business interests wishing to locate in Saint John; Councillor M. vincent stated that he will support the motion as he is opposed to the principle of a by-law being proposed during the processing of an application for a variance to the Planning Advisory Committee, which was done in this case, and noted that the matter of a liquor license for premises at 75 King Street is a matter regulated by the Provincial Liquor Licensing Board; Councillor Vaughan stated she is opposed to a beverage room being' located on King Street although she would be in favour of a restaurant at that location, and noted that if the proposed by-law is enacted, a person could apply for a re-zoning and that she could support a submission on the basis of an individual application; Councillor Rogers questioned if the changes proposed at the last meeting by LSO Enterprises for use of the building at 75 King Street are sufficient change in the application and also questioned whether anyone else considering locating a liquor establishment in the area would have to go through a similar procedure; Mr. Bedford clarified that, should Council adopt the proposed Zoning By-Law amendment, the proposal submitted to Council at its last meeting from the solicitor for LSO Enterprises Limited respecting 75 King Street would have to be submitted in the form of a Zoning By-Law amendment application and, should the above motion be adopted, the opportunity is available for LSO Enterprises Limited to continue with the variance procedure through the Planning Advisory Committee which initiated this whole process thereby leaving the decision of a parking variance with the Committee, and confirmed that if the by-law is approved, any tavern or cabaret to be permitted on the streets set out in the by-law would require a specific by-law amendment to be approved. ~ , . 1- ~ Question being taken, the tabling motion was lost with the Mayor and Councillors Flewwelling, Gould, Rogers, Schermerhorn and Vaughan voting IInay". On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (a) deleting from Section 540(1) (a) "tavern or cabaret" and inserting the words "subject to subsection (3) (e), a tavern or cabaret", and (b) adding a new clause (e) at the end of Section 540(3) to read as follows: "(e) a tavern or cabaret shall not be located in buildings on King Street; those portions of Prince william Street and Germain Street between King and Princess Streets; or that portion of Charlotte Street between Union and Princess Streets save and except hotels and at the following locations'- 2 Charlotte Street, 123 Germain Street, 72 Prince William Street", be read a first time. I - Deputy Mayor Gould stated he supports the above amendment as he believes there are some businesses which are not compatible to King Street. Councillor A.Vincent stated he would be voting against the amendment as it was proposed by staff after they had been dealing with one individual application for some months. Councillor Flewwelling spoke in favour of the proposed amendment. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. , Question being taken, the motion was carried with Councillors Knibb, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by deleting from Section 540(1) (a) "tavern or cabaret" and inserting the words "subject to subsection (3) (e), a tavern or cabaret", and (b) adding a new clause (e) . ~ "... 557 at the end of Section 540(3) to read as follows: "(e) a tavern or cabaret shall not be. located in buildings on King Street; those portions of Prince william Street and Germaln Street between King and Princess Streets; or that portion of Charlotte Street between Union and Princess Streets save and except hotels and at the following locations: 2. Charlotte Street, 123 Germain Street, 72 Prince William Street", be read a second tlme. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . "nayll. Question being taken, the motion was carried with Councillor Knibb voting I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee and the letter from Main Street Baptist Church, regarding the proposed Zoning By-Law amendment with respect to taverns and cabarets in the central business district, be received and filed. Question being taken, the motion was carried. I (Councillors Davis and MacDougall re-entered the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on February 1, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That the Mayor and Common Clerk be authorized to execute the submitted agreement with The Market Square Corporation and the Federal Minister of the Environment with regard to the cost sharing of the restoration of the Saint John City Market. February 15, 1988, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John . The Committee of the Whole reports Your Committee begs leave to report that it sat on February 8, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Mr. Glenn Carpenter be appointed to Council's Task Force for the Strategic Plan, as the representative from the Economic Development Advisory Board. I 2. That as recommended by the Acting City Manager, (1) Common Council agree to the assignment of the lease on the restaurant at 112 Prince William Street from Doug's Roast Beef Ltd. to The Heritage Cafe Ltd., a company that is to be incorporated; (2) the City lease to The Heritage Cafe Ltd. approximately 1,065 square feet plus a basement at 112 Prince William Street under the following terms and conditions:- (2.1) the lease to be for a five-year period commencing January 1, 1989; (2.2) the monthly rent will be: $570.00 in 1989, $610.00 in 1990, $650 in 1991, $690.00 in 1992, and $725.00 in 1993; (2.3) the lessee agrees to pay. a proportionate share of any increase in operating expenses over those experienced in 1988; (2.4) the lessee agrees that the new ventilating and fire protection system recommended by the Insurance Advisory Organization will be installed at his expense during 1988 and, if not so installed, the City reserves the right to cancel the lease; (2.5) the lessee will pay for all electrical power consumed on the premises; (2.6) the lessee will be responsible for painting, decorating and cleaning the premises, will replace all worn out light bulbs and will keep the public ashrooms at the rear of the restaurant provided with necessary supplies; (2.7) the lessee will comply with any reasonable directions of the lessor or of the lessor's insurers with respect to fire hazards within the control of the lessee; (2.8) staff of the lessee will be permitted to use the washroom located behind 114 Prince William treet and the lessee will be responsible for maintenance of the washroom including the rovision of necessary supplies; (2.9) the City will heat the premises; and (2.10) the ity will supply hot water from the present boiler but, if any upgrading is requested y the lessee, it will be at the lessee's expense. I . ...... ~ 568 3. That as recommended by the Acting City Manager, the City of Saint John guarantee a loan in the amount of $100,000.00 for Festival The Sea - Festivel Sur Mer, Inc. By February 15, 1988, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. ,I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. On motion of Councillor Knibb I Question being taken, the motion was carried. Seconded by Councillor Flewwelling RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding a proposed amendment to the Subdivision By-Law, which was referred to the Committee by Council on February 1, 1988, recommending that the Subdivision By-Law be amended by the deletion of paragraph (c) of Section 25.1(1) and insertion of a new paragraph (c) to read as follows: "c approved by the Development Officer pursuant to the provisions of Section 25 hereof". . On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law to amend the Subdivision By-Law,_by deleting paragraph (c) of Section 25.1(1) and inserting a new paragraph (c), be read a first time. Read a first time the by-law to amend the Subdivision By-Law. I' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law to amend the subdi:iri:sion:By~Law by deleting paragraph (c) of Section 25.1 (1) and inserting a new paragraph (c), be read a second time. Read a second time the by-law to amend the Subdivision By-Law. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Rogers RESOLVED that the petition from property owners and commercial tenants located on Princess Street, between Charlotte and Prince William Streets, requesting that funds be allocated in the 1988 budget for improvements of the sidewalks and road surface on this busy commercial thoroughfare -- be referred for consideration in the 1988 Capital Budget. Question being taken, the motion was carried. 'I ----- On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Universal Sales Limited requesting to withdraw its tender on the recent tender call for 33,000 GVW and 50,000 GVW trucks, as it made an obvious error in pricing -- be received and filed and the request be approved. I Mr. Hanlon confirmed that the above tender has not yet been X submitted submitted for Council's consideration and clarified that Universal Sales Limited reversed its tendered prices on two items in the said tender call. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Canadian Union of Postal Workers requesting Council's support in the . ~ JI"" tib~ Union's national program, Struggle '88, and to pass resolutions demanding that Canada Post Corporation and the Federal Government drop its five-year plan of privatization of "the services of the post office -- be received and filed. . Staff was requested to determine whether or not any reduction in postal service or staff is anticipated. Question being taken, the motion was carried. I Her Worship the Mayor commented on the National Heritage Day ceremony earlier this date at the City Market at which time the Federal Government committed $1 million over four years to the restoration of the City Market, and suggested that an expression of appreciation is in order to The Honourable T. McMillan, Federal Environment Minister, and The Honourable Gerald Merrithew, Federal Minister of State for Forestry and Mines, for their efforts in this regard. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John express appreciation to The Honourable Tom McMillan, Federal Minister of Environment, and The Honourable Gerald Merrithew, Federal Minister of State for Forestry and Mines, for their efforts with respect to funding for the restoration of the Saint John City Market. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeeting be adjourned. . Question being taken, the motion was carried. l:bAl W 0~~,1;NJ Common Clerk j 'I - .: . I I. . ~ ~ '. '0 ti'll At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Thursday, the eighteenth day of February, A.D. 1988, at 4:15 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Schermerhorn, Vaughan and A. Vincent - and - Messrs. N. Barfoot, Acting City Manager; F. Rodgers, City Solicitor; J. Levesque, Director of Communications and Public Relations; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I Her Worship the Mayor stated that this special meeting has been called for the purpose of considering the cancellation of the regular meeting scheduled for Monday, February 22, 1988, and the rescheduling of the public hearings set for that date to March 28, 1988, and authorizing for readvertising. I Her Worship the Mayor explained that, as Deputy Mayor Gould and Councillors Flewwelling, Schermerhorn and A. Vincent will be unavailable to attend the Council meeeting scheduled for February 22 and based on information from the City Solicitor that Council members who are not in .attendance at the public hearings for proposed Municipal Plan and Zoning By-Law amendments scheduled for that date will be unable to speak or vote on such matters during consideration of any readings of the proposed amendments, the public hearings scheduled for February 22 should be rescheduled in order to afford all Council members the opportunity to express their views. . On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the regular meeting scheduled for Monday, February 22, 1988, be cancelled. Question being taken, the motion was carried. On motion of Councillor A. vincent Seconded by Councillor Schermerhorn RESOLVED that the public hearings set for February 22, 1988, be rescheduled to March 28, 1988, and the necessary readvertising be authorized in this regard. I ---.::: ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Y2Tn~~'/nrJ . :1 'I .....".. . ~ ,...-- 56~~ . 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 February, A.D. 1988, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. N. Barfoot, Acting City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; C. Breen, Chief of Police; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; J. Levesque, Director of Communications and Public Relations; S. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; D. O'Leary, Director of Economic Development; R. Murray, General Manager of Saint John Port Development Commission; M. Hanlon, Purchasing Agent; B. Moe, Planning; C. Campbell, Planning; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. II Mr. Richard Mathieson, Lay Missionary, offered the opening prayer. . Councillor MacDougall asked for clarification on the motion in minutes of the February 15, 1988 meeting which was proposed by Councillor Knibb and seconded by Councillor M. Vincent to adopt the Planning Advisory Committee's recommendation that the proposed amendment to Section 540 of the Zoning By-Law not be adopted, in view of the indication at the end of the discussion that the tabling motion was lost. The Common Clerk clarified that the reference to a tabling motion is an error and the word "tabling" should not be included therein. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that minutes of the meeting of Common Council held on February 15, 1988, as corrected, and the minutes of the meeting of Common Council held on February.:18, 1988 be approved. Question being taken, the motion was carried. Her Worship the Mayor read a proclamation proclaiming the month of March 1938 to be National Kidney Month and urged citizens to acknowledge the work of the Kidney Foundation and to be generous in their donations. Her Worship the Mayor commended Mr. Mark Lackie, who is the second only Saint John athlete ever to capture a medal at the Olympic Winter Games having claimed a bronze medal on February 25 in demonstration short-course speed skating. On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Mark Lackie on his success in the Calgary Olympic Winter Games. Question being taken, the motion was carried. Her Worship the Mayor noted that Saint John was also represented at the Olympic Winter Games by Mr. Paul Mennier of CTV who commentated the ski jump event. J On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend congratulations to the members of the Saint John Pepsi Midget Hockey Club on their recent success in competition in Hull, Quebec. Question being taken, the motion was carried. I Professor Job Hawkes addressed Council and, in noting the efforts during the past four years to purchase and restore the former Imperial/ Capitol Theatre in anticipation of rejuvenating the building for the purpose of utilizing it for a performing arts centre, expressed concern about the lack of such a centre in a City the size of Saint John and in view of the City's desire to have a civic sportsplex despite the existence in the City of facilities such as the Canada Games Aquatic Centre which includes an Olympic-size swimming pool, a standard sports arena and a number of ice rinks, an exhibition area at Exhibition Park and a modern convention centre. Professor Hawkes suggested that the interest and support for the Bi-Capitol Project shown by the citizens of the City will be wasted unless Common Council takes up the cause of the Theatre with the senior levels of government and makes the completion of this project a number one priority again, and requested Common Council to finish the Bi-Capitol Project before embarking on another project. . ~ -56'2 ""'llll Mr. J. Lamport of the saint John City May 18th Observance committee addressed Council with regard to the Committee's development of ~ program designed to ensure a suitable observance of the City's birthday In 1988, such program to utilize the City's historic Charter as a means of ~ecognition of the City's unique position among the municipal governments In Canada and as a means of paying tribute to those citizens who should have a form of recognition for voluntary services each year. Mr. Lamport noted that the Charter provides that the Common Council may appoint a number of officials or officers and, although these positions are now mostly historic, they were initially integrated into the operations of the city, and advised that the Committee has selected ten offices which are considered suitable for recognition. Mr. Lamport asked for Council's approval in principle to the concept of the Committee recommending to Council each year the names of City residents for appointment to the Ancient Charter Offices as authorized by the Royal Charter with the appoint- ments to be considered as honourary positions to be held for a one-year period and to be a recognition of the appointees' standing,as citizen~ ~nd for their contribution to the welfare or betterment of thelr fellow cltlzens, and proposed that there would be a special meeting of Common Council ~n May 18 at which time such persons would be invited to attend and recelve their parchments of appointment. . I I Her Worship the Mayor asked for motion to add the following items, which were considered in Committee of the Whole earlier this date to the ~genda of this,ffi7eting: (1) the Acting City Manager's recommended' resolutlons for the Cltles of New Brunswick winter meeting, (2) the Acting city Manager's recommended resolutions for the FCM Annual Conference, and (3) the matter of scheduling of Council meetings. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. . Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Charles Huggard expressing opposition to the Traffic By-Law amendment enacted by Council on February 8, 1988, with respect to parking on Smythe Street, on the basis that many of the residents of Harbourside Apartments at 55 Smythe Street are senior citizens and, in some cases, incapacitated to some extent, and permltting 30-minute parking on the west side of Smythe Street in front of Harbourside could result in this area being blocked all day long by parked vehicles and residents would then be forced to struggle through ice and snow to a clear area somewhere up or down the. street or to try to reach a double-parked vehicle in the middle of the road -- be referred to the Acting city Manager for review and a report to Council. I' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting a letter from the citizens of Ravenscliffe Court with regard to problems with snowplowing, and recommending that this matter be referred to the City Manager and other appropriate staff for investigation and a report to Council -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn cl Seconded by Councillor Knibb RESOLVED that the following resolutions be forwarded to the winter Meeting of the Cities of New Brunswick Association to be held in Campbell ton on March 25 and 26, 1988:- (1) WHEREAS transportation deregulation policies will result in a greater number of tractor-trailer units on our Provincial highways and increased highway traffic into and through our municipalities: I THEREFORE BE IT RESOLVED that the cities of New Brunswick urge the Provincial Government to provide increased funds for the improvement of provincial highways that provide the essential transportation links into, through and around municipalities. (2) economic WHEREAS the tourism industry offers excellent opportunities growth in municipalities throughout New Brunswick: for THEREFORE BE IT RESOLVED that the cities of New Brunswick urge the Provincial Government to undertake a marketing and development strategy analysis for tourism development in the Province of New Brunswick at the earliest possible opportunity, thereby assisting the municipalities in tapping this excellent source of economic growth. . ..... JI"" 563 Question being taken, th~ motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following resolutions , be forwarded to the Annual Conference of the Federation of Canadian Municipalities to be held in Halifa~, Nova Scotia, on June 3 to 6, 1988:- I (1) WHEREAS several provinces of Canada are examining regulatory reform which may result in major changes in the way ' public safety is to be ensured under the National Building and Fire Prevention Codes; and ,,' WHEREAS such proposed changes range from professional peer review in lieu of building insp~ction to the elimination of building inspection altogether: municipal THEREFORE BE IT RESOLVED that the Federal Government, through the National Research Council, ensure that the provinces continue to acknowledge the role of the municipalities in delivering public protection with respect to building construction and occupancy: I AND FURTHER that the Federal Government, through the National Research Council, encourage the provinces to amenqthe applicable legislation to exempt municipalities from legal liability while ensuring that municipalities have the ability and the res~urces necessary to adequately provide public prqtection with respect to building constructlon and occupancy. ' . . .. l'., .WHEREAS national transportation programmes and policies exercise significant lmpac~upon.the municipalities of Canada; and WHEREAS trans~ortation deregulation policies will effect rail line abandonment t~roughout Ca~ada and wl~l also result in wider and longer tractor-trailer units on our hlghway, and lncreased hlghway traffic into and through municipalities: (2) economic . THEREFORE BE IT RESOLVED that the Federation of Canadian Municipalities express ltS strong concern about the negative economic impact of rail line abandonment upon nu~ero~s Canadian municipalities and that it further urge the Government of Canada t~ provlde lncreased funds for the improvement of the Trans-Canada and other provincial hlghways that provide the essential transportation links into and through municipalities. (3) WHEREAS the tourism industrv offers an excellent opportunity for economic growth in many Canadian municipalities: I THEREFORE BE IT RESOLVED that the Federation of Canadian Municipalities urge the Government of Canada to provide additional funding for the provinces to undertake tourism marketing and development strategy studies thereby assisting the municipalities of Canada in tapping the tremendous opportunities the tourism industry can provide for economic growth. Question being taken, the' motion was carried. On motion of Councillor Schermerhorn . Seconded-by Councillor ~lewwelling .RESOLVED that as recommended by Mayor Wayne, Council revert to the previous alternate meeting sched~le of-4:00 o'clock p.m. and 7:00 o'clock p.m. open session and Committee of the 'Whole meetings, the adoption of such format to result in the following meeting schedule for open session for the month of March to facilitate public hearings presently being advertised: March 7 at 4:00 o'clock p.m.; March 14 at 7:00 o'clock p.m.; March 21 at 4:00 o'clock p.m.; and March 28 at 7:00 o'clock p.m. -- be received and filed and the recommendation adopted. I The Mayor explained that her reason for the above recommendation is because the present format does not always allow time for Council to properly deal with all items in Committee of the Whole, particularly when grievance hearings, delegations and teach-ins must be scheduled prior to 6:00 o'clock p.m., and that reversion to the former format will allow sufficient time for Council to discuss policy matters and the other wide range of issues which are now the subject of somewhat rushed Committee of the Whole meetings. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the Acting City Manager advising that the background report'for the Strategic plan prepared by Gardner Pinfold Consulting Economists Limited has cost an additional $3,344.34 beyond the contracted amount of $24,638.00, due to (1) extra work involved in completing Chapter 5 ~ Options, which required an additional trip by the Consultant and meetings with the Steering Committee, and (2) an additional trip on January 18, 1988 to meet with Council due to . the cancellation of the scheduled presentation to Council in December 1987, and recommendlng that Council authorize the payment of the additional amount of'$3,344.34 to Gardne: Pinfold Consulting Economists Limited -- be received.and filed and the recommendatlon adopted. . councillor Flewwelling questioned the travelling expenses to which Mr. Bedford replied that, although such cost was included in the contract, an additional cost for travel was the result of the above-mentioned meetings with the Steering committee and Common Council. ~ 664 Question being taken, the motion was carried with Deputy Mayor Gould and Councillor Fleywelling voting "nay". On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the letter from the Acting City Manager explaining that, although staff estimated the amount of sand required for the 1987-88 winter season and stockpiled what was believed to be a sufficient quantity to meet these needs,the weather has been such that these projections will be exceeded and an additional 3500 tonnes of sand are required for the balance of the winter, and that, in view of the urgency of obtaining this material and as Council was not meeting until this date, it was agreed that 3500 tonnes should be ordered immediately; and recommending that council confirm the action. of the Acting City Manager by approving the purchase of 3500 tonnes of sand from Brunswick Ready Mix at a cost of $15,475.00 be received and filed and the recommendation adopted. -I During discussion the City's inventory and monitoring systems were questioned. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager submitting the ba~kground report for the Strategic Plan, which was prepared by Gardner Plnfold Consulting Economists Limited to be used mainly by Council.'.s Task Force to assist in defining major goals for recommendation to Council; advising that the Task Force will be holding public meetings where groups and individuals will be able to present their views and that the background report will be made available to the public for use in preparing these briefs following its release by council; and recommending that Common Council release the background report and give it to the Task Force as one of the tools to assist in carrying out its work. I' . :':'}" .'. : ~ ,:..."... . Mr. Moe utilized an overhead slide presentation to summarize the above background report which includes an introduction of the background and study objectives, and sections on trends and impacts with respect to the economy, housing, social issues and the role of government; major o oppb-ituriities and issues, including needs; resources and constraints; and options including a perspectiveo"fLthe -f.indings, options and constraints ancl,3enera~ ,c_.o~s~dej:r:;<;i. .~i.p.__!l,s._ _ ...... _ _ .'~ ':"::.r:: C'n,\":l'......'-r~l...,.. 'f"I'.'~ .~... . ___....~_~ h , . - Her' Wor~hip the Mayor--noted -t:h'e 'presence in the council Chamb~r of .Dr : Gaiy Davis; Chairman 'of the' Task 'Force'for the 'Strate.gic:. ]:>l?'Il,.::tc?' whom she presented a copy of the background report for the Strategic Plan. I On motion of -Councillo~'-MacDougall--- ~ Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, Common Council release the background report for the Strategic plan and give it to the Task Force as one of the tools .. ,.to.assist in carrying out its work. ------, .................... .......... ........ -'....__...._~.~, _...... .-.1.....- . .........____ ___ Question beihg taken, the-motion was. carried. On motion of Councillor Schermerhorn . r I ~ . ~ -. Seconded by Councillor Knibb ----.C'--.. c;' I ~" ' __,,__ r'" -RESOLVED that as recommended by th!=. Act_ing Ci-ty-~ana:~{r';~ authorpryLne ;gtanted~ cfor.paym,ent-r,of :t:he"f?llowj.ng construction progress'certificates,namely:- - ,.~ 1.._ Modificatl.ons Transmission Mains',.. Wigmore's Vault Que-Mar construction (Maritimes) Ltd. Original estimat~d.value o~ contract Total work done, Estimate'Number-3 Retention payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated February 16, Partial holdback release $271,882.00 174,915.24 8,889.22 148,677.95 :1 " 1988 $ 17,348.07 2. Park Street Pump Station Mechanical & Electrical Renewal H. D. MacMackin Ltd. original estimated value of contract Total work done, Estimate Number 6 Retention Payments prevtously approved Sum recommended for payment, Progress Estimate Number 6, dated February 4, 1988 Final holdback release $ 22,180.00 I 22,081.l8 Nil 17,378.18 $ 4,703.00 Question being taken, the motion was carried. . ....4 JI"" be .{j.I~ On motion of Councillor Schermerhorn I Seconded by Councillor Knibb . . . .' RESOLVED that the letter from the Acting City Manager advlslng that, wlth regard to the application of Millidge Gardens Inc. for the re-zonlng of property at 445 Boars Head Road which was tabled on September 28, 1987 to enable the finalization of the Millidgeville Secondary Plan, the Millidgeville Secondary Plan is nearing completion and will be presented to Council in March and the proposed development has been reviewed with the consultant and staff and no conflict is anticipated between the said application and the Plan; also advising that, while staff will be suggesting a number of improvements to the proposal, it is appropriate to proceed with there-zoning process at this time, and recommending that the application of Millidge Gardens Inc. be taken from the table and referred to the Planning Advisory committee for a report and recommendation and that the necessary advertising be authorized for a public hearing -- be received and filed and the recommendation adopted, with the public hearing to be held on April 11, 1988. . Question being taken, the motion was carried. :1 consideration was given to a report from the Acting City Manager advising that, with regard to the tender for plumbing maintenance and electrical services which was tabled by Council on February 15, Property Management and purchasing staff reviewed all tenders and applied the material mark-up prices to a constant amount, that amount being 50% of the total labour cost of the lowest bid for labour, which results in changes to the total value of the contract but in no change to the low bid in either contract; and recownending that the following tenders be accepted: (1) electrical - Gordon Torch Electric Co. and (2) plumbing - James E. Lawton Co. Ltd. . .. Consideration was also given to a letter from McKelvey; Macaulay, Machum, Sollcltors for R. L. Duplisea and Co. Limited, a plumbing contractor who submitted a tender for plumbing maintenance; advising that the rate for apprentices as a percentage of the Journeyman was set as not applicable as their client's insurance coverage is not available where an apprentice is sent to a job without supervision from a licensed plumber and it will therefore be necessary to send properly qualified plumbers on all jobs which is the reason for negating the apprentice rate on the tender; and suggesting that, with respect to the percentage mark-up on material, the extra ten percent mark-up on such materials will be approximately. a.'differeI1ce..of $200.00 which is not unreasonable and that the final factor to be considered .is the lower bid submitted by their client which is approximately $1,200.00 lower~ I Consideration was also given to a letter from H. H. Hickman & Sons, Limited, regarding the tender for plumbing maintenance and electrical services; expressing the opinion that the system presently implemented by the purchasing Department which involves a rotating list of City contractors works very.well and c.ould be used for City maintenance. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Acting City Manager, the tender of James E. Lawton Co. Ltd. for supplying plumbing maintenance, and the tender of Golden Torch Electric Co. for providing electrical services, both of which are for a period of one year, be accepted at the prices as indicated in the submitted bid summary. Question being taken, the motion was carried with Deputy Mayor Gould and Councillors Rogers, A. Vincent and M. Vincent voting "nay". . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letters from McKelvey, Macaulay, Machum and H. H. Hickman. &:. Sons Limited, regarding the tender for plumbing maintenance and electrical services, be referred to the Acting City Manager for consider- ation of the points set. out therein and.a report .to Council. Question being taken, the motion was carried. I On motion of councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Acting City Manager advising that a request has been received from one of the applicants of the Housing Through Infi11 Development Program, and a similar request is expected from another, for an extension of the required time frames; noting that the original purpose of requiring a start within six months was to ensure work was underway within a reasonable period of time and, as approval was obtained on October 5, 1987, applicants were allowed only until April 5, 1988 to begin construction; explaining that, as weather conditions could result'in the April 5, 1988 construction start not being possible, a time extension is being requested; and recommending that the time frame for the start of the cpnstruction of projects approved for H.I.D. funding in 1987 be extended from April 5, 1988 to June 1, 1988 and for completion from October 5, 1988 to November 30, 1988 --.be received and filed and the recommendation adopted. Question being taken, the motion was carried. " On motion of councillor Schermerhorn . seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender of McLennan Sales Ltd. be accepted for supplying gate valve box components from the date of award until January 31, 1989, at the prices as indicated in the submitted bid summary.' Question being taken, the motion was carried. .... 566 , . .~ . . _" .0__. 1 I On motion of Councillor Schermerhorn Seconded by Councillor Knibb , . RESOLVED that as recommended by the Actlng,clty Manager, the tender of Wallace Equipment Ltd. be accepted for supplYlng'a-John'Deere, Mode1510C loader/backhoe at a,cost,of _h~71,327.47, and that the Mayor and Common Clerk be authorized to execute a se-verY-=year--tota,-];'cost agreement.. - .. . ' .' ~~," . - . - ---. .,-..- -...... ~..~ '.... :-_u.::; (<".;, Question being taken, the motion was carried. On motion of Councillor Schermerhorn i... .1....-'.... . I Second~d by Councillor Rogers -. , --~ ;. _~:,:,.L'; 08.... - ,..- - 'RESOLVEO.'that as r-ecommend d b the Actlng City Mariag' er' -the' faLl' oW.)l~n"-gLJt.')"d'; . I!""f" ,;, "" .-- ." ,'. - .... e, y be acce' ' .. ~,en.e.:::s _~r motorlze~-'eq\llpme'nt pted. (1) Thornes Ltd. for one Rlde On Mower at a prlce of $23-'124 46' (2) Harbour C~ty Dodge Ch~ysl~r.Ltd. for three 4-Door Sedans at a pri~e . , of $35,527.77, (3) Downey s Llmlted for two Window Vans at'a price of $29,845.68; . (4) Centennial Pontiac Buick GMC Ltd. for four Compact pick Ups at a pnce of ~51_:.~~?52; (5) Centennial Pontiac Buick GMC Ltd. for four.8500?VW 4 x 4 Plck Ups at' a price of $88,518.86; (6) Centennial Pontlac BUlCk GMC Ltd. for one 10,000 GVW'4' x 4 at 'adprice of $27_,371.70;. (7) R. B: Long _(1985) .!-'td.. for one Farm Tractor at a price of $16,892.00;' (8~ Bayvlew International ,Trucks L.td. for one 33,000 GVW Truck at a prlce of $64,265.67; (9) Bayview International Trucks Ltd. for two 50,000 GVW Trucks at a price of $158,718.90; and (10) Saunders Equipment Ltd. for one Street Sweeper at a price of $148,734.45, as indicated in the submitted bid summary. . I Question being taken, the motion was carried. . On motion of Councillor Schermerhorn ,. _,Seconded by Councillor vaughan _.... __', . _' _u. _ RESOLVED that the letter from the Acting City Manager advising:-'that..the 'Assistant City' Manager-:'" Development, .the Director of Economic Development and a committee appointed by the Mayor and Common council met in Bangor, Maine on February 18 to discuss the most effective methods of continu'ing the "Sister City Relationship" between Saint John and Bangor, with tourism and commercial market awareness being the major goals of this sister City relationship for both parties; _. also advising., that discussions c,eIfte:t;ed o.riD,a ,:r;elationshipbetween the airports, improvements to the Route.~, "Airline", totirikrtC'shopping'.'excursions, symphony orchestra 'exchanges, the,possibility of an antique'auto caravan between Saint John and Bangor in July - and - the' u . s. 'promoeion' of-~the ... Toronto Blue Jays game in April, with the main issue being the Route 9 "Airline", and concluding that an exchange of information will take place and all will work together to continue this relationship, with the next meeting of the group planned for April 15 in Saint John -- be received and filed. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn seconded by Councillor Knibb RESOLVED"that the letter from the Acting City Manager advising that the Economic Development Department has already begun actively promoting the Financial Assistance Incentive Program to be provided by the Atlantic canada opportunities Agency and announced on February 15, 1988 by Senator Lowell Murray, Minister responsible for the-Agency; also'advising that this..financial assistance program is for small and medium' business only and will provide financial assistance to municipalities, provided the assistance is for economic development activity; and submitting a summary of the significant highlights of the ACOA program -- be received and filed. . Question being taken, the rnotio~ was carried. Read a letter from'the Common Clerk advising that, following the-procedure for amendments to the Municipal plan, the necessary advertising and public presentation regarding~the submitted application of The Disher Steen partnership, Architects, regarding property at 640 McAllister Drive, have been completed and that the required waiting period for objections expired'on February 1.7,.1988, with no written objections having been received. ~I I - on-motion of councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of The Disher Steen partnership, Architects, for a Municipal plan amendment and re-zoning of property at 640 McAllister Drive be referred to the Planning Advisory committee fora report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 11, 1988. Question being taken, the motion was carried. . - . , , ~ JI"" ~67 . I -, . I . I I . ~ xl. Read a letter from the Common Clerk d . . fo~ amendments to the Municipal PIa th a vlslng tha~, . following the procedure regarding the submitted apPlicationn'f Me necessary advertlslng and public presentation at 1000 Rothesay Road, have been com~let:d :~~r~~a~'t~' carp~nt~r, :e~arding.property objections expired on Februar 17 1988 wi . e requ~re .waltlng perlod for . from The Fulton Family. y, ,th a letter of ob]ectlon having been received On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent J. H. carpenter for a Munici RESOLVED that ~he application of Mr. Murray . pal Plan amendment and re-zoTIl.ng of property at 1000 R th -, Road be referred to the p~a~ning Advisory Committee for a report and recommendatio~ a~~ay that the neces~ary advertlslng be authorized in this regard, with the public hearing to be held on Aprll 11, 1988. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By-Law ~umber C,P',lOO-129 A Law to Amend The Zoning By-Law Of The City Of Saint John", lnsofar as It concerns re-zoning a parcel of land located at 110 Metcalfe street (L.R.LS. . Number 55051361), containing 302 square meters (3256 square feet), from "B-1" Lo~al B';lslness to "RM-l" Three-Storey Multiple Residential classification, be read a thlrd tlme and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law'Number C.P. 100-129 A Law TO Amend The zoning By-Law Of The City 0:1; Saint John", was read in it" entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESQLVED that the by-law entitled "By-Law ~umbe:r; C.l;'. ,100-130 A Law To lunend The Zoning By~La:w Of The City Of Sai~t John" lnsofar as It concerns re-zoning a 2,787 square meter (30,000 square foot) parc~l of ;,a~d"located at 1~5 MCAllist~r..Dri,:,e (part of L.R.LS. Number 307397), from "p" Park to B 2 General Busl~ess classlflcatlon, be read a third time and enacted and the Corporate Common Seal be afflxed thereto: , A~D FURTHER.that pursuant to Section 39 of the.Community Planning Act the sald ~e-zonlng be ~u~]ect t~ the following conditions:- (1) the use of }f.e prop~rt be restrlcted to provldln~ offlce space ~or not more than two medical practioners; (~~the prope~ty be developed In accordance wlth the applicant's proposal as approved by the Plannlng Department; and (3) all work necessary to complete the site be finished before September 1, 1988. The by-law entitled, "By-Law Number C.P. 100-130 A Law To Amend The zoning By-Law Of The City Of Saint John", was read in its entirety. (Councillor Davis withdrew from the meeting.) Question being taken, the motion was carried. . (Councillor MacDougall withdrew from the meeting.) on motion of councillor Schermerhorn Seconded by councillor Flewwelling . RESOLVED that the by-law to amend the zoning By-Law of the City of Saint John by (a) deleting from section 540 (1) (a) "tavern or cabaret" and inserting the words "subject to subsection (3) (e), a tavern or cabaret", and (b) adding a new clause (e).at the end of Section 540(3) to read as follows: "(e) a tavern or cabaret shall not be located in buildings on King Street; those portions of prince William street and Germairi Street between King and Princess Streets; or that portion of Charlotte Street between Union and Princess Streets save and except hotels and at the following locations: 2 Charlotte Street, 123 Germain 'Street. 72 Prince William Street", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law to amend the zoning By-Law of the City of Saint John was read in its entirety. Councillor Knibb re-iterated his concern that a negative signal could be given to future developers if the City shows that, in the middle of a development, it is prepared to change its mind which is what the proposed amendment could do and, also that there are other means of checking against an over-abundance of drinking establish~ ments in the downtown core of the City because of the Liquor Licensing Board's require- ments. "Councillor Flewwellinqstated his support of the proposed amendment on the basis that stores such as woolworths and BirkS would remain in the area and that another drinking establishment is not needed in the area, and councillor Schermerhorn expressed the opinion that, althouqh he could support a reasonable establishment in the area. the establishment proDosed would be excessive to the King street location as it would dominate the UPDer section of King street. 5l)8 .., Question being taken, the. motion was lost with the Mayor and Councillors Flewwelling, Gould, Schermerhorn and Vaughan voting "yea"and Councillors Knibb, Rogers, A. Vincent and M. Vincent voting "nay', a majority of. ' the whole Council being required to vote in favour of the by-law, pursuant to section 66(2) (b) of the Community Planning Act. . Her Worship the Mayor expressed her concern as a result of the above action. (Councillors Davis and MacDougall re-entered the meeting.) On motion of Councillor Schermerhorn I Seconded by Councillor Knibb .' , . , RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Regulate' The Subdivision Of Land Within The City Of Saint John", by deleting paragraph (c) of Section ~5.1(c) and inserting a new paragraph (c) to read as follows: (c) approved by the Development Officer pursuant to the provisions of Section 25 hereof", be read a third time and enacted and the Corporate Common Seal be affixed thereto. .' The by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", was read in its entirety. I Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on February 15, 1988, whe~ there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knlbb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Acting City Manager, (1) easements for the life of the buildings be granted for the three buildings encroaching on Fallsview Avenue as..shown on the submitted plan; (2) the necessary advertising be authorized to close Reserved Road running westward from ~allsview Avenue as shown ona 1905 plan in File 0 #188; (3) upon successful closing of the road, the land be conveyed to Murray & Gregory (1987) Limited with the understanding that this agreement to sell neither explicitly nor implicitly obligates the City to complete the road closing which will be handled in the normal manner; and (4) the granting of the easements and the sale of the land be at a price equal to the total costs involved. I February 29, 1988, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. . Question being taken, the motion wa$ carried. Consideration was given to a report from the Planning Advisory committee advising that, with regard to Common Council resolution of August 5, 1986 imposing specific conditions on the transfer of 369 Woodward Avenue to P & L Holdings Ltd., the applicant did not complete the transfer as the conditions wel?e -found to: -'be, too, onerous and has requested revised conditions, which the Committee is recommending 'to Council:' On motion of councillor Schermerhorn :1 Seconded by Councillor Knibb RESOLVED that as recommended by the planning Advisory Committee, (1) Common council amend its August 5, 1986 conditions concerning the release 9f a 1.01 hectare (2.5 acre) parcel of land on Boars Head Road and woodward Avenue by: (a) revising condition #1 to require $9,400.00 be paid as money in lieu of land for public purposes required for existing development not covered by land for public purposes retained and (b) deleting conditi.on #3 and inserting a new condition to read: "that a.subdivision plan relating to the 1.01 hectare parcel be approved within three months of land exchange which will indicate a 'Future Street' between Caledonia Drive and the adjacent property to the west~'; and (2) Common council amend its condition of assent to Brentwood Park Subdivision, phase 5 given on August 5, 1986 by deleting condition (d) which required the payment of $9,700.00 money in lieu of land for public purposes. I Question being taken, the motion was carried. . ... JlII""" 569 On motion of Councillor Schermerhorn . Seconded by Councillor M. -Vincent RESOLVED that the letter from Sandra T. McKenna requesting permission to name her Highland dancing school "The Saint John Highland Dancing A~sociation" ~- be ,received and filed and permission be granted as long as no other such group is using the name. ' I Councillor Vaughan questioned the need for the above approval in view of other groups and organizations using the City's name, and the Mayor advised that the Acting City Manager suggested that the above letter could either be received and filed or CouncLl could give permission to use the name, and Mr. Barfoot confirmed that, although Council"s approval is not required, when requested, approval could be given. voting Question being taken, the motion was carried with Councillor MacDougall "nayll. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the Village of Fairvale regarding Common Council resolution of January 25, 1988 with respect to the provision of ambulance service to the Village of Fairvale, advising that on February 1, the Council of the Village of Fairvale reached an agreement with the Town of Quispamsis, the Village of. Gondola Point and Barsa Subdivision to join the Quispamsis ambulance -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Davis RESOLVED that the letter from Mr. Harold Wright commending the City for its efforts in bringing recognition of the 1988 Parks Heritage Awards and the Parks Canada agreement on the City Market; suggesting that, when a property is beLng considered for demolition, there should be public notice of same which will not only provide an opportunity for the public to speak in favour of or against the demolition before the building is removed, but will allow the building to be documented by photographs, drawings, etc. and the retention of appropriate unique artifacts therefrom; and also suggesting that the cost of photographing the building can be recovered by an addition to the demolition permit with the recording to be done by staff or non-staff individuals or organizations so that information on a demolished building will be available for use by historians, planners, architects and others -- be referred to the Acting City Manager for input and a report to Council. I' Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mount Purple Loyal Orange Lodge No. 29 requesting Council to direct the Works Department to have the present debris removed from the Lorneville Harbour area along the Post Office Road and construct a proper retaining wall and landscaping that will enhance the area,. and.,suggesting that the City's beautification committee could work with the Lodge to develop the area as a scenic tourist area -~ be referred to the Acting City Manager for input and a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that authority be granted for payment of the invoice of the Cities of New Brunswick Association, in the total amount of $10,329.25, representing the 1988 dues and Provincial-Municipal Council warrant in the amounts of $1,537.00 and $8,792.25, respectively. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from the provincial Advisory Committee on Disabled Persons - Alcohol and Other Drugs requesting the City to sponsor the May 5, 1988 reception during the Atlantic provinces Conference to be held in Saint John from May 5 to 7, 1988 -- be referred to the Grants Advisory Board for consideration. Question being taken, the motion was carried. On motion of Councillor' Schermerhorn . LeBlanc streets system, etc. -- Seconded by Councillor Knibb , RESOLVED that the letter from Miss Louise M. A. requesting that immediate attention be given to the flooding condition of t~e in the Morland Trailer Park and suggesting that, as the streets h~ve no.dralnage the streets must be constructed properly with curbs,gutters, dralns, sldewalk~, be referred to the Acting City Manager for investigation and a report to Councll. Question being taken, the motion was carried. ..... ~ 570 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the application of Galbraith Equipment Ltd. for the re-zoningof 95 Cedar Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 11, 1988. . Question ,'being taken, the motion was carried. On motion of Councillor Flewwelling ~I Seconded by Councillor Knibb RESOLVED that with regard to the presentation of Mr. J. Lamport of the Saint John City May 18th Observance Committee of a proposal for a program designed to ensure a suitable observance of the City's birthday in 1988, Council approve the concept in principle. Question being taken, the motion was carried. On motion of Councillor Schermerhron I~ Seconded by Councillor Vaughan RESOLVED that professor Job Hawkes regarding the Bi-Capitol Project council committee which is reviewing this matter. Question being taken, the motion was carried. the presentation of be referred to the On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be . adjourned. Question being taken, the motion was carried. Vhu;/of:i ~ , , " 'I . I +~ ' . I ,. ,l, " , I . ...... JI"" ,~ 5171 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of March, A.D. 1988, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. N. Barfoot, Acting City Manager; C. Robichaud, Assistant city Manager - Operations; J. B~own, A~s~stant City Manager - Development; F. Rodgers, Clty S~llcltor; D. Wilson, Commissioner of Finance; J. C. MacKlnnon~ . Commissioner of Environment and Infrastructure Servlces, P Groody Commissioner of Human Resources; C. Breen, Chief of ~olice; R. Johnston, Deputy Fire Chief; W. D. Todd Director of Housing and Property Management; S. B~dford, D~rector of Community Planning; S. Armstrong, Director of Engineering; J. Brownell, Acting Director of Recreation; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. 'I Her Worship the Mayor offered the opening prayer. Her Worship the Mayor welcomed to the Council Chamber members of the 16th Saint John Girl Guide Company, C.Y.O., who were working toward their citizenship badge, and briefly explained the Council meeting procedure. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on February 29, 1988, be approved. Question being taken, the motion was carried. Her Worship the Mayor advised that a message of best wishes was forwarded on behalf of Common Council to Miss Tara Jackson who, as Miss Teen Saint John, is competing in Toronto, Ontario, on this date in the Miss Teen Canada pageant. I Her Worship the Mayor noted that, as indicated in an information item that Council members received in their Council kits, business students from UNBSJ repeated their victory in the Second Annual Strategic Management Competition sponsored by the Society of Management Accountants at Mount Allison University on March 1 and 2, 1988, with the UNBSJ team members, Shannon Jackson, Tony Gogan and Greg Hierlihy having devised a strategy of operational efficiency, market penetration, quality perception and reasonable pricing to win the business simulation area of the competition as well as the presentation area of the competition. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend congratulations to the UNBSJ team members on their victory in the Second Annual Strategic Management Competition. . Question being taken, the motion was carried. I Her Worship the Mayor referred to the letter ,from Mr. Thomas G, O'Neil, solicitor, regarding the February 29 Common Council meeting, which is included on the Legal Session agenda of thisdate,and read the following prepared statement:- "There is an item on the Council Agenda in Legal Session today. It is a letter from Thomas O'Neil of Barry O'Neil to the Mayor and Council placed in Legal Session by our City Solicitor. My opinion would be that this letter should not have been directed to you, but to me. It has to do with the statement that I made at the Council meeting of February the 29th - item number 24 - amendment to the Zoning By-Law and the possibility of a tavern located on King Street by one Mr. Gerry Lowe. I want to make it perfectly clear that I did not ask that this letter be placed in private session. The City Solicitor placed it there. The statements that I made last week were to the effect that there was an establishment at one time on the Old Black River Road which had, in fact, women performing who were brought in from Montreal. I am led to believe that this statement is correct. The establishment ,referr.ed to in Mr. O'Neil's letter is, the name of it, the Bottoms Up Tavern, I didn.'t know.that at the time, and that these ladies had some problems, I've spoken with the Chief today and I'm led to believe with my understanding that some of them, there were charges laid and they were asked to leave the City, and I understand that this statement is Correct. Thirdly, I stated that Mr. Lowe had been associated with this facility on the Old Black River Road and my understanding is that this statement is correct. In fact, he was associated with this facility but not when it was the Bottoms Up Tavern, it was when it was the Honky Tonk Club according to his lawyer. . So based on ,that information, I withdraw the remark that Mr. Lowe was associated with the establishment on the Old Black River Road when the girls from Montreal were here.". I . Her Worship the Mayor noted that, as indicated in a letter from her office (copies of which were forwarded to Council members as an information item), the annual meeting and election of officers of the Exhibition Association will be held on March 8, 1988, and that Council members are e'ncouraged to attend.' ~ ~ 572 On motion of Councillor M. vincent Seconded by Councillor Schermerhorn RESOLVED that (.1), a letter from the Acting City Manager regarding the John Yerxa Hockey School Program, (2) the 1987 Annual Report of the Saint John AqUat~c centre, Commission, (.3) a letter from the Acting CitY,Manager updat~ng Coun~ll on ublic hearings on the health care system In Canada.and lts,fun~lng P, f h' h forwarded to council members as lnformatlon ltems), (coples 0 w lC were . 'dered by and (4) a report on the Bi-Capitol pro~ect (~hlch was cons~d d to the council in committee of the Wh~le ear~ler thls date), be a e agenda for consideration at thls meetlng. Councillor A. Vincent asked to speak on the,above-me~tioned {~~t~; from Mr. Thomas o'Neil to which the Mayor repl~ed that-lt wa~d only she who dealt with it above and that ~ther ~ounc~il~~m~er~i~~~nt have to deal with the matt~r in L~g~~ se~7~~~if w~~~c~omment~ made in asked to go on record as dlsassocla lng l this regard. . I bel'ng taken, the motion was carried. Question On motion of councillor Gould If Seconded by councillor Rogers f RESOLVED that the letter rom Mayor Wayne submitting a letter from Mr. Dan Gal~r~ith, ;~~t~~SW;~~i~~a~~ photographer for the 1985 canadaRs~~e~O~a:~~C~nhel~SC~~questing financial an exhibit entitled, "Quest For e, . support -- be referred to the grants commlttee. councillor Knibb expressed the opinion that it is not proper for council.to financially support an individual project of the above nature and noted that there are many local artists and photographers who exhibit their work, and suggested that Council, in extending best wishes. for success to Mr. Galbraith, could offer to assist in providing a locatlon for his exhibit. . Question being taken, the motion was lost with the Council members present voting "nay". On motion of Councillor Knibb Council of the City with respect to his regret that Council regard. Seconded by Councillor Schermerhorn RESOLVED that the Common best wishes to Mr. Dan Galbraith entitled, "Quest For Red", with City funds to assist in this of Saint John extend photographic exhibit is unable to provide I Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne noting that citizens are now receiving their provincial property tax assessments, some of which have increased thereby increasing the total amount of tax invoiced; suggesting that, as it is quite apparent that many of the citizens do not understand that the City of Saint John only sets the tax rate and does not set the assessments, the Commissioner of Finance should explain at this meeting the assessment system, for instance, when notification is received from the Province of the possible increase in assessments, how it is taken into consideration in setting the City's budget, etc. . Mr. Wilson, in noting that the Province is responsible for assessing all properties throughout the Province, explained how the tax base, of which the City is advised yearly in October by the Province, affects the City's tax rate. Mr. Wilson advised that in 1987 the City was advised the amount of the tax base and that such amount represented a 7.1% increase over 1987, and that the Province indicated the approximate percentage increase related to residential and non-residential properties, including new construction and that, based on this information, the City expected, at the time it set its tax rate, that residential property assessments would increase in the range of 6% to 7%, which is not the case as indicated in the 1988 property assessment billings, although the City is unable to obtain from the Province information on how many properties increased in excess of the estimate. The Mayor asked if the City can determine if the 7.1% increase over the 1987 tax base is exceeded by the overall increase in property assessments to which Mr. Wilson replied that the City does not know the amount of the total tax billings as property assessing continues after the City is given the amount of the tax base by the Province and that any amount collected in, property tax assessments in excess of the tax base would be retained by the Province. Mr. Wilson also advised that consideration is being given to having a summer student, possibly hired through Challenge '88, do preliminary investigative work to determine the total amount collected by the Province through property assessments and that, if the. City is concerned with the findings of this preliminary work, a more thorough review could be carried out. Councillor M. vincent, in noting council's past discussion with respect to a two- tier tax system based on services in the inner and outer zones of the City, expressed concern that the Province might be assessing properties in the outer zone on the same basis as those in the inner zone with no consideration being given to the difference in services in the two zones, I I . ...oIIIl JI"" @7~ . I -, . I . I I . ~ whereupon the Mayor suggested that, if possible through the Challenge '88 program, a student should be hired to determine whether or not the location of properties is being taken into consideration and whether. or not the Province will collect an amount in excess of the percentage increase which the Province allowed the City in its tax base. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above letter from Mayor Wayne be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City M~nager, the following tenders be accepted: (1) House of Buchanan for 12,200 City Crest Plns at a cost of $420.00 per M, and 18,500 Loyalist Man pins at a cost of $390.00 per M, and (2) Key Industries Ltd. for 25,000 Saint John Buttons at a cost of $190.00 per M, as indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the tender of Stanchem/CIL be accepted for supplying liquid chlorine from April 1, 1988 until March 30, 1989 at a cost of $101.32 per 68.04 kilogram cylinder and $571.54 per 907.2 kilogram cylinder. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the tender of Jordive Ltd. be accepted on an as-and-when required basis for supplying T.V. sewer inspection service for the period of one year at the prices as indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Scherme~h6rn Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the provincial Highway Winter and Summer Maintenance Agreement, revised to January 1, 1988. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the Acting City Manager, the following tenders, representing a total value of $63,505.20 plus tax, be accepted for the printing of tourist literature:- Centennial Print & Litho Ltd. - 40M Lure Brochures @ $170.00M Neill Printing Ltd. - 30M Restaurant Listings @ $66.69M Lingley Printing Ltd. - 10M Churches Brochures' @ $6"1. 20M Barnes Hopkins Ltd. - 10M victorian Stroll Brochures @ $119.00M - 10M Prince Williams Walk @ $119.00M - 15M Loyalist Trail @ $119.00M - 20M Kit Folders @ $385.00M McMillan Press Ltd. - 5M Promotional Envelopes @ $579.00M - 3M Meeting planners Guides @ $2,325.00M - 15M Historic Walking Brochures @ $124.50M Keystone printing & Lithography Ltd. - 50M Pocket Guides @ $420.00M - 60M Tour Maps - $59.00M - 25M Calendar of Events @ $152.80M - 2.5M Copies of 8 Bilingual Inserts @ $57.00M - 4M copies of 6 Bilingual Inserts @ $41. 25M Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager advising that the Executive of Local No. 486, C.U.P.E., has for review the information on applications for a number of student summer employment positions under the Federal Challenge '88 program, and will advise staff on March 7 of the positions to which it does not object, such information to be available to Council on this date; noting that, upon approval by Employment & Immigration of the City's applications for funding under Challenge '88, the City will provide the summer jobs described and Employment & Immigration will make a contribution to the City in respect to related wages, mandatory employer costs and other costs and the City certifies that the proposed jobs would not be created without the subsidy requested, and recommending that Common Council authorize the execution of the necessary application/agreements. ~--...... ~ 574 Consideration was also given to a letter from the Acting City Manager (copies of which were distributed to Council members earlier this date) advising that the City is able to proceed with eleven positions under Challenge '88 as follows: Policy Rese'archer - Technical and Inspection Services; Researcher - Tourism; Management Information Strategy Study Team Assistant - city Manager's Office; Financial Analyst - Finance Department; Records Manager - Finance Department; Project Assistant - Mayor's Office; Archivist/Historian - Water and Sewerage Department; Preventative Maintenance Analyst - Water and Sewerage Department; Training Assistant - Water and Sewerage Department; position Analyst - Human Resources; and ,project Assistant - Human Resources. . On motion of Councillor Schermerhorn I Seconded by councillor Rogers . '. . ., ,RESOLVED that as recommended by the Actlng Clty Manager, application/agreements for the above eleven positions under Challenge '88 "be forwarded to Employment and Immigration Canada. . Question being taken, the motion was carried. Seconded by Councillor Acting c~ty Manager Yerxa Hockey School Parks Department -- submitt~ng a copy o~ a Program which is being be received and filed. M. vincent RESOLVED that the letter from the brochure advertising the John sponsored by the Recreation and I' On motion of Councillor Schermerhorn Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Davis RESOLVED that the 1987 Annual Report of the Saint John Aquatic Centre Commission be received and filed. Question being taken, the motion was carried. On motioncof_Councillor Schermerhorn Seconded by Councillor M. vincent RESOLVED that the letter from the Acting City Manager submtting a copy of a newspaper advertisement announcing public hearings on the health care system in Canada and its funding, and noting that, if Council wishes to submit a brief, the Clerk of the Committee must be notified prior to March 14, 1988 -- be received and filed. -I Councillor Davis, Chairman of the Saint John Regional Hospital Board, advised that he would discuss with the Board whether or not the City should submit a brief to the above committee, and the Mayor suggested that she and Councillors Davis and MacDougall could take up this matter with the Hospital Board to see if there is any follow up required. Question being taken, the motion was carried. consideration was given to a report from the Council Committee of Councillors Davis, Schermerhorn and A. Vincent, and the Commissioner of Finance, regarding its review of the request from the Bi-capitol project for operating funds, such request having originally been made in December 1985 for $100,000.00 a year for five years beginning in 1986-1987; advising that the concerns of the Council Committee in undertaking this review were well defined in that, in the first instance, it wanted to be assured that sufficient funds were available to complete the renovations of the Theatre and secondly to be satisfied that $100,000.00 per year would be the maximum annual exposure on the operating side; noting that the Board of Directors of The Bi-Capitol project Incorporated is asking for much more city involvement than an annual contribution to the operating budget, and is now asking the city to give this project a high priority, to assist in obtaining funds from the other levels of government and to give consideration to providing funds towards completion of the renovation phase; and .also noting that, although the Bi- Capitol/Imperial project has always been represented as being independent of the City and has never appeared on any of the City's lists of priorities and it was the understanding that capital funding would be provided by the other levels of government, there was a general feeling that the City at some point would be making a financial commitment to operating the facility; however, in the last few weeks the project has been presented to the City in an entirely different perspective. The report refers to the city's adoption of two major projects as high priorities, the Regional Exhibition Centre and the city Market renovation, the latter being possible on the condition that major street reconstruction in the downtown core would be deferred for four years until the Market is completed, which is evidence that the city is currently at its maximum commitment for major projects, and expresses the opinion that, if the city were to assume responsibility for the Bi-Capitol project's shortfall of $6 million and become involved in annual operating funds of more than $100,000.00, the tax rate could increase by $.05 to $.07 which is not acceptable, nor should this project take priority over the other two which have already been adopted and on which commitments have been made; and, with respect to the request for political support, suggests that the City will not be perceived as being credible in making any requests unless the City has made a substantial commitment of its own which is not considered possible, and also there is only a limited amount of funding that . 'I I . ~ JI"" 575 . I ~I . I . I ,I . ~ will be allocated to the City of Saint John by the Provincial and Federal Governments and, if funding is requested and received for the Bi-Capitol Project, it will undoubtedly take funding away from other projects such as the Regional Exhibition Centre, Rockwood Park, etc.; and concludes that, given the City's present financial condition and the major commitments already made, the Council Committee does not believe that the City should become involved in providing funds towards the restoration project. Consideration was also given to a letter from The New City Theatre Company requesting Council to enthusiastically back the Bi-Capitol Project and to help attract the support of the provincial and Federal Governments. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the above report be received and filed and the recommendation that the City not become involved in providing funds towards the restoration project be adopted. Mr. Wilson read the above report from the council Committee and during discussion Councillor Knibb, a Director of The Bi-capitol Project Inc., advised that the escalation in capital cost from the 1984 estimate of $5 to $6 million to the 1988 estimate of $12 million is due partly to the cost of living increase, changes in the National Building Code which require more steel for the balcony and extra costs for fire emergency exits,and requested Council to reject the Council Commi~tee report which represents, in his opinion, an over-reaction by some of the Counclllors to ~hat is, in his estimation, a valued and worthwhile move by citizens to see that Councll comes on site to get the Bi-CapitOl/lmperial Theatre built; and.the Mayor concluded the discussion by commending the Bi-Capitol project on th7 funds ralsed to dat~ from ~he other two levels of government and advised that the Clty, upon the Theatre s.openlng~ would probably assist in the operating costs of the Theatre, and that, councll certalnly giVes the Bi-Capitol project its moral support. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Schermerhorn Theatre Seconded by Councillor M. Vincent RESOLVED that the letter from The New City Company regarding the Bi-Capitol Project be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk submitting a resolution which was adopted by Council in Legal Session on February 29, 1988. .On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that with regard to the January 18, 1988 request of Mr.3Btian Mosher, solicitor for Mr. Elmer Soucy, that a full hearing be given upon resubmission by Mr. Soucy of his application for the re-zoning of property at 941-951 Golden Grove Road, Council adopt the recommendation of the Acting City Manager that (1) Mr. Mosher be informed that Mr. Soucy has the right under the Zoning By-Law to make a new application and (2) he be further informed that Council, upon receipt of the application, may at that time refer the matter to the Planning Advisory Committee or again decide to take no further action. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the city of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on February 29, 1988, when there were present Mayor Wayne and councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant in the amount of $1,000.00 be approved for the Saint John Rotary Boys Choir with respect to the Choir's attendance at the International Choral competition to be held in Powell River, British columbia, from July 5 to 9, 1988. 2. That as recommended by the Grants Advisory Board, Council approve the following grants which total $10,200.00:- (a) Wesleyan Women's Convention - Atlantic District October 28-29, 1988- $1,500.00 (b) Canadian Society of Laboratory Technologists National Conference - $500.00 (c) ACCC Conference '88 - Association of Canadian community colleges - National Conference May 1988 - $1,500.00 576 (d) Canadian Ophthamology Society - National Conference June 25-29, 1988 - $1,000.00 (e) Maritime Professional Photographers Assoc. Atlantic Conference, April 29-May 3, 1988 - $450.00 (f) Alzheimer Society of Saint John - National Conference April 22-24, 1988 - $600.00 Cathedral Council Catholic Women's League of Provincial Conference, June 1988 - $500.00 (h) Canadian Long Term Care Association National Conference, July 11-13, 1988 - $1,000.00 (g) Canada (i) N.B. Department of Agriculture Regional Conference of Farm Management March 15-17, 1988 - $750.00 ' (j) Beta Sigma Phi - International Conference May 20-22, 1988 - $750.00 (k) Royal Architectural Institute of Canada National Conference, June 1988 - $500.00 (1) canadian Co-Operative credit Society National Conference, September 1988 - $400.00 (m) Cerebral Palsy Foundation - Atlantic Conference June 1988 - $750.00 3. That as suggested by the Saint John Board of Police Commissioners, a grant in the amount of $570.00 be approved for the GRS Radio Club for the purchase of 25 club jackets at a cost of $22.60 each, in recognition of the Club's dedicated service at events in Saint John. 4. That as recommended by the Acting City Manager, (1) Hamilton Realty Ltd. be advised that the city has considered its proposal for the extension of Rockland Road to the Cranston Avenue off-ramp and is unable to support it because of the cost and the safety factor caused by a poor sight distance at the intersection; and (2) Hamilton Realty Ltd. be advised that the city is not prepared to offer any compensation for alleged damage caused by construction of the North/South Arterial because the said Company has provided no evidence of any loss caused by the construction of the Road. 5. That as recommended by the Acting city Manager, (1) the date for transferring the property on McAllister Drive to Midland Transport Limited, which was authorized by Common council resolution of July 6, 1987, be extended to March 31, 1988; and (2) if the propertY,is not transferred ?y March 31 because of the said company's refusal to slgn the plan, the prlce of the land be increased from $21,500.00 per acre to $25,000.00 per acre. 6. That as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the letter from CNR agreeing to the increase in rental to $250.00 per year for the property to the rear of the former abattoir on which the sewer treatment plant is located on Thorne Avenue included in Lease 39980, such increase to be for the period July 1, 1988 to June 30, 1991. March 7, 1988, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of councillor Rogers Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. ...... "'lll . -I r . I . I I ~ . ..... JI"" 577 voting Question being taken, the motion was carried with Councillor A. vincent I'nay". . On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. :1 Upon being advised by Mr. Todd that he has not informed the company concerned of the above recommendation, the Mayor suggested that the matter should be tabled for one week and the company be contacted to determine if the matter can be resolved. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. I On motion of councillor Gould Seconded by councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn . RESOLVED that as recommended by the :rants.AdvlsorY,Board, a gran~ in. the amount of $500.00 be approved to assist the New Brunswlck co~ncll of Labour wlth ltS Annual provincial Conference being held in Saint John, such ~lsbursement to be made only after the City has received verification that the event dld take place as planned and the organization submits a letter to the City's Budget Department requesting funds be disbursed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn J RESOLVED that the letter from CPO W. Jim Labbe submitting for Council's consideration a proposal for changes to traffic lanes at the courtenay Causeway and Bayside Drive intersection on the basis that it is frustrating to get through this intersection during rush hours and it is becoming an increasing concern to the local authorities -- be referred to the Acting City Manager and Traffic Engineer for analysis and a recommendation to Council. Seconded by Councillor Gould Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application from Mr. Ray S. Corscadden for an amendment to the Section 39 re-zoning of 341 Loch Lamond Road be referred to the Planning Advisorv Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 11, 1988. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. J ~h/~W~rd ufommon Clerk ~ . ~ .., '57,8 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of March, A.D. 1988, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, Acting City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; C. Breen, Chief of Police; R. McDevitt, Fire Chief; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; M. Jamer, Director of Works Operations; J. Levesque, Director of Communications and Public Relations; T. Totten, Deputy Commissioner of Finance; B. Belyea, Budget Officer; J. Brownell, Acting Director of Recreation; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. I ( ---=- Her Worship the Mayor offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED meeting of Common Council, held on March 7, 1988, be that minutes of the approved. Question being taken, the motion was carried. Her Worship the Mayor noted the beginning of St. Patrick's Week activities in the City; advised that tickets are now on sale for the Toronto Blue Jays exhibition game to be held in Saint John on April 25, 1988; welcomed to the City delegates to the Department of Agriculture conference; and proclaimed the week of March 13 to 19 to be Physiotherapy Week in the City of Saint John. On motion of Councillor Schermerhorn -I Seconded by Councillor Vaughan RESOLVED that the Acting City Manager's report regarding a request for an easement for an encroachment on Summer Street (which was on the Committee of the Whole agenda on this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Deputy Mayor Gould noted that the Soviet Ambassador to Canada, Alexei Rodionov, during his weekend visit to New Brunswick honoured a group of New Brunswick Second World War veterans, including Messrs. E. V. Flewelling and Murray Flewelling of Saint John, for their services during World War II in the Canadian Navy in keeping the Russians supplied with equipment and supplies through the Murmansk route, and suggested that Council should recognize the honour they received through a letter of congratulations. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John extend congratulations to Messrs. E. V. Flewelling and Murray Flewelling on who were recognized by the Soviet Ambassador to Canada for their services in the Canadian Navy during World War II. ,I, Question being taken, the motion was carried. Her Worship the Mayor noted that the Jim Sullivan curling rink from Fredericton, which is now competing in the World Junior Curling Championship in West Germany, includes Mr. Charles Sullivan, Jr., of Saint John, and Councillor A. Vincent noted that Loblaw Companies food chain opened its 27th store earlier this date during'the official opening of the Real Atlantic Superstore on Rothesay Avenue. I '""' The Common Clerk advised that the necessary advertising was completed with regard to (a) redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Developmen~ Plan, two parcels of land at 325 Lancaster Avenue (L.R.I.S. Numbers 35295 and 55021943), having a combined frontage of approximately 41 meters, from Medium Density Residential to District Centre Commercial classification, and (b) re-zoning the same parcels from "R-IB" One-Family Residential to "B-2" General Business classification, to permit conversion of the existing building to a restaurant and tourist home, as requested by Numidia Inc., and that no written objections were received in this regard. . ..... JI"" fi7S) . "I ~I . 'I . I, I . ~ Consideration was given to a letter from the Planning Advisory Committee recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A of the Plan, from Medium Density Residential to District Centre Commercial classification, two parcels of land at 325 Lancaster Avenue (L.R.LS. Numbers 35295 and 55021943), with a combined frontage of approximately 41 meters; (2) the same parcels be re-zoned from "R-IB" One-Family Residential to "B-2" General Business classification; and (3) by resolution pursuant to Section 39 of the Community Planning Act, the re- zoning be subject to the following: (a) the property is to be used only for a hotel and a restaurant with seating capacity not exceeding 106 (70 on the main floor and 36 on the second floor), (b) the retention of the residential character of the building, which shall be demonstrated by the submission of plans indicating changes to and/or preservation of interior and exterior features of the building and site (including signs), to be approved by the Planning Director, and (c) the submission of a site plan to be approved by the Planning Director. Mr. Lyman Purnell, Q.C., solicitor for the applicant, appeared in support of the proposed amendments and, in noting the presence in the Council Chamber of one of the principals of Numidia Inc. and the architect for the project, commented on the historic nature of the property and the proposal based on the architect's plan of restoration, the plot plan and photographs of the interior and exterior of the building, copies of which he circulated to the Council members for their perusal. Mr. Purnell responded to Council queries with respect to the proposed restoration of the building on the subject property; the inclusion in the proposal of overnight tourist accommodation of a small French hotel nature; and the intent to provide valet parking service to the establishment's clientele, the number of on-site parking spaces, and the applicant's agreement with the District 20 School Board for parking on its premises; and Councillor Davis, a member of the Planning Advisory Committee, noted the concern expressed by City staff with respect to land-filling to increase parking at the rear of the property in view of sloping lot and potentially unstable soil conditions. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land at 325 Lancaster Avenue (L.R.I.S. Numbers 35295 and 55021943), having a combined frontage of approximately 41 meters, from Medium Density Residential to District Centre Commercial classification, be read a first time. Lawll. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By- Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A" Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land at 325 Lancaster Avenue (L.R.I.S. Numbers 35295 and 55021943), having a combined frontage of approximately 41 meters, from Medium Density Residential to District Centre Commercial classification, be read a second time. By-Law" . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two parcels of land at 325 Lancaster Avenue (L.R.I.S. Numbers 35295 and 55021943), having a combined frontage of approximately 41 meters, from "R-IB" One-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. John. Read a first time the by-law to amend the Zoning By-Law of the City of Saint Question ,being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By- Law of the City of Saint John, insofar as it concerns re-zoning two parcels of land at 325 Lancaster Avenue (L.R.I.S. Numbers 35295. and 55021943), having a combined frontage of approximately 41 meters, from "R-IB" One-Family Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a second time. John. Read a second time the by-law to amend the Zoning By-Law of the City of Saint Question being taken, the motion was carried. ""IIIl 580 On motion ~,of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. . Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a property at 11 St. Anne Street Extension (L.R.I.S. Number 319939), having an area of 10,000 square feet, from "R-2" One- and Two-Family Residential to "R-4" Four- Family Residential classification, to permit the conversion of the existing building to accommodate four furnished bachelor units, as requested by Mr. William T. Roberts, and that no written objections were received in this regard. No persons were present with respect to the proposed re-zoning. I Consideration was given to a letter from the Planning Advisory Committee recommending that 11 St. Anne Street Extension (L.R.I.S. Number 319939) be re-zoned from "R-2" One- and Two-Family Suburban Residential to "R-4" Four-Family Residential classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planing Act which would (1) allow the conversion of the two-unit building to a four-unit building; and '(2) prohibit the enlargement, expansion or change of use of the existing one-family house on the same lot.- f \ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property at 11 St. Anne Street Extension (L.R.I.S. Number 319939), having an area of 10,000 square feet, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. . Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re- zoning the proeprty at 11 St. Anne Street Extension (L.R.I.S. Number 319939), having an area of 10,000 square feet, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. ,I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the letter from Planning Advisory Committee regarding the above-proposed amendment be received and filed. the Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Larry Schneider, Mayor of Regina, Saskatchewan, expressing concern with regard to the new Railway Safety Act which was tabled in Parliament on January 18, 1988 and, as he states, will when it comes into force rescind the Railway Relocation and Crossing Act and virtually eliminate the municipality's ability to pursue railway relocations for urban development purposes, and recommending that this matter be referred to the Acting City Manager and appropriate staff for their comments following which Council can make its comments known to the FCM or to the standing committee on transportation -- be received and filed and the recommendation adopted. I .~ I. -- Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the report from the Acting City Manager explaining the conditions which make it very difficult to provide Ravenscliffe Court with snow plowing and salting/sanding services as good as those provided on a "normal" street, although a special effort is already given to Ravenscliffe Court and other similar streets to provide . ..4 JI"" ~e1 the best service possible; advising that the comment in the petition to Council on February 29, 1988 from residents of Ravenscliffe Court that it is cheaper for the City to serve them than many residents in outlying areas is incorrect in that, in terms of public work services, Ravenscliffe Court is presently one of the most expensive streets to serve in the entire City, and that the comment that sometimes the street is not plowed or sanded until the weather or ice conditions imp~ove is also incorrect as this street, like all others, is plowed and sanded or salted during the course of every storm; also advising that a recent inspection indicates that there is a sharp depression in the road at the turn which is the source of most of the problems described in the petition and that the reference to the experience of the plow operator is, perhaps, relevant because a different operator has sometimes been used to plow this street this year; and concluding that (1) the concerns raised by the petition are noted, (2) the snow control service provided on this street will be closely monitored, and (3) asphalt repair work will be done this s~~er to alleviate the depression described -- be received and filed and a copy be forwarded to the petitioners. . ,I Councillor Schermerhorn questioned the procedure used by staff to advise persons who submit letters to Council of Council's action and suggested that, together with forwarding a copy of the staff report to the person concerned, a telephone call should also be made to the concerned to explain the action taken by Council. ) Question being taken, the motion was carried. . Dr. Thomas Condon, President and Chairman of The Bi-Capitol Project Inc., addressed Council regarding the Board's opinion on what appears to be Council's position on the Bi-Capitol Project based on the Board of Director's review of the report of the Council committee in this regard which was submitted to Council on March 7, 1988. Dr. Condon read from the previously-submitted brief which outlines the efforts of The Bi- Capitol Project from its inception five and a half years ago; suggests that the overriding problem is a practical one, being a manner in which the capital funding gap can be closed to complete the project and establish a realistic and certain opening date for the Theatre; and expresses the opinion that there is a role for the Project's Board of Directors, the Federal and Provincial Governments, the City of Saint John, surrounding towns, the general public and the business and philanthropic communities to play in this endeavour. Dr. Condon requested Council to continue its discussions with the Board of Directors in a moral, political, or some combination, role and advised that the Board would welcome Council's full participation in policy and decision making from now on as a member of a four-party management committee, which the Board proposes should be formally established, composed of representatives of the Board of Directors, the Federal and Provincial Governments and the City of Saint John, and that this committee, working together, can determine how and when the Bi-Capitol Project can be brought to a successful conclusion. On motion of Councillor A. Vincent I Seconded by Councillor Knibb RESOLVED that the presentation of Dr. Thomas Condon, President and Chairman of The Bi-Capitol Project Inc., be laid on the table for one month and a meeting be held between the City and Board of Directors of The Bi- Capitol Project Inc., as well as with The Honourable Gerald Merrithew, Federal Minister of State for Forestry and Mines, in an attempt to resolve the matter. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the report from the Acting City Manager explaining that staff does not recommend additional repairs or construction to Post Office Road in Lorneville, as suggested in the letter to Council on February 29, 1988 from Mount Purple Loyal Orange Lodge No. 29, for the following reasons: (1) emergency repair has protected the road from washing and, from a technical standpoint, no additional repairs are required at this time, (2) any additional work would not be within the minimal maintenance guidelines for private roads and (3) at a time when Capital trans- portation dollars are required for hard services, such as curbs, sidewalks, streets, a project which would primarily be for aesthetics would not be a high priority; noting that Post Office Road is a private road and, as is the case with many other private roads, the City has historically provided a minimal level of service to Post Office Road in the form of snow plowing and minor repairs, and also noting that there is only one house served by the maintenance on this road -- be received and filed and a copy be forwarded to the Lodge. ,I Councillor Schermerhorn, asked that a representative of the Lodge also be contacted by City staff to explain the above action. Question being taken, the motion was carried. On motion of Councillor Schermerhorn J Seconded by Councillor Knibb RESOLVED that the letter from the Acting City Manager regarding a recommendation considered by Council in Committee of the Whole on March 7, 1988 with respect to the acquisition of an easement from Mr. David Mak at 1023 McCavour Drive which included a guarantee that the driveway would be repaired after installation of the line; advising that the recommendation should have indicated repaved rather than repaired and that the recommendation should be amended to read as follows: that an easement with an area of 1,250 square feet located in the driveway on the western side of the property at 1023 McCavour Drive be acquired from David Mak at a price of $2,200.00 plus $400.00 in legal fees, such easement to include the guarantee that, if the paved driveway on his property is disturbed or damaged during the installation of the pipe, it will be completely repaved within two weeks of completing the installation of the pipe between McCavour Drive and Mollins Drive -- be received and filed and the amended recommendation be adopted. . Question being taken, the motion was carried. ~ ~ 582 On motion of Councillor Schermerhorn Seconded by' Councillor Rogers RESOLVED that the letter from the Acting City Manager submitting a proposed amendment to the Skateboard By- Law, which is necessary with the recent resurgence in popularity of this activity and to deal with the problem areas encountered by the Police Force, and recommending that Council give first reading to the proposed amendment -- be received and filed: . AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Prohibiting The Use Of Skateboards On Streets", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By- Law Prohibiting The Use Of Skateboards On Streets". 'I The Mayor referred to Council's previous consideration of a skateboard facility proposal and asked where the use of skateboards will be permitted in view of the above-proposed amendment which would prohibit skateboarding on any street or in King and Queen Squares and Loyalist Plaza. Mr. Brownell referred to Council's adoption on August 3l, 1987 of a proposal whereby the City would assist the Fundy Skateboarding Association in the construction of a skateboard facility under certain conditions, and advised that staff, having discussed the Council resolution of August 31, 1987 with those concerned, plans to pursue the proposal further this spring upon return to the City from university of the interested persons. ( Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager regarding the recommendation from Committee of the Whole of February 29 which was tabled by Council on March 7 with respect to the transfer to Midland Transport Limited of land on McAllister Drive; advising that the Company has advised that the plan has been signed and will be returned to the surveyor and eventually be filed in the Registry Office; also advising that there is a good possibility that the transfer could be completed by March 31 but, if this is delayed in any of the final approvals, that date could be missed and, therefore, the closing date should be established as on or before April 15, 1988; and recommending that the recommendation concerning the transfer of land on McAllister Drive tabled by Council on March 7 be amended by changing the closing date to "on or before April 15, 1988", and by deleting the second recommendation concerning the increase in price. . On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, the date for transferring the property on McAllister Drive to Midland Transport Limited, which was authorized by Common Council resolution of July 6, 1987, be extended to on or before April 15, 1988. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the report from the Acting City Manager explaining why it is staff's opinion that neither of the suggestions made in letters to Council on February 29, 1988 by the solicitors for R. L. Duplisea and Co. Limited and from H. H. Hickman & Sons, Limited, with respect to the tender for electrical services and plumbing maintenance, are superior to the method that has now been adopted to ensure that the City obtains maximum value for its money; advising that, when tenders are called for 1989, staff will have more accurate figures to use for both apprentice and materials usage which may result in a revision of the weights placed on each of these for evaluation purposes, and recommending that the companies be thanked for their input and suggestions -- be received and filed and the recommendation adopted. .. Question being taken, the motion was carried. I' - Consideration was given to a letter from Councillor Davis, Chairman of the Finance Committee, and to the Acting City Manager's reports with regard to the operating highlights of the financial statements of The City of Saint John General Fund and The City of Saint John Water and Sewerage Utility for the year ended December 31, 1987, and the auditor's reports prepared by Coopers & Lybrand. Mr. Wilson read the report regarding the operational highlights of the General Fund which note-:that the General Fund has experienced an operating surplus for the seventh consecutive year with the excess of revenue over expenditures in 1987 being $22l,855.00, such surplus of $1,170,472.00 realized as a result of a containmment strategy involving a hold on filling vacant positions, directing the work force from maintenance work to capital projects, reducing equipment purchases and deferring some marginal programs to future years, when it became obvious to the administration that there existed a very real possibility that the General Fund would be in a deficit position at year end as a result of overexpenditures in some operational areas as well as unbudgeted expenditures approved by Council; advising that total expenditures amounted to $70,884,449.00 or $261,799.00 I . ~ JI"" 6N . I ~I . I . I I " . ~ more than was budgeted which represents less than half of one per cent of total City expenditures and speaks well of the control exercised over the total expenditure base and the success of the containment strategy, although a number of individual line items have either been over or underexpended as indicated; also advising that the actual revenue received by the General Fund amounted to $71,106,304.00 compared to a bUdgeted amount of $70,622,650.00, an increase of $483,654.00 which is largely related to three sources, namely, sale of goods and services, permits and fines; and concluding that as at December 31, 1987 the amount of the long-term debt was $35,337,725.00 compared to a high of $41,832,525.00 as at December 31, 1985, and that, should the amount of the long-term debt outstanding continue to decline according to the plan established in 1985, there will be more flexibility in the delivery of services to the citizens of the City in the years to come. Messrs. L. G. Wittrien and P. LeBlanc of Coopers & Lybrand were present at the meeting and during discussion Mr. Wittrien explained the tests carried out in terms of the audit in the area of inventory control and advised that, although in the past inventory adjustments at the end of the year were running in the area of 8% to 10% between the actual physical count and the amount recorded in the books, 1987 inventory adjustments were in the area of 1%, and Mr. LeBlanc stated that the financial position of the City is very good, the debt is declining and the fiscal charges are stabilized and advised that, with regard to the long-term debt position being on the decline, this is certainly an extremely healthy position for the City to be in and that the City is certainly getting into the position where it can afford to take on significant projects at some future date. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the financial statement of The City of Saint John General Fund for the year ended December 31, 1987, and the auditor's report thereon, be received and filed. Question being taken, the motion was carried. Mr. Wilson read the report regarding the operational highlights of the Water and Sewerage Utility which notes that the financial results of the Utility reflect better performance than what was originally contemplated when Council approved the 1987 budget with the actual revenue amounting to $13,283,790.00, total expenditures amounting to $13,131,194.00, leaving the Utility with an excess of revenue over expenditures of $152,596.00 in 1987, the total revenue amounting to $189,990.00 more than the budget and the direct operating expenses of $219,142.00 being more than the $7,452,100.00 which was budgeted; also advising that the Utility now has an accumulated deficit of $68,198.00 which is considerably less than the $220,794.00 and $188,425.00 that existed at the end of 1986 and 1985 respectively; and concluding that the trend which exists in the Utility indicates that the rate structure Council has approved is ensuring that the Utility is being adequately funded. During discussion the status of the proposed expansion of the Lancaster seweage lagoon was questioned. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the financial statement of The City of Saint John Water and Sewerage Utility for the year ended December 31, 1987, and the auditor's report thereon, be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager submitting a letter from the Legal Department advising of a request from Mr. Ralph J. Stephen, solicitor for Mr. and Mrs. Joseph O. Woods, the owners of a property at 4 Summer Street, for an easement permitting the encroachment of their building on Summer Street, and recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the Mayor and Common Clerk be authorized, in consideration of one dollar ($1.00) to execute a grant of easement in favour Joseph O. Woods and Alice M. Woods to permit the encroachment upon Summer Street of their building at 4 Summer Street, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 7, 1988, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, MacDougall, Rogers, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 564 ~ 1. That with regard to the employees in the Human Resources and Legal Departments whose salaries are tied into article 26B - Classifications - Salaries - All Employees, of the Local No. 486 collective agreement, Council adopt the recommendation of the Acting City Manager that such non- union administrative employees be granted the same changes in fringe benefits with respect to vacations which were granted the relevant union employees and that salaries for these non-union administrative employees be increased by 4.25% effective January 1, 1988, a further 4.25% effective January 1, 1989 and a further 4.50% effective January 1, 1990. 2. That with regard to the request of the Fundy Recreation Integration Council for Common Council to review the 1986 request of the Canadian Association for the Mentally Retarded Saint John Branch Inc., now the Saint John Association for Community Living, for Common Council to adopt a statement of policy of non-discrimination for all disabled citizens, Common Council adopt the recommendation of the Acting City Manager that the City not adopt the broad statement of policy as proposed in 1986 by the Association but continue with its policy of working with the various advocate groups to provide service delivery to the disabled. . J 3. That as recommended by the Acting City Manager, Council agree to. accept $2,000.00 from D & F Amusements Ltd. as full payment for the license fee for the years 1986 and 1987 with respect to its bumper boats and miniature golf operations at Rockwood Park. r 4. That as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement with Canadian Union of Public Employees, Local No. 18, with regard to the filling of permanent and established positions. March 14, 1988, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above I' "=' report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 4 of the . above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Saint John Tourism Advisory Commission extending congratulations to the City on the obvious success of the World Chess Festival in raising the City's profile in many parts of the world and in creating an awareness of Saint John and of New Brunswick by means of the extensive media coverage given the Festival, encouraging the Mayor and Council to continue to pursue future endeavours of this nature and offering its full support be received with appreciation and referred to Mr. John Reid, Chairman of World Chess Festival. .1' .~- Question being taken, the motion was carried. 1 '''--"- On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, (1) the sum of $4,464.00 be accepted as money-in-lieu of land for public purposes with respect to the E. L. Woods Estates Subdivision, 500 Grandview Avenue, and (2) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provision of the required storm sewer and street improvements. . Question being taken, the motion was carried. ...oIIIl ,.... 585 On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the subdivision of land for the Westwood Subdivision, 80 Manchester Avenue, shown on the submitted plan in the manner illustrated thereon, and also assent to one or more subdivision plans corresponding to one or more phases, (2) the sum of $10,140.00 be accepted as money-in-lieu of land for public purposes for the entire subdivision or individiual payments of $4,440.00 and $5,700.00 for Phases 1 and 2, respectively, and (3) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of required municipal services. ~I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the memorandum from Provincial- Municipal Council Inc. submitting a response from the Minister of Finance to Council's resolution to the February 14, 1987 Cities of New Brunswick Association meeting concerning the redressing of imbalances in levels of taxation and services, indicating that the discrepancy in non-residential rates does not arise from the Provincial portion as the full Provincial rate of $1.50 per $100.00 of assessment is included in both cases and the discrepancy arises from the great variation in local rates within municipalities and outside municipalities and that the property tax rates set by municipalities and local service districts are based on services provided and, while it is recognized that the Province provides services to businesses located in municipalities, in both cases it collects property taxes at the rate of $2.25 per $100.00 of assessment -- be received and a letter be prepared explaining Council's dissatisfaction with the Minister's response, such letter to be forwarded to Mayor Bruce MacIntosh, President of the Cities of New Brunswick Association. I The motion originally proposed by Councillor Schermerhorn and seconded by Councillor Flewwelling to receive and file the above memorandum was withdrawn with the consent of the mover and seconder during discussion when it was noted that the Minister's response does not relate to the City's request for a review of the unconditional grant formula and adjust same to take into consideration that municipalities and non-incorporated areas bordering on a central municipality derive many services from that central municipality without sharing in the cost thereof while continuing to enjoy lower' tax rates; and the suggestion was made that the City should go directly to the Minister of Municipal Affairs in this regard, and it was also suggested that Council should discontinue its membership in the Provincial-Municipal Council. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. Louis Doucet for the re-zoning of property on Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 25, 1988. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~~~~;kd ~ommon Clerk ~ ~ -. ~- . l_