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1989-10-10_Minutes 82-8 COMMON COUNCIL OCTOBER 10, 1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the tenth day of October, AD. 1989, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers, A Vincent and M. Vincent. - and - Messrs. G. Taylor, 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; P. Groody, Commissioner of Human Resources; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; J. Johnson Building Inspector; G. Tait, Deputy Fire Chief; C. Cogswell, Deputy Chief of Police; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend David Jamer of Christian and Missionary Alliance Church 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 October 2, 1989, be approved. Councillor Fitzpatrick asked the status of the report requested at the above meeting on the cost to the City to host the Cunard Princess cruise ship, to which Mr. Taylor replied that staff anticipates reporting on this matter at the next meeting of Council. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By-Law text amendment to delete from Section 880(10) the words "Commissioner of Works" and insert in their place "Building Inspector", to permit the Building Inspector to prepare the estimate for the rehabilitation bond for gravel pits, and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending that the Zoning By-Law, Section 880(10) be amended by deleting the words "Commissioner of Works" and inserting in their place "Building Inspector". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 880(10) by deleting the words "Commissioner of Works" and inserting in their place "Building Inspector", 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. 82-9 COMMON COUNCIL OCTOBER 10, 1989 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 880(10) by deleting the words "Commissioner of Works" and inserting in their place "Building Inspector", 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 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. Her Worship the Mayor called for a motion to add to the agenda of this meeting the City Manager's report concerning morning rink openings, and appointments to The Market Square Corporation (which were considered in Committee of the Whole earlier this date.) On motion of Councillor Knibb Seconded by Councillor A. Vincent 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 Coughlan RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Vaughn Blaney, Minister of the Environment, expressing appreciation for the opportunity to address Council on September 18 regarding various environmental issues of interest to the City; submitting an outline of his proposal for a New Brunswick - Saint John Environmental Consultation Committee, the establishment of which will be a major step forward in bringing the focus on the issues and enable a more efficient use of both Provincial and municipal resources in this respect; and advising that he is making a formal request to Environment Canada that it be represented on the Committee -- be received and filed and Council endorse the proposal. 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, the Mayor and Common Clerk be authorized to execute a Letter of Agreement with Local No. 18, C.U.P.E., concerning the early opening of City rinks. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that Messrs. Henry Meinhardt 82-10 COMMON COUNCIL OCTOBER 10, 1989 and Harold Stafford be re-appointed to The Market Square Corporation for a term of two years. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that the New Brunswick Municipal Finance Corporation is planning a bond issue in the very near future as a result of a recent improvement in bond market conditions, and that the Corporation believes that an issue can be sold within the following terms and conditions: term - serial form to mature in equal annual amounts over a term not to exceed 10 years; interest rate - not to exceed an average of 11.25%; price, net - not to be less than $98.00 per $100.00 of debenture; and recommending that, with regard to the City's need to borrow $8,800,000.00 which was the subject of a Notice of Motion to Council on July 17, 1989, the submitted resolutions be adopted. On motion of Councillor Knibb Seconded by Councillor Rogers 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 Waring Street $4,866; King Square South $161,722; Somerset Street $106,148; Rothesay Avenue (Superstore) $19,870; Ashburn Lake Road $277,685; Carmarthen Street $5,273; Charles Street West $51,086; Charlotte Street Central $1,388; Churchland Road $26,539; Cliff Street, $25,167; Crackfilling $8,957; Dever Road $83,521; Douglas Avenue $169,728; Drury Cove Road $2,645; Duke Street $39,067; Durham Street $68,809; Edith Avenue $106,126; Hawtrey Street $34,355; Hillcrest Road $35,524; Kerr Road $12,597; Lakewood Avenue $1,682; Lancaster Street $169,851; Landfill Site $64,440; Lowell Street $75,514; Mallette Road $28,012; Metcalf Street $15,846; Milford Road $60,944; Morris Street $42,430; Morrison Road $39,465; Newport Crescent $5,669; Olive Street $40,348; Operations Complex $212,402; Reinstatements $23,582; Polaris Court $75,735; Prince Street West $46,022; Richard Street $31,188; Rodney Street $99,849; Russell Hill Road $29,192; Tower Street $36,650; Union Street $33,331; Waterloo Street $173,877; Wentworth Street $23,025; Westmorland Road $106,310; William Street $24,434; Winslow Street $88,991; Woodward Avenue $7,818; Works Department Complex North $11,387; Skywalk $8,575; City Road #100 (City Share) $30,124; Old Black River Road $5,290; Germain Street $168,350; Works Department Complex East $73,066; Golden Grove Road $30,528 -- $3,125,000. Environmental Development Subdivision Cost-Sharing $293,329; Housing Through Infill Development (HID) $73,147; City Hall Renovations $44,722; Greater Residential Incentive Program (GRIP) $947,802; City Market Renovations $216,000 -- $1,575.00 Public Transit -- $500,000 Total General Fund $5,700.000 WATER AND SEWERAGE UTILITY Water System Instrumentation $263,042; Park Street $49,004; Glen Falls $91,826; Highmeadow Park $4,268; Wigmores Vault $119,559; Latimer Lake Building $51,405; Clarendon Street $88,263; Douglas Avenue $84,958; Hill Heights Road $130,431; Operations Complex $298,658; Richard Street $74,176; Rothesay Avenue $11,039; Service Box Renewal $114,563; Waring Street $18,230; West Side - Pressure Reducing Valve $80,195; Wilton Street $82,040; Bentley Street $1,664; Loch Lomond - Land Purchases $18,000; Main Street North $125,000; Sherbrooke Street $60,419; Spruce Lake 82-11 COMMON COUNCIL OCTOBER 10, 1989 System $25,693; Latimer Lake Flume $2,668; Loch Lomond Phinney Hill $4,899 -- $1,800,000 Sewer System Keirstead Road $44,228; Adelaide Street $19,067; Chesley Drive $43,143; Clarendon Street $56,041; Cliff Street $15,733; Courtenay Avenue $12,907; Douglas Avenue $80,499; Ferry Terminal $29,112; McAllister Place $126,198; Operations Complex $33,672; Waring Street $10,816; Douglas Avenue $4,111; Wilton Street $77,354; Instrumentation $250,687; McCavour Drive $54,625; Old Black River Road $5,953; Local Drainage $50,882; Millidge Avenue $36,531; Valleyview Crescent $17,831; Flood Risk Area $1,500; Lancaster Sewerage Treatment Plant $21,561; Fairville Boulevard $13,758; Hazen Creek $52,383; Lancaster Lagoon $33,266; Eastern Land Bank Storm $104,851; Sewer Easement - Exhibition Park $25,000; Woodward Avenue $12,129; Manners Sutton Road $8,510; Kingsville Road $6,733; Prince Edward Street $15,458; Josselyn Road $35,461 -- $1,300,000 Total Water and Sewerage Utility - $3,100,000 Total for all purposes - $8,800,000 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 $8,800,000. The Mayor asked if the expenditure of $227,685.00 for Ashburn Lake Road was the amount paid the contractor to which Mr. Robichaud replied in the negative and explained that the contractor was paid strictly for chipsealing and City forces did the sub-base, ditching and other work, and also that City Staff is reviewing the recently-received consultant's report on Ashburn Lake Road and should be submitting a report to Council within the next two weeks. Question being taken, the motion was carried. Seconded by Councillor M. Vincent 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 $8,800,000.00 on such terms and conditions as are recommended by the Corporation: 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: 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 an average of 11.25% and 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. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt September 27 - October 3, 1989 $30,446.43 Councillor Coughlan expressed concern that it might be the intent to asphalt the otherwise green common areas between street curbs and sidewalks, 82-12 COMMON COUNCIL OCTOBER 10, 1989 particularly on Douglas Avenue, to which Mr. Robichaud replied that staff recommends that asphalt be placed in such areas due to the difficulty and cost to maintain these green areas because of winter kill from salt or plow damage; however, the City will grass an area at the request of an adjacent property owner if the owner agrees to maintain the area. The Mayor concurred with Councillor Coughlan in his concern about beautification and, in expressing the understanding that the Strategic Plan requested co-operation from residents in assisting with green area, suggested that Douglas Avenue residents should be contacted to determine if they would maintain the green common areas. Question being taken, the motion was carried. Mr. D. Ferguson of 579 Rothesay Avenue addressed Council concerning problems arising from the flood risk area and the quarry and cement plant operation at 170 Ashburn Road as outlined in his previously-submitted brief, and expressed concern that he experienced a four-day water loss to his property due to excavation by Mr. Floyd Williston in the flood risk area. Mr. Ferguson advised that, having discussed this matter with Mr. Williston two or three days after this occurrence, Mr. Williston told him that the City required him to dig catch basins in the area, and he asked if subsections 6 and 8 of section 41.2 of the Flood Risk Area By-Law are still in effect and, if so, has appropriate compensation been made by those concerned as provided for therein. Mr. Ferguson also expressed concern about the amount of excavation, the excessive dust and the blasting being done at the quarry on Ashburn Road and questioned which level of government has jurisdiction in these matters. Mr. Johnson, in response to Mr. Ferguson's presentation, advised that the Section 39 agreement does not specifically address the issue of the quarry operation and that he referred earlier this date some of the collateral matters to the Legal Department for advice. Councillor M. Vincent suggested that staff should prepare for Council a detailed report on the status of this matter based on Mr. Ferguson's past and present addresses to Council dealing with his water supply and blasting in the area; and during discussion Mr. Johnson advised that, other than the issues referred to the City Solicitor, there is some issue with respect to compliance with the Section 39 agreement with which staff has been dealing for almost a month; and Mr. Ferguson advised that his water supply has been restored. The Mayor thanked Mr. Ferguson for his presentation and advised that Council would render a decision in this regard later in the meeting. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of abrasive sand for the 1989 winter season be awarded as indicated in the submitted summary of bids. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that in accordance with the recommendation of the City Manager and the Fire Chief, the warrants of Messrs. Robert Walton and Andrew Walton of the Saint John Salvage Corps & Fire Police be cancelled. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that a potentially-hazardous situation has developed on Grandview Avenue in the vicinity of the Community College which concerns the management of the College as well as staff of the Engineering, Police and Municipal Operations Departments in that students are parking vehicles on the south side of the roadway adjacent to driveways at the College thereby restricting sight distance for any vehicle leaving the driveways and creating a real potential for accidents; also advising that City policy respecting arterial streets, 82-13 COMMON COUNCIL OCTOBER 10, 1989 such as Grandview Avenue, has been moving towards conformance with the national policy as prescribed by the Roads and Transportation Association of Canada which states that the primary function of an arterial street is to provide for the movement of through traffic and to allow direct access to abutting property and that, wherever the primary function is being usurped either by an excessive number of access points (driveways) or by improper curb use (parking), corrective measures should be taken to restore the primary function, and further that, although roadway conditions including grades, curves and widths generally discourage roadside parking on Grandview Avenue, legislation should be available to circumvent any potential problems such as the one at the Community College and to ensure that snow clearing operations are not impeded during winter months; further advising that there will be minimal financial implications because only a few signs will be required which can be covered in the maintenance budget; and recommending that first and second readings be given to the submitted Traffic By-Law amendment and that the proposed amendment be referred to the Legal Department for appropriate action. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Street In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Grandview Avenue, be read a first time. Read a first time the by-law entitled, "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". Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould 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", with regard to parking on Grandview Avenue, 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, And Amendments Thereto". It was suggested that, prior to third reading of the above-proposed amendment, staff should check with businesses on Grandview Avenue from the intersection of Black River Road to Hickey Road to determine if the enactment of the amendment will have a negative impact on them. Question being taken, the motion was carried. Read a letter from the City Manager submitting a letter from the Legal Department advising of a request from Mr. James Dobbin, solicitor for Sylvia McAloney, for an easement permitting the encroachment on Summer Street of his client's building at 55 Summer Street, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Sylvia McAloney to permit encroachment of her building upon Summer Street, such easement to terminate with the destruction or 82-14 COMMON COUNCIL OCTOBER 10, 1989 removal of the encroachment. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor referring to the July 25, 1988 enactment of a Zoning By-Law amendment with respect to 500 Westmorland Road pursuant to a Section 39 agreement, and to a subsequent application of Clearview Mobile Homes Ltd. for re-zoning of additional land lying north and immediately adjacent to the 1988 re-zoned area, which was the subject of a public hearing on June 19, 1989 and given first and second readings on July 4, 1989; explaining that, during discussions with representatives of Clearview and the potential buyer for a portion of the land, a problem was discovered with the use of a Section 39 agreement with respect to the 1989 proposed re-zoning, which would include the portion of the re-zoned area that Clearview was proposing to sell in that the provisions of the Community Planning Act make a subsequent purchaser responsible under the Section 39 agreement for conditions on the remaining land which would still belong to Clearview; also explaining that, to remove the problem associated with subdividing land which is covered by a Section 39 agreement, the applicant in his new application is requesting that the 1988 parcel be re-zoned back to "1-2" Heavy Industrial from "SC" Shopping Centre classification and that, when and if re-zoning occurs, the applicant would then resubmit two applications to reflect the rearranged parcels so that the Section 39 agreement can apply to the portion that is being retained by Clearview and a separate Section 39 agreement would cover the portion which Clearview intends to convey; and concluding that the reason for this report is to explain why the 1988 re- zoned land is being re-zoned back to its original classification and that, if the matter is referred to the Planning Advisory Committee, a more detailed report will probably come forward when the Planning Advisory Committee gives its views to Council. Consideration was also given to a letter from Clark, Drummie & Company, solicitors for Clearview Mobile Homes Ltd., submitting an application to re- zone lands on Westmorland Road from "SC" Shopping Centre to "1-2" Industrial classification, because of problems with the existing zoning and the related agreement because of a legal interpretation being given to Section 39 of the Community Planning Act which requires their client to undertake to re-zone the lands from Shopping Centre to Industrial and, should this be successful, their client would then reapply for new zoning with two separate applications and two separate Section 39 agreements; and requesting that the City of Saint John not proceed with the third reading for the re- zoning application dated May 11, 1989 and given first and second readings on July 4, 1989, and that this application be withdrawn forthwith. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Council not proceed with the third reading of the re-zoning application of Clearview Mobile Homes Ltd. dated May 11, 1989 and given first and second readings on July 4, 1989, and that the application be withdrawn forthwith, and further that the application of Clearview Mobile Homes Ltd., dated October 5, 1989, for the re-zoning of property at 500 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 November 20, 1989. Question being taken, the motion was carried. Read a letter from the Assistant Common Clerk submitting the following resolution which was adopted in Legal Session of Council on October 2, 1989, regarding the proposed Paul Chase Subdivision at 881 Sand Cove Road: "Resolved that the proposed Paul Chase Subdivision at 881 Sand Cove Road be readdressed in open session of Council on Tuesday, October 10, 1989, and that Council not meet privately with the Planning Advisory Committee in this regard, and further that the City Solicitor's letter in this regard be made public." Consideration was also given to the previous letter from the Planning Advisory Committee, which was tabled on September 25, 1989, regarding the proposed subdivision at 881 Sand Cove Road, recommending that (1) Council approve the 82-15 COMMON COUNCIL OCTOBER 10, 1989 location of the street and land for public purposes; (2) Council assent to one or more subdivision plans prepared in accordance with the 17-lot Proposal "B", showing the widening of Keans Road, land for public purposes and a municipal services easement; (3) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure the provisions of the required services; and (4) the subdivision agreement include a clause requiring the Development Officer's approval of a detailed site plan showing driveway locations for each dwelling. Consideration was also given to the previous joint letter from Messrs. Tom Vihvelin and George Richardson, and to the previous letter from Mr. Peter J. K. Foss and Mrs. Lynn M. Foss, which were tabled on September 26, 1989, regarding the proposed subdivision matter; and to a letter from Mrs. Joan Parfitt regarding the proposed subdivision. Consideration was also given to a letter from the Planning Advisory Committee advising that the Committee passed a motion at its October 3, 1989 meeting that the Planning Advisory Committee members endorse the Chairman's decision to send a letter to the Mayor and that this resolution and the subject letter be forwarded to Council, and submitting a copy of the letter to the Mayor dealing with the subject of the Paul Chase Subdivision at 881 Sand Cove Road, informing her of the Committee's procedural policies in view of her comments in the Committee's closed session of September 19. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that, due to the safety hazard created by the driveways onto the "S" turn of Sand Cove Road, it be considered by the Planning Advisory Committee in conjunction with the developer that the driveways meet a street within the subdivision which would circle from the cul-de-sac along the south end of all lots to Keans Road, and that the recommendation of the Planning Advisory Committee regarding the proposed Paul Chase Subdivision at 881 Sand Cove Road be denied. Question being taken, the motion was carried with the Mayor and Councillor Davis voting "nay". Councillor Flewwelling proposed a motion regarding the land for public purposes at the above-mentioned subdivision whereupon the Mayor made the observation that Council adopted a motion to deny the subdivision and that the proposed motion is not necessary. Deputy Mayor Gould asked the legality of the above motion to which Mr. Rodgers expressed the opinion that the resolution is satisfactory based on his understanding that the resolution rejects the Planning Advisory Committee's recommendation and asks the Committee to consider another alternative dealing with streets, and suggested that, at this point, Council should await a response from the developer and/or the Committee. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above letter from the Planning Advisory Committee regarding its procedural policies be received and adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the above letter submitting the Legal Session resolution, the previous letters from the Planning Advisory Committee, Messrs. Tom Vihvelin and George Richardson, and Peter J. K. Foss and Mrs. Lynn M. Foss, and the letter from Mrs. Joan Parfitt, be received and filed. At the request of Councillor Coughlan, Mr. Rodgers explained that his 82-16 COMMON COUNCIL OCTOBER 10, 1989 advice to Council not to meet privately with the Planning Advisory Committee regarding the proposed Paul Chase Subdivision was based on the fact that the matter was not concluded, and noted that the resolution adopted above indicates that the issue is still open for negotiation, discussion and further decision that may require further recommendations from the Planning Advisory Committee; therefore, Council could be required at some future time to deal publicly with a recommendation from the Committee. 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 October 2, 1989, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, RGL Developments Ltd. be given an option to lease/purchase the so-called George Street site, including the land presently occupied by George Street, on the following terms and conditions:- 1. (a) the option will be for the period ending December 31, 1990; (b) during the option period, RGL will submit a detailed proposal for the site including detailed conceptual development plans and schedules, the schedule to indicate a construction start of no later than June 30, 1991; 2. disposal of the site - if the proposal and schedules are acceptable to the City, the following will be the disposal terms:- (1) freehold - the sale price will be $365,000.00 (2) leasehold .1 the lease will be for a period of 66 years commencing from the date construction begins; .2 the rent for the first two years will be $1.00; .3 the rent for the next two years will be $30,000.00; .4 the rent for the next twenty-one years will be $38,500.00; .5 rent for the succeeding sixteen-year, fifteen-year, ten-year period during the term of the lease shall be one per cent (1 %) above the average of government of Canada Bonds having at least 20 years to run, of the value of the land determined for the particular period; .6 the lease will contain two options to purchase: (a) during the first six years at a price of $365,000.00; (b) during the twenty-fifth year of the lease at market value; (3) If the proposal submitted is accepted, the City will undertake to close George Street, with the City neither implicitly or explicitly obligated to do so. 2. That as recommended by the Saint John Board of Police Commissioners, Mr. Mark Giberson be appointed as the City's nominee to the boards of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., Union grievances 89-17 concerning Assistant Deputy Chiefs doing bargaining unit work, involving articles 1 :01, 2:01, 4:01 and others; 89-29 concerning duty officer non- union, involving articles 1 :01, 2:01 and others, and 89-23 concerning Assistant Deputy Chief McNamee doing bargaining unit work, involving article 7:01, the Memorandum of Agreement concerning Assistant Deputy Chiefs, and others of the current working agreement between Local No.61, C.U.P.E., and the City of Saint John; and that Mr. Gary Lawson be appointed as the City's nominee in the matter of an arbitration dealing 82-17 COMMON COUNCIL OCTOBER 10, 1989 with Local No. 61, C.U.P.E., Union grievance 89-22 concerning vacancy - staff inspector, involving articles 8(20), 8(22), 9(5) and others of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 3. That as recommended by the City Manager, Site "H" on Chesley Drive (L.R.I.S. Number 426122) be sold to Westmorland Leasing Corp. under the following terms and conditions:- (1) the purchase price to be $328,000.00; (2) the Company be given an option at a cost of $1.00 to purchase the land for this price with the option period to end January 31, 1990; (3) as a condition of exercising the option, the Company will present more detailed development plans for review and approval by City staff, and also provide a detailed schedule showing start and completion dates for the project; (4) construction must begin within six months of approval of the development by the Urban Renewal Co-Ordinating Committee and the City will retain an option to reacquire the property for the purchase price if construction does not start within this period; (5) the City will provide a survey plan of the site which will illustrate the location of the property lines; and (6) the Company will prepare the option for approval and execution by the City. 4. That as recommended by the City Manager, the lease of the first and second levels of the former Lipton Tea packing warehouse to Ampal Pallets Inc. be extended to December 31, 1989 at a rental of $1,800.00 per month payable in advance with the lessee being required to heat the premises, and all other clauses in the lease to remain as at present. 5. That as recommended by the City Manager, (1) funding in the amount of $288,621.00 be included in the 1990 Capital Budget for the implementation of a Hazardous Material Response Team in the Saint John Fire Department to respond, under certain conditions to regional needs, such program only to proceed if 50 per cent funding is received from the Federal Government; and (2) a submission be made to the Federal Government through the Provincial Emergency Measures Organization for 50 per cent funding, subject to the conditions outlined in the submitted report relative to providing a regional service, such submission to include both the capital cost and the appropriate operating costs. 6. That as recommended by the City Manager, Mr. Edward Jones be advised that the City is not prepared to sell the land at 321 Princess Street for a price of $2,400.00 7. That the Common Council of the City of Saint John support the Charles I. Gorman Memorial Race and the New Brunswick Outdoor Speedskating Championships to be held at Lily Lake on January 13, 1990. Tuesday, October 10, 1989, Saint John, N. B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. (Rescinded May 7, 1990 Bk. 82 pg. 387 ) Question being taken, the motion was carried, with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. 82-18 COMMON COUNCIL OCTOBER 10, 1989 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Mr. Todd, in response to a query of Councillor Flewwelling, advised that it is the City's practice to provide a survey plan on parcels of land for which proposals are called. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded By Councillor M. Vincent RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb 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 M. Vincent Seconded by Councillor A. Vincent RESOLVED that the presentation by Mr. D. Ferguson regarding the flood risk area and the quarry and cement plant operation at 170 Ashburn Road be referred to the City Manager for a complete report to Council outlining the history up to the present time of what has happened in the area, including the requirements for the flood risk area and the matter of blasting and other information that would be of benefit to Council. Question being taken, the motion was carried. Read a letter from the Planning Advisory Committee regarding the application of Scott Bros. Ltd. for the re-zoning of property at Heather Way, which was tabled at the public hearing of September 11, 1989 with no readings given; advising that the applicant presented a revised proposal which responded to the concerns of the adjacent property owner and that the submitted supplementary report from the Planning Department was considered by the Committee on October 3, 1989 at which 82-19 COMMON COUNCIL OCTOBER 10, 1989 time Mr. Ken Biron, the owner of the adjacent apartment development, addressed the submitted letter requesting a further modification to the location of the fence separating the two properties and that, after a short discussion between the applicant and Mr. Biron, it was agreed that the fence would be located 7 feet from the rear property line with landscaping on both sides, and that condition (b) of the staff recommendation was modified so as not to require the fence to be located on the rear property line; also advising that the Committee granted a variance to permit a reduced lot depth in one portion of the development and that a street name will be dealt with at a later date by the Committee; and recommending that (1) a 5-acre parcel of land located on the east side of Heather Way (L.R.I.S. Number 342220) be re-zoned from "RS-2" One- and Two-Family Suburban Residential and "RM-2" High-Rise Multiple Residential to "RM-1" Three-Storey Multiple Residential classification subject to a resolution pursuant to Section 39 of the Community Planning Act which would require (a) the developer to develop the land in accordance with the "revised proposal" including the proposed cross section; (b) that a fence be constructed separating the proposed development from the adjacent apartment development in accordance with drawings to be approved by the Development Officer; and (c) that landscaping be developed and maintained in accordance with a plan approved by the Development Officer; (2) Council assent be given to a subdivision plan for the lands to be completed in conformity with the submitted plan showing a new street and land for public purposes; and (3) Council authorize the execution of a subdivision agreement which will ensure the provision or required services, including decorative street lighting. Consideration was also given to a letter from Mr. Ken Biron, Park Place Apartments, suggesting a compromise position which would be to the benefit of both the Scott Bros. Ltd.'s development and the 230-unit Park Place Apartments complex, and requesting the opportunity to address Common Council prior to a decision being made on the application of Scott Bros. Ltd. for the re-zoning of property on Heather Way, to explain the reasons for the required minor modifications. The Mayor made the observation that Council could either proceed with first and second readings of the above-proposed re-zoning or request that the matter be tabled so that consideration can be given to Park Place Apartments' proposal and, in response to Councillor Flewwelling's proposed motion to table the matter so that the situation can be resolved, the Mayor proposed that the matter be referred back to the Planning Advisory Committee with the request that it take into consideration the request that is contained in the above letter from Mr. Biron, and Councillor A. Vincent seconded the proposed motion. Councillor Knibb spoke in opposition to the tabling motion on the basis that Council has already considered the matter and it appears to have been resolved. Councillor A. Vincent questioned the propriety of discussion on a tabling motion whereupon the Mayor made the observation that the matter is not being tabled but being referred back to the Planning Advisory Committee, and discussion ensued regarding the nature of the motion on the floor during which time Councillor Knibb proposed that the By-Law amendment be given first reading, and Mr. Bedford advised that the above letter from Mr. Biron was addressed by the Planning Advisory Committee and expressed the understanding that the Committee's recommendation to Council resolves Mr. Biron's problems; and the proposed motion was withdrawn with the consent of the mover and seconder. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 5-acre parcel of land located on the east side of Heather Way (L.R.I.S. Number 342220), from "RS-2" One- and Two-Family Suburban Residential and "RM-2" High-Rise Multiple Residential to "RM-1" Three-Storey Multiple 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. 82-20 COMMON COUNCIL OCTOBER 10, 1989 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 5-acre parcel of land located on the east side of Heather Way (L.R.I.S. Number 342220), from "RS-2" One- and Two-Family Suburban Residential and "RM-2" High-Rise Multiple Residential to "RM-1" Three-Storey Multiple 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 Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to a subdivision plan of Scott Bros. Ltd. for property on the east side of Heather Way for the lands to be completed in conformity with the submitted plan showing a new street and land for public purposes; and (2) Common Council authorize the execution of a subdivision agreement which will ensure the provision of required services, including decorative street lighting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letters from the Planning Advisory Committee and Mr. Ken Biron regarding the above matter be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letters from the Major Tournament Committee advising of the members' resignation from the Committee based on Common Council resolution of September 11, 1989 confirming and continuing the Committee under the stated terms of reference; suggesting that Council can now appoint its new Committee in accordance with this resolution and that, due to existing commitments of a national nature, such appointments should be made quickly; and indicating that the present members would be willing to be reappointed if Council so wishes --be received and filed and that, because of their past service, the present members be reappointed to the Major Tournament Committee and that Mr. J. Flynn be reappointed as Chairman. With respect to the three-year term for the Major Tournament Committee members, Councillor Fitzpatrick suggested that the terms should be staggered so that there would be continuity on the Committee and the Mayor proposed that, because the present membership is currently involved in negotiations of a national nature, the members should be reappointed following which Council can consider in the very near future the matter of staggering the terms. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from The Honourable Jane Barry, Minister of State for Childhood Services, regarding the recently-announced initiatives which will be undertaken by the Province to promote a 82-21 COMMON COUNCIL OCTOBER 10, 1989 better understanding between various communities in the Province; advising that the concept of twinning whereby a community in one part of the Province is twinned to another will promote understanding among New Brunswickers and, as well, will be an extension of the "Welcome Spoken Here" program of the Department of Tourism; expressing the understanding that literature on this program will be available and that some funding will also be available to assist, and encouraging Saint John, as the largest City in the Province, to take advantage of this opportunity to participate in what could be a meaningful experience for many of the citizens -- be received and filed and the Minister be advised of the action taken by Council at its last meeting in this regard. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Merchants of Canterbury Street requesting some response as to whether or not Canterbury Street will receive upgrading or remain neglected -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from residents requesting the placement of a four-way stop sign on the corner of St. John and Lancaster Streets -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. John L. Merzetti of 129 Leinster Street noting the great deal of garbage strewn up and down both sides of many streets, one such occurrence having been on garbage pick- up day on Leinster Street; asking if there is a by-law which prohibits putting out garbage before a reasonable hour of collection, and suggesting that something should be done to clean up the City streets -- be referred to the City Manager and the City Solicitor for a report to Council. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the Men of Fundy Barbershop Chorus advising that it will be travelling to Holland to assist in the 45th anniversary celebration of the liberation of that country in response to an invitation from the Con Amore Choir of Aalsmeer which was in Saint John for the Bicentennial celebrations; and requesting any financial assistance that the City may be able to provide in order to assist the Chorus in making this trip -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from the Skate '90 Committee of The Centracare Foundation Inc. requesting Common Council to support Skate '90 which is to be held on January 27, 1990 at Lily Lake in a manner similar to that of previous years -- be received and filed and the City of Saint John support this event. 82-22 COMMON COUNCIL OCTOBER 10, 1989 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that letter from Hospitality Saint John requesting Common Council to seriously review its budget priorities to allow for providing an overall cleaner City, in particular, that special allowances be made to mowing the grass and weeds along streets and highways in the City -- be referred to the City Manager for consideration in the 1990 budget. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the Mayor of Cormier Village on the tragic accident involving the Leger and McGraw families. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk