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1989-12-04_Minutes 82-99 COMMON COUNCIL DECEMBER 4, 1989 At a meeting of the Common council, held at the City Hall in the City of Saint John, on Monday, the fourth day of December, AD. 1989, at 7:00 o'clock p.m. present Elsie E. Wayne Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A 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; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; J. Brownell, Director of Recreation; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; C. Cogswell, Deputy Chief of Police; S. Lodhi, Manager of Property Management; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend John Nesbitt of St. Andrews and St. David's United Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the minutes of the meeting of Common Council, held on November 27, 1989, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed December 4 to 8 to be St. Joseph's Hospital Appreciation Week in the City of Saint John; welcomed to the Council Chamber Louise Cave, A Girl Guide Leader, and Girl Guides Alicia Grey and Julie Wood, who were working on their citizenship badges, and briefly explained the Council meeting procedure. The Mayor commended Mr. Donald O'Leary, Director of Economic Development, on having been elected as a Director of the Industrial Developers Association of Canada by the members of the Association at large by secret ballot; made a public service announcement on behalf of the Great North District Scouting's sponsorship of a food drive on December 9 for the North End Food Bank; and noted that December 1 to 7 is Canada's Safety Council National Safe Driving Week. Councillor Rogers noted that Centracare's Christmas tree lighting ceremony is scheduled for December 5. On motion of Councillor Flewwelling Seconded by Councillor A Vincent RESOLVED that the Building & Technical Services Report for October 1989, and information on VIA Rail Canada's "The Way To Go" Conference (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. At Councillor Coughlan's request, Mr. Robichaud commented on the City's snow plowing operations in view of the record snowfall in Saint John on December 3. The Common Clerk advised that the necessary advertising was completed with respect 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 located at 164 Loch Lomond (L.R.I.S. Numbers 317412 and 55021083), from 82-100 COMMON COUNCIL DECEMBER 4, 1989 Low Density Residential to Light Industrial classification, to permit the continuing use of the property for the sale and repair of small engines, chain saws and lawn, garden and leisure equipment, as requested by Doiron's Small Engine Ltd., and that no written objections were received in this regard. xNo person was present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee advising that, during the November 28 hearing of the above application, there was some discussion concerning the legal status of the small engine repair shop, and the Committee felt that this issue should be clarified because, if the use has legal non-conforming status, a Municipal Plan amendment and re-zoning may not be necessary; and recommending that the application be tabled for legal and staff opinion as to the exact state of the property. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Doiron's Small Engine Ltd. for a Municipal Plan amendment and re-zoning of 164 Loch Lomond Road, be laid on the table for legal and staff opinion as to the exact state of the property. Councillor Knibb asked the purpose of the above application on the basis that the property has been used for a number of years for the stated purpose, to which Mr. Bedford replied that the applicant appears to be concerned about his ability to continue in operation at the subject location and that, as the Planning Advisory Committee is of the opinion that there might be a potential for the owner to remain in operation without re-zoning the property for industrial use, staff will attempt to clarify this matter. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to a proposed Zoning By-Law text amendment to (1) add a new Section 540(2)(b) to read "(b) Notwithstanding the prohibitions in (a) a gas bar is permitted at 258 Union Street (including L.RI.S. Numbers 17574, 17558, 17541 and 17533); and (2) to renumber the existing gas bar a permitted use so that a new pump island and canopy can be constructed, as requested by Irving Oil 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 Zoning By-Law be amended by (1) adding a new section 540(2)(b) to read: "(b) Notwithstanding the prohibitions in (a), a gas bar is permitted at 258 Union Street (including L. RI.S. Numbers 17574, 17550, 17541, 17533"; and (2) renumbering the existing section 540(2) to be 540(2)(a). Mr. John Wallace, solicitor, appeared on behalf of Irving Oil Limited, and explained that the purpose of the application is to carry out long overdue renovations on the property. Mr. Wallace concurred generally with a recommendation made by a member of the Planning Department that extending the landscaping along Union Street in front of parking lots 27 through 30, as indicated on the plan submitted with the application, would improve the appearance of the property, although the 6.5 foot width for the landscaped area will have to be resolved; and, concerning the indication in the submitted Planning staff report that the three access points on Union Street should be reduced to two with access width to be limited to 36 feet, advised that the applicant would rather not reduce the 43 foot access because of the volume of traffic to the property, but is willing to go on-site with staff to resolve this matter. On motion of Councillor A. Vincent 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 adding a new section 82-101 COMMON COUNCIL DECEMBER 4, 1989 540(2)(b) and renumbering the existing section 540(2) to be 540(2)(a) with respect to 258 Union Street, 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 A. Vincent 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 adding a new section 540(2)(b) and renumbering the existing section 540(2) to be 540(2)(a) with respect to 258 Union Street, 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 A. Vincent Seconded by Councillor Fitzpatrick 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 re-zoning of a 3,620 square meter parcel of land at 289 Churchland Road (L.R.I.S. Number 55052997), located on the western side of the Road, from "RF" Rural to "RFM" Rural Mobile Home classification, to permit the existing mobile home to remain on a permanent basis, as requested by Lawrence and Beverley Gallant, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting copies of the Planning staff report and two letters of objection received by the Committee, and recommending that the above application for re-zoning be denied. Mr. Stephen Ring, solicitor for the applicant, appeared in support of the proposed re-zoning and made the observation that, although Council denied a previous application for re-zoning in 1988, the temporary placement of the mobile home on the subject property for a one-year period was permitted, and that the situation now is that only a further re-zoning application appeared to be available initially to resolve the situation; although there is another option available to the applicant which would involve, at some cost, adding on to the mobile home. During discussion Councillor Rogers expressed concern that the temporary placement of mobile homes on properties not designated for this use can lead to the permanent location of such mobile homes. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the application of Lawrence and Beverley Gallant for the re-zoning of 289 Churchland Road be denied. Deputy Mayor Gould asked what action would be taken if Council adopts the above recommendation to which Mr. Bedford replied that the Building Inspector would subsequently move to enforce the By-Law which would result in the final analysis 82-102 COMMON COUNCIL DECEMBER 4, 1989 in the removal of the mobile home. Deputy Mayor expressed concern about the Gallants having to relocate during the winter season, whereupon the Mayor suggested that Council could consider, following the question on the above motion, granting a six- month permit for the mobile home to remain on the subject property. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that approval be given to Lawrence and Beverley Gallant to permit the existing mobile home to remain at 289 Churchland Road for a period of six months. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above application 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 Common Council resolution of March 25, 1985, pursuant to Section 39 of the Community Planning Act, so as to add poster panel as one of the uses that may be permitted at 665 Loch Lomond Road, as requested by Mediacom Inc., 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 Common council resolution of March 25, 1985, pursuant to Section 39 of the Community Planning Act, be amended so as to add poster panel as one of the uses permitted at 665 Loch Lomond Road. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of March 25, 1985, pursuant to Section 39 of the Community Planning Act, be amended so as to add poster panel as one of the uses permitted at 665 Loch Lomond Road. 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 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 Street Closing By-Law amendment to close a portion of Jones Drive, and that no written objections were received in this regard. No person was present to speak either in opposition to or in support of the proposed street closing. On motion of Councillor Rogers 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 82-103 COMMON COUNCIL DECEMBER 4, 1989 The City Of Saint John", with regard to closing a portion of Jones Drive, 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 Knibb 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 Jones Drive, 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. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the October 1989 Building & Technical Services Report be received and filed. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the information submitted by the Coalition of Corridor Mayors and the Federation of Canadian Municipalities concerning "The Way To Go" forum on improving passenger rail service in Canada -- be received and filed. Question being taken, the motion was carried. Mr. John Steeves, President of Saint John Heritage Trust, addressed Council in support of the Bi-Capitol Project on the basis that a fine arts and cultural centre would enhance Saint John's gracious historic homes and buildings and its refurbished uptown area and make the City more attractive to residents and visitors, as well as serve to entice companies looking to relocate employees to Saint John. Mr. Steeves referred to the indication in the Goals for Saint John report that Saint John is a regional centre for recreational, cultural, retail, office and entertainment activity; suggested that the considerable money already invested in this project will be wasted if the project is not seen to completion and that Saint John cannot afford the negative impact of the failure to complete this project which has, and is so, enthusiastically supported by the citizens; and offered the assistance and support of Saint John Heritage Trust Inc. not only to the Bi-Capitol Project but also to the Mayor and Common Council in this endeavour. Mr. Steeves requested the support of the Mayor and Common Council for the completion of the Bi-Capitol Project and concluded that the City must take the leadership as it has the most to gain. Councillor Coughlan noted the City's commitment of $1 million to the Bi- Capitol Project and expressed concern about the City's contribution to the operation of a theatre; and Deputy Mayor Gould suggested that the Provincial and Federal Governments should be urged to make financial commitments to the project. 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 certificate, namely:- 82-104 COMMON COUNCIL DECEMBER 4, 1989 1. Old Provincial BuildinQ LeRoy's Heating Services Ltd. Supply and installation of new steam boiler 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 28, 1989 Final holdback release Question being taken, the motion was carried. On motion of Councillor Knibb $24,106.00 24,106.00 NIL 20, 490.00 $ 3,616.00 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 - Maintenance BuildinQ Shamrock 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 27, 1989 Final holdback release Question being taken, the motion was carried. On motion of Councillor Knibb $33,430.00 27,291.44 Nil 23,282.72 $ 4,008.72 Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 89-10 - ChipsealinQ 1989 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 November 28, 1989 Final Holdback release Question being taken, the motion was carried. On motion of Councillor Knibb $214,248.00 202,008.42 Nil 171,707.16 $ 30,301.26 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. Fire Stations #1 and #5 Higgins & Wilson Refrigeration Ltd. Miscellaneous mechanical renovations Original estimated value of contract Total work done, Estimate Number 2 $13,240.00 13,240.00 82-105 COMMON COUNCIL DECEMBER 4, 1989 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 29, 1989 Final holdback release Nil 11,254.00 $ 1,986.00 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, consistent with the submitted terms of reference of the Saint John Ability Advisory Committee and as its first goal, the Committee requests that Council seriously consider the installation of a loop antenna in the Council Chamber to enable persons with hearing disabilities to attend regular meetings of Common Council and to hear the proceedings using their personal hearing aids; also advising that the New Brunswick Chapter of the Telephone Pioneers of America will install the loop system, and the amplifier needed to drive the system will be separate and placed adjacent to the existing amplifier which operates the Chamber's existing public address system; further advising that the cost of the loop, as well as its installation, will be borne by the Telephone Pioneers and the amplifier costing less than $500.00 is accommodated for in the Recreation Department's 1989 Operating Budget, with the period of installation to be performed without interruption to Council's schedule; and recommending that Council approve the installation of a loop antenna -- be received and filed and the recommendation adopted, and that the New Brunswick Chapter of the Telephone Pioneers of America be thanked for its assistance in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, money or a bond in the amount of $39,500.00 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 1651 Sand Cove Road. Question being taken, the motion was carried. Read a letter from the City Manager advising that Scott Bros. Ltd. has now completed part of the work, estimated to be in the amount of $116,000.00, in the subdivision agreement with respect to Eastwood Park Subdivision, Phase 3, and the remaining work, consisting of asphalt paving and miscellaneous grading/landscaping, is valued at $54,000.00; and recommending that the security amount be reduced accordingly. 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 Eastwood Park Subdivision, Phase 3, be reduced to $54,000.00 from the existing amount of $170,000.00. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the application of Marilyn MacDonald for the re-zoning of 282 Churchland Road, which was given first and second readings at the July 17, 1989 public hearing with third reading tabled on July 31 pending a further report from staff with respect to an indication by the Department of Municipal Affairs and Environment that, if approved, this subdivision should be supplied from the Saint John public water system because of possible problems with water from on-site drilled wells; advising that the applicant engaged Maritime Groundwater Inc. to conduct a hydro-geological review of the Churchland 82-106 COMMON COUNCIL DECEMBER 4, 1989 Road area, and that the Department of Municipal Affairs and Environment, having been asked to comment on the consultant's findings, responded that it could find no reason to change its position. The report explains that the process of engaging the consultant and the delayed response by the Minister of Environment leaves staff in the position, at the last minute prior to the December 4 deadline for third reading of the Zoning By-Law amendment in order to meet statutory requirements, of having to deal with the matter where the consultant for the applicant and the Minister of Environment disagree and that, while additional time might have provided an opportunity for the Ministry staff and the consultant to discuss the matter and conclude a specific number of units which could be serviced, this cannot happen in the time available; concludes that the provision of water for unserviced residential subdivisions is a very important issue and that, although staff does not want to unduly delay a residential development, staff cannot recommend third reading without the knowledge and recommendation from the Minister of Environment that a proper water supply is available to the land which is being re-zoned; and recommends that third reading not be given to re-zoning Blocks A, Band C and Lots 20 to 26 of Block D of the proposed Marilyn MacDonald subdivision from "RF" Rural to "RR" Rural Residential classification, and that the applicant be requested to work further with the Minister of Environment to establish the number of lots which the Minister of Environment could recommend be adequately serviced prior to re-applying for the Zoning By-Law amendment. Consideration was also given to a letter from Marilyn MacDonald (copies of which were distributed to Council members at this meeting) requesting that the above matter be tabled until December 18 on the basis that she was informed of the matter going before Council only on December 1 and wishes to make further submissions to Council, the extent of which will depend upon the results of a meeting among the Department of the Environment, Maritime Groundwater Inc., a member of the City of Saint John Community Planning Department and her representative. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. Councillor Knibb asked if, as the above matter has been tabled, it will now be necessary for the applicant to resubmit her application because of the statutory time limits to which Mr. Bedford replied that, if a resolution can be found to the situation, an attempt will be made to expedite third reading of the proposed By-Law amendment within the statutory time limit. Miss Shirley McAlary, President of the Saint John Central Business Development Corporation, addressed Council regarding the submitted Signage Committee Report, which was completed with the input of the City of Saint John Planning and Engineering Departments, the Saint John Parking Commission, The Market Square Corporation, Hospitality Saint John, and the Tourism Advisory Commission, and suggests that, to improve Provincial highway signs, the following changes would provide better information for travelers within the community:- (1) a sign be erected on Highway 1 near the eastern City boundary to indicate the number of exits and the exit numbers to City Centre; (2) signs be erected on Highway 1 West and Highway 7 South (near City boundary) giving the distance and the exit numbers to the tourist information centres; (3) signs be erected at the Tourist Bureau in the off-season directing travelers to an off-season tourist information centre; (4) additional Highway 100 signs be placed on Main Street between the Viaduct and Chesley Drive; (5) a sign be placed on Raynes Avenue approaching Simms Corner (east bound) indicating Highway 100 left lane; (6) investigate the possibility of additional signage for Market Square in light of a new tourist designation; (7) remove Airport directional signs along Loch Lomond Road and direct users to Highway 1 West and Highway 111; (8) install tourist information centre tab on Highway 100 at Station Street leading up over Viaduct; (9) install City Centre sign on Highway 100 at City Road and Garden Street; (10) install City Centre sign on Garden Street at Wall Street; (11) install City Centre sign on Haymarket Bypass at Mount Pleasant; (12) install City Centre sign on Gilbert Street Overpass; and (13) install City Centre sign on upright of overhead structure on Highway 82-107 COMMON COUNCIL DECEMBER 4, 1989 100 West at Haymarket Square. Miss McAlary advised that part of (2) and (7), (9), (10), (11), (12) and (13) have been implemented, with general approval for the other items to be carried out in 1990, although (6) would require an adjustment to the Provincial signage policy before being implemented. Miss McAlary commented on the following recommendations and those already implemented of the Signage Committee:- (A) with respect to municipal street signage, (1) place City Centre sign at the intersection of Coburg and Garden Streets; (2) install City Centre sign at the intersection of Seely and Crown Streets; and (3) install City Centre sign at the intersection of Crown and Union Streets; (B) with regard to exit signs from the City, (1) install Highway 1 and 100 signs at the intersection of Crown and Union Streets; and (2) install Highway 1 and 100 signs between the exit of Rockwood Park and the highways; (C) concerning street signs, the provision of unique design for the entire central business area should be considered, signs should be provided at all street intersections to ensure easy directions throughout the community, and special efforts should also be made to replace and maintain broken and missing signs as soon as possible; (D) respecting parking lots, (1) provide an uptown map at the CNR parking lots, at other parking lots and at strategic locations in the uptown, including information on streets, historic sites and attractions and tourist information; (2) provide a brochure indicating uptown tourist destinations and information centres to the commissionaires at other parking lots in the uptown; and (3) the Parking Commission continue its program of installing international P signs for the 1989 year and in the future; (E) regarding tourist information signs and historic sites, (1) continue to direct highway traffic to the primary tourist information centres on Highway 1 east at Saint's Rest and at the Reversing Falls; (2) place additional signs on St. Patrick, Coburg, Union, Sydney and King Streets to indicate City Centre tourist information centre; (3) continue to encourage R.V.s to use the CNR lot on Station Street and provide an uptown map at that site; and (4) signs indicating directions to Fort Howe should be installed on Main and Metcalf Street in the North End; and (F) concerning signage literature, (1) where possible, brochures should include a map indicating major highways with their numbers; (2) brochures of sites, attractions and businesses in the uptown should indicate the location of off-street parking lots; (3) major streets and landmarks should be included on the map; (4) highway exit numbers should be identified and consistent with the signage; and (5) a sample camera-ready base map of the City of Saint John and the uptown area should be printed and made available to the private businesses in the community; and (6) while better signage is required to direct pedestrians through the uptown heritage walks, the Signage Committee will advise the Preservation Review Board and Saint John Heritage Trust Inc. of this recommendation. Miss McAlary requested Council's approval of the Signage Committee Report and expressed the wish of the Committee to continue to work with Mr. John Griffin, Traffic Engineer, in 1990 to improve signage in the City of Saint John. The Mayor thanked the members of the various groups involved in the preparation of the above Signage Report; advised that the City Manager will no doubt concur that Mr. Griffin will be able to assist the group in this regard, and also advised that Council will make a decision with respect to the above presentation later in the meeting. Miss McAlary commented on the Corporation's involvement in parking promotions and the Christmas promotion which is now underway. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that renovations to the City Market have resulted in two large construction trailers being placed on South Market Street near its intersection with Germain Street and that these trailers are blocking the existing signs and cause a concern with security for Livingston Photo and Fashion, and that Council's approval is required for the location of a temporary directional sign on South Market Street, which has been supplied by the contractor involved in the City market renovations to direct people to the entrance of Livingston Photo and Fashion; also advising that The Market Square Corporation has no objection to the temporary sign and that Engineering advises that the location of the sign does not interfere with pedestrian or vehicular traffic, although a sign at this location should not flash as it would direct traffic the wrong way up a one-way street; and recommending that approval be given for the temporary sign to be located on South Market Street on condition that: (a) the sign be removed within 30 days of the removal of the construction trailer; and (b) the sign not 82-108 COMMON COUNCIL DECEMBER 4, 1989 be flashing -- be received and filed and the recommendation be adopted. Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a resolution from Legal Session of Council on November 28, 1989, concerning an Arbitration Award of Local No. 18, C.U.P.E., grievances. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the City of Saint John proceed to judicial review of the Arbitration Award of the Local No. 18, C.U.P.E., grievances on behalf of Messrs. Douglas Wilson, Henry Totten and John Sproul. Question being taken, the motion was carried. Read a 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 27, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the City maintain a close working relationship with the City of Bangor and the State of Maine through active participation in the Route 9 Committee and, through the Committee, take appropriate action to continue pressing for a four-lane divided highway between Saint John and Bangor; (2) the City advise The Honourable Sheldon Lee, Minister of Transportation for the Province of New Brunswick, that future growth for Saint John and Southern New Brunswick relies to a great extent on an adequate highway system joining this area and the United States and that this requires a four-lane divided highway to the border from Saint John; (3) the City write to The Honourable Minister of Transportation to encourage his Department to continue discussions with the State of Maine at the ministerial level, on mutual transportation issues, and particularly our highway system; and (4) staff develop an appropriate action plan which should have the purpose of encouraging local business and industry to take a more positive and active role in pursuit of an adequate transportation system (four-lane divided highway) linking this area and the United States, stressing increased trade and tourism. 2. That as recommended by the City Manager, Mr. John Chalykoff be named the City's nominee to the board of arbitration of Local No. 18, C.U.P.E., Union grievance 89-15 concerning job security and job posting. 3. That as recommended by the City Manager, the land on Old Black River Road shown as Part "A" on the submitted plan, being part of Lot 89-1, on which a City fence and diversion manhole encroaches, be acquired from Mr. Robert Burgess for a price of $500.00. 4. That as recommended by the Saint John Board of Police Commissioners, Mr. G. M. Carlisle be appointed as the nominee to represent the City in binding arbitration with Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., if necessary. December 4, 1989, Saint John, N.B., Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb 82-109 COMMON COUNCIL DECEMBER 4, 1989 Seconded by Councillor Coughlan 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 Rogers RESOLVED that section 2 of the above report be adopted. Councillor A. Vincent asked if the recommended nominee is a resident of the City of Saint John. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 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. 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. The Mayor advised that the Saint John Parking Commission has requested that its letter concerning the appointment of a by-law enforcement officer be withdrawn from the agenda. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the above-mentioned letter be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the Saint John Participaction Challenge Committee submitting a summary of its expenditures and receipts with respect to the May 31, 1989 Participaction Challenge, for the period September 1, 1988 to September 30, 1989; commenting on the May 31 Challenge, and requesting to retain its cash surplus of $4,443.00 to support next year's event -- be received and filed and approval be given to the Committee to retain its cash surplus. The Mayor advised that the City's involvement in the 1990 Participaction Challenge is yet to be determined and that the Committee will submit a recommendation to Council in this regard at a later date. Question being taken, the motion was carried. 82-110 COMMON COUNCIL DECEMBER 4, 1989 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the presentation of Saint John Heritage Trust Inc. regarding the Bi-Capitol Project be received and filed and copies be forwarded to the Federal and Provincial Governments. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Council adopt the recommendations in the Signage Committee Report presented by the Saint John Central Business Development Corporation and express appreciation to the Corporation, and that Mr. John Griffin, Traffic Engineer, continue to work with the Corporation in this regard. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of a letter from Messrs. Roderick Fournier and Hodges Hamm, and three Planning staff reports dated September 19, November 9 and November 28, 1989 concerning the application of Galbraith Equipment Co. Ltd. for a variance to permit a setback of 0 meters, whereas the minimum required is 30 meters (98 feet), at 395 Manchester Avenue; advising that the Committee adopted staff's recommendation of November 28 that (1) the applicant be given the opportunity to install new mufflers on the engines used for the crushing equipment and make improvements in his methods of operation which will address the issues of noise, dust and rehabilitation; (2) the Building Inspector be advised not to issue an excavation permit without conditions attached which will satisfactorily address the issues raised in this and previous reports; (3) the ongoing operation of this pit be in accordance with Section 880 of the Zoning By-Law; and (4) Common Council be advised of the status of this matter as a means of follow up to the November 8, 1989 letter from area residents; and recommending that Common Council receive and file this report. Consideration was also given to a letter from Mr. Roderick Fournier (copies of which were distributed to Council members at this meeting) expressing the opinion that the recommendation of the Planning Advisory Committee addresses only part of the concerns of the residents, and advising that, at this late date, neither he nor Mr. Hodges Hamm who have become spokepersons for residents on this subject, have sufficient time to prepare a formal written presentation; and requesting to make an oral presentation at this meeting. The Mayor called for a motion to table the above matter and request that Messrs. Fournier and Hamm submit their written brief to the Common Clerk for presentation at the December 18, 1989 Common Council meeting. On motion of Councillor Landers Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table to provide an opportunity for Messrs. Fournier and Hamm to submit their written brief to the Common Clerk for presentation at the December 18, 1989 Common Council meeting. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". (Councillor Fitzpatrick re-entered the meeting.) 82-111 COMMON COUNCIL DECEMBER 4, 1989 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the Planning Advisory Committee submitting, in accordance with Common Council resolution of July 11, 1974 pursuant to Section 39 of the Community Planning Act which stated that Council be consulted prior to any development of the subject site, 920 Sand Cove Road, a copy of Planning staff's report concerning Mr. Umberto Rocca's proposal for a 20-unit apartment building at 920 Sand Cove Road; advising that, with respect to concerns about blasting and drainage, the Province has regulations and specifications which control blasting, although the Committee saw fit to include in the recommendation a requirement for a pre-blast survey and proof of insurance by the developer, and the questions regarding drainage were addressed in the report and that, if further investigation were required, the City Engineering Department should be contacted; and also advising that the Committee adopted staff's recommendation that a front yard of 1.5 meters (5 feet) be granted for the parking lot on the condition that: (a) a minimum of 14 nursery grown evergreen trees at least 5 feet in height are planted as shown on the submitted plan; (2) temporary fencing be used to enclose and protect the existing trees and natural vegetation along the front of the parking area facing Sand Cove Road, prior to any site work being commenced with construction vehicles and equipment; (c) final detailed site plans be approved by the Development Officer; and (4) a pre-blast survey and proof of insurance be provided to the Building Inspector prior to the issuance of a building permit -- be received and filed and Council endorse the Committee's recommendations. The Mayor asked if it is the normal practice to take out a building permit in 1989 for a development authorized in 1974 to which Mr. Rodgers replied that, although it is not normal, he is unaware of anything which makes it improper or makes it so that Council is unable to deal with the matter because of that fact. Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee submitting a copy of a Planning staff report concerning the proposal of Blanchard Homes (1983) Ltd. to create a 31-lot extension of Cedar Point Estates Ltd. for development with one-family dwellings and to "RSS" standards at 555 Woodward Avenue; advising that representatives for the applicant indicated that it would be better from an economic perspective to dedicate lots 11-B and 12-B, rather than Block LPP-3 as recommended by staff, as land for public purposes, and that the Committee adopted the staff recommendation; and recommending that (1) Common Council approve the locations of the street, future street and the land for public purposes with respect to Cedar Point Estates Subdivision - Phase 3; (2) Council assent to one or more subdivision plans with respect to street, future street and land for public purposes; and (3) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services. Consideration was also given to a letter from Mr. Donald L. Cullinan of the law firm McKelvey, Macaulay, Machum, regarding Cedar Point Estates Limited - Blanchard Homes (1983) Ltd. - Phase 3, Cedar Point Estates Subdivision; advising that the developer has requested that Roderick W. MacKenzie, Q.C., be present to speak on the above report which indicates that the land is owned by Blanchard Homes (1983) Ltd.; however, the land is owned by, and is being developed by, Cedar Point Estates Limited, and the homes in the subdivision have been constructed by Blanchard Homes (1983) Ltd.; and concluding that it would be appreciated if Mr. MacKenzie would be able to address this matter on behalf of the developer. The Mayor asked if Council wishes to proceed with the Planning Advisory Committee's recommendation on the basis that the solicitor concerned has not submitted a brief and she suggested that this matter should be handled in the same manner as the above request of Mr. Fournier to address Council at this meeting. 82-112 COMMON COUNCIL DECEMBER 4, 1989 On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above matter be laid on the table pending submission of a brief by the solicitor concerned. Councillor Knibb proposed a motion, which was seconded by Councillor Davis, that Mr. R. MacKenzie be invited to address Council at this time, whereupon Councillor A. Vincent made the observation that there is a tabling motion on the floor. Question being taken, the tabling motion was carried with Councillors Davis, Fitzpatrick, Knibb and Rogers voting "nay". On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the letter from the Environment Committee requesting a status report from City staff regarding the proposal that a by-law be enacted to control smoking in public places, the Committee's previous request in this regard having been considered by Council on February 20, 1989 -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the Environment Committee recommending that, in view of the recent complaints, the Noise By-Law be amended to include industrial noises as a contaminant -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the letter from the Environment Committee recommending that Council amend the Dog By-Law to prohibit the ownership of the pit bull breed of dog within the boundaries of the municipality, and also that Council take some action as recommended by the Committee on May 29, 1984 and review its position relevant to the fouling of property by dogs -- be referred to the City Manager. Councillor Fitzpatrick asked if the above matter would come under the terms of reference of the Environment Committee and questioned the propriety of referring the item to staff. Question being taken, the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Provincial- Municipal Council Inc. submitting a response from the Provincial Minister of Transportation to the resolution originating from Saint John submitted to the Cities of New Brunswick Association and subsequently to Provincial-Municipal Council Inc., requesting the Province to adopt a program of maintenance for all Provincial lands and buildings within municipalities; such response indicating that, within the funds allocated 82-113 COMMON COUNCIL DECEMBER 4, 1989 by the budget process, it is endeavoured to maintain properties belonging to the Department of Transportation in an acceptable manner and that the Minister recognizes this problem and it is of great concern to him, and further that he has put forward a very determined effort to obtain sufficient funding to allow his Department to do a much better job in the future -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the letter from Senior Citizens' Services Centre, Inc., requesting once again free rental in 1990 for its premises on the second floor of the City Market building -- be referred for consideration in the 1990 budget. Question being taken, the motion was carried. The Mayor advised that a telephone request was received on this date on behalf of L.S.O. Enterprises Limited to withdraw its letter concerning its King Street entrance. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above-mentioned item be withdrawn from the agenda as requested. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Local 73, advising that it is ready to start construction of its Headquarters at 49 Linton Road but has been made aware that the municipal services, water, storm, sanitary services, pavement and curbs have not been completed along Linton Road and that City staff has advised that it is the Union's responsibility to complete these services before a building permit can be issued; and requesting Council's acceptance of a proposal which will ease the financial burden put on the Union in this regard -- be referred to the City Manager and the Engineering Department. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Sydney Castle Ltd. for a beverage room license with respect to premises at 134 Sydney Street will be held on December 7, 1989 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Michael J. Nichols doing business as Scooters Auto Body for a Zoning By-Law text amendment with respect to the rear portion of 1214 Fairville 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 January 29, 1990. 82-114 COMMON COUNCIL DECEMBER 4, 1989 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Mr. Brian Mosher, solicitor for Mr. Paul Chase, requesting that Proposal "A" of the Paul Chase Subdivision, Sand Cove Road, as approved by the Planning Advisory Committee on August 8, 1989, be submitted to Common Council for assent at it meeting on December 4, 1989, such matter having been previously scheduled for hearing on August 28, 1989; however, the request was not dealt with at that time -- be received and Council give consideration to Proposal "A" and that the matter be referred to staff to submit to Council the proper documentation in this regard. The initial motion proposed by Councillor Rogers and seconded by Councillor Landers was that the above matter be tabled and the relevant information be resubmitted to Council at its next meeting, whereupon the Mayor confirmed that the motion given to her by the City Solicitor is that Proposal "A" be considered by Council and that the matter be referred to staff to submit the proper documentation in this regard. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of B.L.E.U. Non-Profit Housing Inc. for the re-zoning of 105 and 69 St. James Street West, and for an amendment to the Section 39 conditions of the January 9, 1989 re- zoning of 73 St. James Street West -- 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 29, 1990. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk