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1989-12-18_Minutes 82-123 COMMON COUNCIL DECEMBER 18,1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of December 1989, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W.O. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works Operations; J. Brownell, Director of Recreation; B. Sheridan, Director of Parks; J. Johnson, Building Inspector; B. Belyea, Budget Officer; J. McDevitt, Budget Control Officer; J. Griffin, Traffic Engineer; R. McDevitt, Fire Chief; D. Sherwood, Chief of Police; and Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father George Riley of St. Rose 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 December 11, 1989, be approved. Question being taken, the motion was carried. Her Worship the Mayor extended congratulations to Mr. Blake Palmer, Golf Course Superintendent, on his recent election as President of the Canadian Golf Supervisors Association, being the first person from the Maritime Provinces to hold this position in many years; commented on the January 6, 1990 program to be held at McAllister Mall involving the recycling of Christmas trees into woodchips to be used as bedding for the Cherry Brook Zoo animals; and invited the citizens of Saint John to the Levee to be held in City Hall on January 1, 1990. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a 1.6 acre parcel of land being a portion of L.R.I.S. Number 403535, located at the intersection of Gault Road and the Martinon By-pass (Route 7), from High Density Residential to District Centre Commercial classification, to permit re- zoning of the land to a "B-2" General Business zone and the development of seasonal retail sale of plant material and associated growing area, as requested by Hughes Surveys & Consultants Ltd., on behalf of Mr. Raj N. Popat. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that a Nominating Committee report and a Housing Through Infill Development grant for B.L.E.U. Non-Profit Housing Inc. (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 82-124 COMMON COUNCIL DECEMBER 18, 1989 The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Saint John Central Business Development Corporation for Common Council's approval of a budget for the designated Business Improvement Area, and that no written objections were received in this regard. No persons were present to speak in opposition to or in favor of the proposed budget. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as requested by the Board of Directors of Saint John Central Business Development Corporation, Council approve the budget for the Business Improvement Area as follows:- Revenue: Business Improvement Levy Interest Work Grants Main Street $188,000 6,200 2,500 52,500 $249,200 Expenses: Annual meeting Economic Development Marketing Public Relations Urban Design Office Administration Doubtful Accounts Dues Insurance Miscellaneous Meetings Office & Postage Leased Equipment Professional Fees Rent Telephone Travel Wages & Benefits $ 3,000 7,000 71,000 10,000 52,400 8,000 900 500 3,000 6,500 15,000 5,000 4,000 2,400 3,500 2,500 $ 54,000 $249,000 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the Business Improvement Levy By-Law be read a first time. Read a first time the Business Improvement Levy By-Law. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the Business Improvement Levy By-Law be read a second time. Read a second time the Business Improvement Levy By-law. Question being taken, the motion was carried. The Mayor advised that it is necessary for the above By-Law amendment to receive third reading prior to the end of 1989. 82-125 COMMON COUNCIL DECEMBER 18,1989 On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "By-Law Number B-114-1 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-1 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. Read a report from the City Manager advising that the submitted proposed 1990 Operating Budget adheres to the principles of (1) providing new funding to progress in achieving the Goals for Saint John; (2) providing the necessary resources and manpower to continue the delivery of quality municipal services; and (3) being sensitive to the City's objective of having a stable tax rate as the tax rate has been increased but only one cent per $100 of assessed value; also advising that the City's 1990 expenditures will be 6.2% higher than 1989 which is primarily due to inflation and wage settlements but is also the result of additional funding being provided for actions recommended in the Goals for Saint John and that, on the revenue side, unconditional grant funding is down by .4% which will result in the City receiving $29,024,917 of unconditional grant funding representing a decrease of $106,890 for 1989, the City's tax base has increased by 9.6% and the tax rate is up one cent to $1.58, and the City's non-tax rate is up by 8.5% over 1989; and commenting on the 1990 budgetary preparation process for which all departments were given budgetary guidelines of 4.6% for personnel and 0% for all other items to ensure that funds would be available to finance the new initiatives which would contribute to the achievement of Goals. The report highlights the four directions included in the goals for Saint John for which funding is proposed in the 1990 budget: (i) economic development, including funding for a new economic development officer and a visitor services officer in Tourism, with $80,000 provided over two years for a development and marketing study, increased funding of $33,000 for tourist literature, and an increase of $30,000 in funding for the upkeep of tourist areas such as Falls View Park and Fort Howe, as well as an additional $39,000 in the Lily Lake Pavilion area and for Rockwood Park trail maintenance, new funding for an uptown strategy in conjunction with the Saint John Central Business Development Corporation, for expanded programs in heritage preservation, and improvements in directional and street signage; (ii) environment, involving an increase of $10,000 in funding for the office of the Commissioner of Environment and Infrastructure, funds for the possibility of engaging a research assistant for environment after the Environmental Consultation Committee reports in mid-year, $25,000 for the Works Department "Keep America Beautiful" program, increased funding of $45,000 for more litter baskets and new equipment to handle them more efficiently and for more weekend cleaning of streets, particularly in the uptown area, as well as for $30,000 in increased funding for improving the visual attractiveness of main thoroughfares, and a further $20,000 for pruning, fertilizing and proper care of the trees along City streets and parks; (iii) social development, including additional funding in several areas related to social development, such as an additional week in the summer playground program, the addition of a programmer in Rockwood Park, and additional funding to the Human Development Council to enable it to research the needs of the increasing senior segment of the population; and (iv) City Hall/community involvement, including $40,000 for the establishment of a capital planning group in Engineering to enable the implementation of a five-year capital program; and, with regard to maintaining service levels, advising that the budget includes funds to contribute to greater efficiency in operations and increase the level of service provided, with emphasis placed this year on more timely replacement of City vehicles by the provision of an additional $120,000 to replace current Police vehicles 82-126 COMMON COUNCIL DECEMBER 18, 1989 earlier and $200,000 for vehicle replacement in Supply and Services, increased funds have been provided for training and upgrading of City employees, and the Police Department is being provided with increased funding for drug-related programs and better communications equipment, and the financial management system will be implemented in the new year, with increase in funding in the 1990 budget being minimal, although the operating costs for the Protective Services System will result in the addition of approximately $180,000 in the 1990 budget, split between Police and Fire. The report explains that non-departmental expenditures include the funding of operating deficits for a number of committees, commissions, corporations and associations charged with the operation of various City services and facilities, and that the budget includes grants for a number of organizations and special events which are not strictly a municipal responsibility but will contribute to the overall social and economic well-being of the City; also explains that, although for a number of years the City has been attempting to finance more and more capital expenditures from the current operating budget, the program has been substantially deferred due to the freezing of the unconditional grant during the past two years, for 1990 the budget has been reduced to $1,367,000 which still provides the City with considerable flexibility when considering major projects; and recommends that the budget, warrant and tax rate, as indicated in the submitted resolutions, be adopted. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the amount of $83,664,084 be adopted as the estimate required for the operation of The City of Saint John for the year 1990 as follows:- General Government Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation & Cultural Services Fiscal Services $ 6,125,713 29,025,032 19,939,959 1,784,700 7,837,601 7,882,525 11,068,554 $83,664,084 - a more detailed breakdown of the above estimate is attached and forms a part of these minutes. Mr. Taylor highlighted the above report and confirmed that an amount of $30,000 is included in unspecified grants for Romero House subject to its capital program proceeding; and during discussion Councillor A. Vincent asked that Council be provided with a breakdown of the Police Department budget for both 1989 and 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the amount of $7,410,152 be adopted as the estimate for Non-Tax Revenue for the year 1990, a more detailed breakdown of this estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Provincial Unconditional Grant of $29,024,917 be incorporated in the 1990 budget. Question being taken, the motion was carried. 82-127 COMMON COUNCIL DECEMBER 18,1989 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1990 be adopted in the amount of $47,229,015. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the rate at which the amounts comprising the above estimates is to be levied be fixed at $1.58 on each $100 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of The City of Saint John. Question being taken, the motion was carried. Consideration was given to a joint brief from Messrs. Hodges Hamm and Roderick Fournier of Glenwood Subdivision regarding the Galbraith Equipment Co. Ltd. gravel pit at 395 Manchester Avenue (which was the subject of a report from the Planning Advisory Committee tabled by Council on December 4), advising that, although their opening argument is to have the gravel pit closed and to have the area entirely rehabilitated with their second alternative being that the crushing operation be removed from the gravel pit, they are prepared to live with the gravel pit provided that its operation be made much more compatible with its surroundings; and requesting that, while they stand by their submitted letter of November 8 as their position of reasonable compromise, (1) the crushing operation be removed from the pit; (2) the pit operator be made to conform precisely to all provisions of the gravel pit by-law; (3) evaluation of the effectiveness of mufflers and other noise control devices be measured before and after their installation and, if tests result in unsatisfactory performance, further measures be required; (4) the renewal of the gravel permit be made conditional upon full control devices determined to be effective; and (5) time limits for compliance be stated. The brief asks the following questions: (a) Why did the Community Planning Department allow this subdivision to be established since it was to be adjacent to an operating gravel pit; (b) what factors made the Community Planning Department change its recommendations of November 1, 1989 to those of November 28, 1989; (c) why was the pit operator allowed to withdraw his request for a variance after it had been insisted that he apply for one and he had extracted all the material that he wanted; (d) why are the by-laws being continuously violated; (e) was special permission given to establish a crushing operation given that it did not exist before and its proximity to a residential operation; and (f) is a crushing operation normal gravel pit activity or is a manufacturing activity; expresses concern with respect to the noise level from both engine exhausts and the rock crusher itself; the violation of most of the by- laws dealing with operation of gravel pits; the question of safety as landslides and cave-ins have been observed by residents; and the incompatibility of the gravel pit in its location in a R-2 zone and its proximity to a developed subdivision in spite of the non- conforming use provision; and expresses the opinion that Common Council and the City have the justification and authority to act on their behalf. Consideration was also given to the above-mentioned report from the Planning Advisory Committee advising of its adoption of the following recommendations of Planning staff: (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. 82-128 COMMON COUNCIL DECEMBER 18, 1989 Messrs. Hodges Hamm and Roderick Fournier addressed the above matter on the basis that a viable subdivision is subjected to the prospect of loud continuous noise, such as that which occurred last summer, occurring in successive summers from the gravel pit operation in question; and asked that the application of Galbraith Equipment Co. Ltd. be delayed until the issues are resolved, and also asked if a written response to the above questions can be expected from the City. During the discussion Mr. Hamm, as agent for the developer, confirmed that the validity of the indication in the brief that properties are being well devalued based on no new housing starts nor sales of developed lots since last spring, and on existing houses for sale at distressed prices, and commented on the expectation that the higher portion of the gravel pit would be rehabilitated in the near future for development of a housing project, although it is now the understanding based on discussions with City staff and the pit operator that this will not be the case for another ten years; Mr. Bedford explained the procedure followed for a By-Law infraction of this nature; and Mr. Johnson advised that, although parts of the gravel pit and some of the slopes are not acceptable and do not meet the By-Law requirements, he has not considered whether or not they are safe from the point of view of natural erosion, and that this is one of the issues outstanding in the long-term enforcement plan for this particular pit. The Mayor advised Messrs. Hamm and Fournier that, in accordance with the procedure, Council will render a decision on their presentation later in the meeting. Consideration was given to a letter from Mr. Roderick W. MacKenzie, solicitor on behalf of Cedar Point Estates Limited - Blanchard Homes (1983) Ltd., regarding Cedar Point Estates Subdivision, Phase 3 (which was the subject of a report from the Planning Advisory Committee tabled by Council on December 4), expressing concern about the proposal contained in the Committee's recommendation insofar as it relates to the area of land to be taken by the City for public purposes as it is an area of prime land in the best location in Phase 3 of the subdivision which does not appear consistent with past established practice by the City in taking lands for public purposes, and the developer is in effect losing three of the best building lots in Phase 3 thereby creating a significant problem for the developer; explaining that the cost of extending services into Phase 3 requires that, when the services are passed in front of the proposed land for public purposes, the services must be continued on through the balance of Phase 3 with the cost of so doing borne initially by the lots that are first serviced and, if they are not available to the developer for development and sale, this creates an unreasonable financial burden on the developer; asking if the City is establishing a new policy by insisting that prime land in a new development be given to the City for public purposes before the City will approve the new subdivision and if this policy will apply to all future subdivision in the City; and requesting that the City reconsider the land that it wants for public purposes and that staff and the developer meet to discuss possible alternate locations. Consideration was also given to the above-mentioned report from the Planning Advisory Committee recommending that (1) Common Council approve the locations of the street, future street and the land for public purposes at Cedar Point Estates Subdivision - Phase 3, 555 Woodward Avenue; (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 the provision of the required services. Mr. Roderick MacKenzie, solicitor on behalf of Blanchard Homes (1983) Ltd. and Cedar Point Estates Ltd., appeared before Council and, having distributed copies of a plan which he advised is the same as the plan submitted with the Committee's report other than the land for public purposes is shown in an alternate location, explained that Lots 6-E, 7-E and 8-E on his plan can be identified on the Planning staff's plan as LPP-1 and LPP-3, Lot 6-E being land formerly given to the City as land for public purposes and Lots 7 -E and 8-E proposed to be given to the City for land for public purposes for Phase 3 of the Subdivision. Mr. MacKenzie also explained that, until about three weeks ago, it was the developer's belief that he was giving the land identified on his plan as LPP-3 as land for public purposes, such area together with a small portion of land on the front of the property exceeds the land required for public purposes for the prior phases and Phase 3 being of sufficient size to meet the 82-129 COMMON COUNCIL DECEMBER 18,1989 total land requirements allowing for the fact that Lot 6-E given up previously is being returned to the developer. Mr. MacKenzie concluded that, if the developer loses the sale of Lots 6-E, 7-E and 8-E, which are three of the prime lots in the Subdivision, this Phase of the development will not proceed, and advised that the developer and surveyor are present at the meeting to respond to questions in this regard. During discussion Mr. MacKenzie advised that money-in-lieu of land for public purposes was not discussed; the proximity of Lot LPP-3 to sportsfields in the area was questioned; and Mr. Rodgers expressed the opinion that, concerning the question of whether or not Council can change the land for public purposes without referring the matter to the Planning Advisory Committee for further consideration, when asked to assent to a subdivision plan under the Community Planning Act, Council can reject the Committee's recommendation and, in so doing, must deal with the question of land for public purposes in the manner requested by Mr. MacKenzie in that staff would review the matter and subsequently report to Council, although Council could at this time recommend adoption of land LPP-3 as the land for public purposes in place of Lots 6-E, 7 -E and 8-E. Mr. Bedford explained why the land for public purposes is recommended by the Committee and made the observation that Lot LPP-3 slopes down to the road to the east and is not good land for an interim use for local park purposes if required and further that the City has on a regular basis taken land on an interim basis so that in the future it can create a large consolidated local parksite and, in this case, the land recommended for public purposes provides a good local park site on an interim basis and also provides for land that can be sold in the future and provide a proper neighbourhood park when the total area is developed. Deputy Mayor Gould suggested that the City should accept money-in-lieu of land for public purposes and construct a park/playground on adjacent land which the City owns; and Councillor Davis expressed the opinion that, on the basis that the Phase 3 residents will eventually approach the City to build a playground, the City needs the land and not the money-in- lieu of land. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that Lots 11-B and 12-B as shown on the submitted Tentative plan of Cedar Point Estates Subdivision - Phase 3 be accepted as land for public purposes in lieu of Lots 6-E, 7 -E and 8-E. Question being taken, the motion was carried with Councillors Davis, Gould and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED 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. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. (Councillor Davis withdrew from the meeting.) Messrs. George Richardson, representing concerned citizens of the Sand Cove Road area, and Brian W. Mosher, solicitor for Mr. Paul Chase, were present in the Council Chamber with regard to the proposed subdivision at 881 Sand Cove 82-130 COMMON COUNCIL DECEMBER 18, 1989 Road, which was the subject of a previous report from the Planning Advisory Committee that was tabled at Council's meeting of December 11, 1989. Upon Mr. Richardson's observation that the solicitor for Mr. Chase has indicated that he would prefer to address Council first in this regard, Mr. Mosher appeared before Council and requested that, at this stage, Council consider tabling the above matter until a later date with the opportunity to bring the matter forward for consideration at that particular time. On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. Mr. Richardson expressed agreement with the above tabling motion. (Councillor Coughlan withdrew from and Councillor Davis re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the Planning Advisory Committee report regarding the Galbraith Equipment Co. Ltd. gravel pit at 395 Manchester Avenue be received and filed and Council be kept informed of the adherence of Galbraith Equipment Co. Ltd. to the regulations imposed on it concerning the operation of the pit: AND FURTHER that the presentation by Messrs. Hodges Hamm and Roderick Fournier regarding the gravel pit at 395 Manchester Avenue be referred to the City Manager for response. (Councillors Fitzpatrick and M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. (Councillors Coughlan, Fitzpatrick and M. Vincent re-entered the meeting.) Consideration was given to a report from the City Manager advising that the submitted proposed 1990 budget of the Water and Sewerage Utility is based on increasing the rate for water and sewerage services to a single-family unit from $254.00 to $264.00 per year, or from $63.50 per quarter to $66.00 per quarter, representing an increase of slightly less than 4%, and also contemplates the continuation of the incentive program for early payment so that a citizen may choose to pay $220.00 per unit prior to March 31, 1990 to receive water and sewer services for the entire year, which represents a reduced fee to the citizen of $44.00 per unit, and also that the proposed budget is based on a three and one half cent increase in consumption rates to metered customers and no increase in the annual service charges, while no significant changes are reflected in the revenues received from its special contract customers and that, should negotiations be finalized in 1990, staff will report to Council the effect these agreements will have on the operating results of the Utility. The report also advises that the budget also reflects a reduction to $689,870 from $711,439 in the amount of grants received from the Department of the Environment, and reflects an increase of 8.8% in operating expenses from $8,325,039 to $9,054,100, of which approximately one half is caused by normal inflationary pressures on the operating expenses, with the balance resulting from new initiatives, most notably fluoridation, engineering costs to establish five-year capital programs and increased maintenance and landscaping of utility facilities, all of which are identified as actions within the Goals for Saint John. The report notes that the proposed budget also reflects the intention to write off against 1990 operations $125,000 of capital work which otherwise would have been bonded; and recommends adoption of the submitted resolutions. 82-131 COMMON COUNCIL DECEMBER 18,1989 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the estimate of revenue for the Water and Sewerage Utility for the year 1990 in the amount of $15,312,407 be adopted; a more detailed breakdown of the said estimate is attached and forms a part of these minutes. During discussion Mr. Armstrong commented on the status of the Lancaster sewerage lagoon; Mr. Wilson apprised Council of the format proposed for the water and sewerage utility invoice so as to inform users of the payment dates; and Mr. Butler advised the plans for fluoridation of the City's water supply commencing in 1990 with the Loch Lomond watershed and in 1991 with the Spruce Lake watershed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 1990 in the amount of $15,312.407 be adopted; a more detailed breakdown of the said estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that Council be provided with a breakdown of the budget of the Police Commission, particularly the amount of legal fees budgeted for 1990 and the amount expended for legal fees in 1989. Question being taken, the motion was carried with the Mayor voting "nay". (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Knibb 82-132 COMMON COUNCIL DECEMBER 18, 1989 Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Commissioner of Finance be authorized to disburse funds, the timing of which is to be at his discretion, to the following organizations:- SPECIFIED GRANTS: Victorian Order of Nurses Seafarers' Mission Salvation Army Family Services of Saint John Saint John Human Development Council Volunteer Centre Inc. Saint John Learning Exchange New Brunswick Museum Saint John YM-YWCA Saint John Boys' & Girls' Club Inc. New Brunswick Historical Society Saint John Symphony Fundy Region Development Commission 35,000 Saint John Firefighters' Pipe & Drum Band Saint John Sports Hall of Fame Senior Citizens Transit Subsidy Non-Profit Organizations-Rental Subsidies Senior Citizens - Rental Subsidy Senior Citizens Home - Tax Subsidy Major Tournament Committee Festival By The Sea - Festival Sur Mer, Inc. Cherry Brook Zoo Animal Rescue League Aitken Bicentennial Exhibition Centre Horticultural Association Loyalist Days Inc. Saint John Swim Club Saint John Diving Club Recreation Associations - Various Saint John Riverboat Classic Association of Municipal Administrators I.W.K. Hospital $ 2,400 2,400 1,600 9,600 39,628 3,200 5,000 25,020 64,500 91,500 1,000 6,000 NIL 8,000 50,000 37,280 9,500 23,500 30,000 58,000 105,000 180,000 202,000 80,000 50,000 5,000 3,500 7,500 500 2,000 5,000 $1,143,628 ESTIMATED OPERATING DEFICITS Lord Beaverbrook Rink Saint John Free Public Library Saint John Transit Commission 1,765,000 The Market Square Corporation Saint John Trade & Convention Centre Canada Games Aquatic Centre Saint John Ambulance Service $ 107,500 249,200 195,500 348,600 575,000 215,000 $3,455,800 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited 82-133 COMMON COUNCIL DECEMBER 18,1989 Supply of asphalt November 15-30, 1989 $29,366.62 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 89-11 Daniel Avenue/ KinQsville Road Storm Sewer Que-Mar Construction (Maritimes) Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment Progress Estimate Number 2, Dated December 12, 1989 Final Holdback release $ 56,598.00 50,840.32 NIL 39,916.00 $ 10,924.32 2. Contract 89-1, Concrete Work 1989 - Contract 1 Manatec Ltd. Original Estimated Value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment Progress Estimate Number 5 Dated December 13, 1989 Partial holdback release $668,188.00 561,373.32 10,000.00 477,167.32 $ 74,206.00 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, further to Council's consideration on November 14 of a letter from Mrs. Betty Day concerning signage on Sandy Point Road, in August 1988 staff forwarded a letter to Mrs. Day as a result of her telephone call to the Mayor's Office and enclosed a copy of the submitted map which shows the location of warning and speed limit signs on the southerly portion of the Sandy Point Road within the area of Mrs. Day's residence, and that on November 15 staff made another site inspection and determined that all of the signs shown on the map were still in place; and expressing the opinion that Mrs. Day is seeking exceptional consideration with respect to signage at the location of her driveway; however, the City cannot assume exceptional responsibility for a private driveway particularly when it was constructed without due consideration of roadway conditions and configurations, and further that the Traffic Division of the Police Department has been advised of Mrs. Day's concerns and regular radar surveillance will be continued in the area -- be received and filed, and a copy be forwarded to Mrs. Day. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, with regard to the Environment Committee's December 19, 1988 recommendation that the City encourage local industry by the use of 82-134 COMMON COUNCIL DECEMBER 18, 1989 biodegradable garbage bags wherever possible in its operations, the success of biodegradable plastic is mixed and the results preliminary, and a review of this subject with Municipal Operations concludes that a true biodegradable product is yet to be developed and it is too preliminary to make a decision with the information at hand; also advising that prices obtained for the biodegradable product indicate that the product is twice the cost of the regular bag; and recommending that this report be received and filed and a further report shall be submitted to Council when additional information becomes available which would lead to specific recommendations to Council -- be received and filed and a further report be submitted when available. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that the introduction of a coin to replace the one dollar bill will lead to alterations of parking meter mechanisms which will allow for the use of the new coin in meters with a two or five hour time limit at the current parking meter rate of fifty cents per hour, which requires an amendment to the Parking Meter By-Law stipulating that a one dollar coin is legal payment of the toll for the use of a parking space where a parking meter has been installed; proposing a further amendment to the By-Law which would allow for the experimental use of parking meters with a ten hour parking time limit at a reduced rate in certain areas where parking meter usage is presently minimal, such as on the southerly portions of Prince William and Canterbury Streets below Duke Street where the existing five hour meters are not being used to capacity; also advising that the Saint John Parking Commission has received a proposal from the City of Fredericton that would allow for the use of ten hour parking meters on a six month trial basis at no charge, following which the City would be in a position to evaluate the effectiveness of this type of parking meter in overcoming some deficiencies in long- term parking spaces as defined in the Delcan Parking Study; and recommending that the submitted amendment to the Parking Meter By-Law be given first and second readings and be referred to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". 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 To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a second time: AND FURTHER 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 To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". Councillor Flewwelling expressed opposition to the proposed 82-135 COMMON COUNCIL DECEMBER 18,1989 amendment on the basis that the purpose of parking meters is to provide for short-term parking and not to raise revenue, and the proposed amendment would encourage long- term parking in the business area of the City where parking is already limited; and Councillor A. Vincent suggested that, in view of the City's efforts to promote tourism, consideration should be given to improving the parking meter system at the Saint John Airport. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that a request has been received from a resident of Wilmot Street for a parking restriction on the narrow street which serves as an access route to an apartment building and to one single residential unit and, as a site inspection indicates sufficient off-street parking around the two buildings with additional parking space on vacant land to the north of the street right-of-way, staff feels that the request is reasonable and should be granted; also advising that a parking restriction would be beneficial to snow plowing work and general maintenance; and recommending that the submitted Traffic By-Law amendment be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Wilmot Street, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 Wilmot Street, be read a second time: AND FURTHER that the above-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'. The Mayor suggested that, as the request for the above amendment was from one resident and although it is not the policy to contact area residents, this matter should be reviewed on the basis that other residents complain after the amendment has been enacted. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Council approve the submitted updated policy for the Employee 82-136 COMMON COUNCIL DECEMBER 18, 1989 Assistance Program. (Councillor Landers withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd., in the amount of $32,500, be accepted for the construction of a storage building at Dominion Park. Councillor Flewwelling asked what will be stored in the building and where such items are being stored presently, to which Mr. Armstrong expressed the understanding that the insurance from the Dominion Park caretaker's house which was lost to fire is being used to fund the construction so that equipment can be stored on site, and Mr. Taylor advised that picnic tables and equipment for use at Dominion Park will be stored in the building. Mr. Todd advised that the staff estimate on the cost of the building was $27,000, and that $40,000 was received from insurance. Councillor Flewwelling suggested that the matter should be tabled pending Council being advised of where the equipment is currently being stored and what type and how much equipment is involved. (Councillors Landers and M. Vincent re-entered the meeting during the above discussion.) On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above matter be laid on the tale until the next meeting of Council. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Knibb, Landers and M. Vincent voting "nay". Question being taken, the original motion was carried with Councillors Flewwelling, Gould, Rogers and A. Vincent voting "nay". Councillor Knibb expressed concern that the caretaker's house at Dominion Park had been closed down and proposed a motion, which was seconded by Councillor Flewwelling, that Council's concerns with regard to the above matter be referred to the City Manager, whereupon Mr. Taylor advised that staff would submit a response at Council's meeting of January 1, 1990. Read a report from the City Manager concerning the application of Marilyn MacDonald for the re-zoning of property at 282 Churchland Road (which was given first and second readings at the July 17 public hearing with third reading tabled on July 31 and also the subject of a report from the City Manager which was tabled on December 4); advising that the Minister of Environment is prepared to recommend approval of the one-acre lots along Churchland Road only, conditional upon specific tests being done to the wells proposed and is not prepared to recommend any lots to the rear until a secondary plan is carried out over the total unstaged area of the City; and recommending that (1) third reading be given to re-zone from "RF" Rural to "RR" Rural Residential classification the front portion of the property to provide not more than nine lots fronting on Churchland Road; and (2) the applicant be made aware that an application for subdivision approval is required following re-zoning. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-191 A Law To Amend The Zoning By-Law Of The City Of 82-137 COMMON COUNCIL DECEMBER 18,1989 Saint John", insofar as it concerns re-zoning lots 8 to 15 of Block A and lot 1 of Block B of the proposed subdivision at 282 Churchland Road (being a portion of L.R.I.S. Number 350637), from "RF" Rural to "RR" Rural Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-191 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Nominating Committee, the following persons be appointed to the Civic Centre Committee: Messrs. Lino Celeste, Harry Gaunce, Patrick Darrah, Martin Fineberg, William Stanley, Douglas Anderson, William Grant and Joseph Flynn, Mrs. Marlene Vaughn, Councillors M. A. Vincent and Joseph Coughlan, and Mayor Elsie E. Wayne, Ex Officio Member, and Councillor A. Vincent, Ex Officio Member: AND FURTHER that as recommended by the Nominating Committee Councillor Fitzpatrick be appointed as Council's representative on the committee for the development of the Partridge Island Museum. 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 Flewwelling Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the 1989 budget for the Housing Through Infill Development Program be increased to $615,000.00: AND FURTHER that with regard to an application by B.L.E.U. Non-Profit Housing Inc. for H.I.D. funding for their project at Blue Rock Hill, (1) the condition that projects involving demolition do not qualify for H.I.D. funding, be waived; (2) that a H.I.D. grant of $439,635.00 be approved subject to compliance with all conditions that may be imposed as part of the re-zoning process; and (3) that approval of the H.I.D. grant neither implicitly obligates Council to approve the re-zoning application for the subject project presently being processed. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on December 11, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the land on the eastern side of Bayside Drive known as L.R.I.S. Number 449363 be leased to Mediacom Inc. for the erection of a poster panel under the following conditions:- (1.1) the term of the lease to be January 1, 1990 to December 31, 1994 with a right to renew for a further 82-138 COMMON COUNCIL DECEMBER 18, 1989 five-year term at a negotiated rent; (1.2) the rental to be $600.00 per annum payable annually in advance; and (1.3) execution of a lease agreement in form and substance acceptable to the Legal Department; and (2) the request of Mediacom Inc. to lease land on Chesley Drive across from Ocean Steel be denied. 2. That as recommended by the City Manager, the sub-lease between the City and the Provincial Department of Supply and Services for 822 square feet of space on the 12th floor of the City Hall building, which is used by the Social Welfare Appeals Board, be renewed for a three-year period at the following rentals payable in advance: January 1, 1990 to December 31, 1990 - $1,100.00 per month; January 1, 1991 to December 31, 1991 - $1,150.00 per month; and January 1, 1992 to December 31,1992 - $1,210.00 per month 3. That a grant of $500.00 be approved for Saint John Hearing Society Inc. to assist in the funding of its workshop which was held on December 1 and 2, 1989. 4. That as recommended by the City Manager, the property on the corner of Champlain Drive and York Street known as L.R.I.S. Number 317578 be acquired from Irving Oil Limited, a portion of which is required for the future realignment and connection of Champlain Drive to McAllister Drive Extension and the remaining portion to be subdivided into building lots to be sold, under the following terms: (1) the City will sign a purchase and sale agreement with the Company's agent, Central Guaranty Trust; (2) the purchase price will be $40,000.00 and will consist of a deposit of $2,800.00 (7%) and $37,200.00 on closing; and (3) transfer of title will take place on or before January 31,1990. 5. That as recommended by the City Manager, the City make a one-time grant of $200,590.00 to Festival By The Sea - Festival Sur Mer, Inc., such amount to cover the accumulated losses of $183,590.00, and the projected expenditures of $17,000.00 from October 1, 1989 to December 31, 1989; (2) $58,000.00 be included in the 1990 operating budget to be used for the 1990 Festival; (3) Festival By The Sea - Festival Sur Mer, Inc., be informed that the City will not be guaranteeing any loans; and (4) the City advise the Festival organizers that the City of Saint John will not be responsible for any operational losses which may result. December 18, 1989, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb 82-139 COMMON COUNCIL DECEMBER 18,1989 Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. Read a letter from the Saint John Parking Commission recommending approval of the submitted resolution with regard to the appointment of a by-law officer. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, and Section 8(1) of the Saint John Traffic By-Law, namely: Allan John Hackett: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk