Loading...
1990-01-29_Minutes 82-178 COMMON COUNCIL JANUARY 29,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of January, AD. 1990, 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; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Armstrong, Director of Engineering; J. Johnson, Building Inspector; D. Sherwood, Chief of Police; G. Ingraham, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; P. Asimakos, Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on January 22, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed the following:- 1990 to be International Literacy Year and advised that Dr. G. Forbes Elliot was earlier this date appointed Honourary Chairman for 1990 International Literacy Year in Saint John and will be embarking upon an awareness program of the problem in the City; February 4 to 10 to be Bowl For Kids Week in support of Big Brothers-Big Sisters of Saint John; the week of January 29 to be Junior Achievement Week; and the month of February to be Cable Television Month; and commended the organizers and participants of Skate to Care 1990 which was held at Lily Lake on January 27. The Mayor welcomed to the Council Chamber members of the Ketepec Scout Troop to whom she briefly explained the Council meeting procedure to assist them in their efforts to earn their citizenship badges. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that a recommendation of The Market Square Corporation which was considered in Committee of the Whole earlier this date, regarding a tenant in the City Market building, be added to the agenda for consideration at this meeting: AND FURTHER that the City Solicitor's letter regarding an invoice for legal fees in the matter of City of Saint John v. Revenue Properties Company Limited, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor A Vincent RESOLVED that the Common Council 82-179 COMMON COUNCIL JANUARY 29, 1990 of the City of Saint John express sympathy to the family of the late Mr. S. Roy Kelly, Q.C., a former member of Common Council, who passed away on January 26, 1990. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a Zoning By-Law text amendment to add the following to the list of permitted uses in Section 640(1)(a): "- auto body paint or repair shop", to make auto body or repair shop a permitted use in the "1-3" Light Industrial Park zone, and to permit the continued use of the premises at 1214 Fairville Boulevard for an auto body repair shop, as requested by Mr. Michael J. Nichols doing business as Scooters Auto Body, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council amend the Zoning By-Law by adding the following to the list of permitted uses in Section 640(1)(a): "auto body paint or repair shop", on condition that: (a) the older of the two signs indicating the applicant's business be removed; and (b) no outside storage of junk vehicles or parts and equipment be permitted. Mr. Theodore Wilson, solicitor for the applicant, appeared before Council in support of the above-proposed amendment to respond to Council queries in this regard, and advised that the applicant concurs with the Planning Advisory Committee's recommendation, the matter concerning the signs having been already rectified the week of January 22. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding the following to the list of permitted uses in Section 640(1)(a): "auto body paint or repair shop", 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 M. Vincent Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by adding the following to the list of permitted uses in Section 640(1)(a): "auto body paint or repair shop", be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting due to a possible conflict of interest.) The Common Clerk advised that the necessary advertising was completed with regard to (a) the proposed re-zoning of two properties at 105 St. James 82-180 COMMON COUNCIL JANUARY 29,1990 Street West and 69 St. James Street West (L.R.I.S. Numbers 365650 and 367565, respectively), from "R-2" One- and Two-Family Residential to "RM-2" High Rise Multiple Residential classification, and (2) amending the Section 39 resolution of January 9, 1989 with respect to the adjacent 1.8 acre site known as 73 St. James Street West, to expand the site which was previously re-zoned and revise the proposal to increase the number of units from 51 to 61 units, which are to be developed in a 3 to 3 1/2 storey building not a 7 storey building as previously approved, as requested by B.L.E.U. Non- Profit Housing Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) 105 and 69 St. James Street West (L.R.I.S. Numbers 365650 and 367565, respectively) be re-zoned from "R-2" One- and Two- Family Residential to "RM-2" High Rise Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which will (a) limit the development of the site to the 61-unit proposal; (b) require submission and approval by the Development Officer of detailed plan showing: (i) on-site storm drainage systems; (ii) underground wiring on the site; (iii) poured-in-place concrete curbs adjacent to all vehicular areas; and (iv) landscaping adjacent to the building and parking areas; (c) prohibit the issuance of a building permit or construction of the building prior to approval of plans required in (b); and (d) require construction to begin by December 31, 1992; and (2) amend the Section 39 resolution of January 9, 1989, with respect to 73 St. James Street by: (a) amending condition (a) to adopt the proposed 61-unit development, and (b) extend the date for beginning construction in (d) to December 31, 1992. Mr. Patrick Gorman, Q.C., solicitor for B.L.E.U. Non-Profit Housing Inc., appeared before Council in support of the proposed re-zoning and advised that the applicant concurs with the Planning Advisory Committee's recommendations in this regard. Mr. Louis Murphy, M.L.A. - Saint John Harbour, appeared in support of the above application and expressed the opinion that the proposed project will be the catalyst necessary to give an impetus to improvement in the West Side area of the City. Mr. Murphy requested Council's favourable consideration of the above application. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two properties at 105 St. James Street West and 69 St. James Street West (L.R.I.S. Numbers 365650 and 367565, respectively), from "R-2" One- and Two-Family Residential to "RM-2" High Rise Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two properties at 105 St. James Street West and 69 St. James Street West (L.R.I.S. Numbers 365650 and 367565, respectively), from "R-2" One- and Two-Family Residential to "RM-2" High Rise Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 82-181 COMMON COUNCIL JANUARY 29, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 resolution of January 9, 1989, with respect to 73 St. James Street West be amended by: (a) amending condition (a) to adopt the proposed 61-unit development, and (b) extend the date for beginning construction in (d) to December 31, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above amendments be received and filed. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.). The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend Section 310(2)( c)(ii) to read (ii) "notwithstanding (i) above, a parking area, located at 328 to 350 Union Street may be used for purposes of providing parking for uses which are not located and permitted in the same zone.", to add 350 Union Street (L.R.I.S. Numbers 55027676 and 17715) to the existing Section 31 0(2)(c)(ii) which only included 328-346 Union Street, 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 Section 310(2)(c)(ii) of the Zoning By-Law be amended to read "notwithstanding (i) above, a parking area, located at 328 to 350 Union Street may be used for purposes of providing parking for uses which are not located and permitted in the same zone.". Mr. Patrick Gillespie, Associate Counsel for Irving Oil Limited, appeared in support of the proposed text amendment and expressed agreement with the Planning staff and Planning Advisory Committee's recommendations in this regard. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 310(2)(c)(ii) to read "notwithstanding (i) above, a parking area, located at 328 to 350 Union Street may be used for purposes of providing parking for uses which are not located and permitted in the same zone.", be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by amending Section 310(2)(c)(ii) to read "notwithstanding (i) above, a parking area, located at 328 to 350 Union Street may be used for purposes of providing parking for uses which are not located and permitted in the same zone.", be read a second time. 82-182 COMMON COUNCIL JANUARY 29,1990 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 915 Red Head Road (L.R.I.S. Number 338350), containing approximately 4,290 square meters (1.06 acres) with a frontage of 92 meters (302 feet), from "RS-2" One-and Two-Family Suburban Residential to "1-1" Light Industrial classification, to use the site for the purpose of a landscape construction and lawn maintenance business, as requested by Mr. Peter J. Scholten, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the above property be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification pursuant to an agreement under Section 39 of the Community Planning Act on the condition that: (a) the storage and use of the chemicals on site be permitted only when in conformance with all Provincial and Municipal regulations; (b) no new buildings or further addition to the existing buildings used for the business be permitted without application; (c) the vehicles used in the business use only the westerly access; (d) 1.8 meters (6 feet) board-on-board wood fencing and further conifer screening be as shown on the submitted site plan; (e) the storage of bulk oil or gasoline be above ground in conformity with all Provincial and Municipal regulations and be no greater than 500 gallons; (f) outside storage of materials and equipment be kept in the courtyard area and on the interior side of all fenced areas as indicated on the submitted site plan and that no bulk storage be permitted on site notwithstanding (e); and (g) the applicant negotiate with the City a resolution of the street encroachment. Mr. Ben Scholten of 915 Red Head Road appeared in support of the application and expressed agreement with the above recommendation. In response to Council queries, Mr. Scholten advised that he recently relocated the business operation from 194 Roderick Row to the property in question and that the business employs between ten and fourteen persons; and, with regard to chemical storage on the property, advised that chemicals used for lawn service include herbicides and insecticides which are inspected yearly by the Provincial Government. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 915 Red Head Road (L.R.I.S. Number 338350), containing approximately 4,290 square meters (1.06 acres) with a frontage of 92 meters (302 feet), from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend 82-183 COMMON COUNCIL JANUARY 29, 1990 the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 915 Red Head Road (L.R.I.S. Number 338350), containing approximately 4,290 square meters (1.06 acres) with a frontage of 92 meters (302 feet), from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a 1.3 acre parcel of land at 1260 Manawagonish Road (L.R.I.S. Number 398669), with a street frontage of 229 feet, from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to demolish the existing building and erect fourteen (14) one-storey two- bedroom townhouses in three buildings with related parking and landscaped areas, as requested by Manford M. Thompson Construction Company Limited, and that twenty- one written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (A) the 1.2 acre site known as 1260 Manawagonish Road be re-zoned from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which would require that: (1) the site be developed in accordance with the submitted building elevations and site plans which will contain the following elements and form part of this agreement: (a) a maximum building height limit of one and a half storeys, (b) a detailed landscaping plan to include locations and type of existing and proposed trees and shrubs and (c) a site plan showing utility and service easements; and (2) designation of the existing farmhouse be pursued and the farmhouse be restricted to those uses permitted in the "R-1A" One-Family Residential zone; and (B) third reading not be given until the agreement has been fully executed. Mr. Eric L. Teed, Q.C., solicitor for Shirley Pettifer of 1 Quinton Avenue which is adjacent to the subject property, appeared in opposition to the proposed amendment on the basis that the Quinton Heights area was set aside a number of years ago as a subdivision for single-unit dwellings and, while it would be expected that a purchaser of the subject property would do so expecting to develop it with single- family units, such is not the case, and that there is no reason or justification why the property should not be put on the market for single-family dwellings. Mr. Teed, in referring to the above application, questioned the meaning of garden homes and the intent to market same to senior citizens as there is no suggestion in the above correspondence to indicate that sale of the units would be limited to senior citizens, and made the observation that the statement in the application to the effect that residents of the adjoining properties seem to favour removing the existing vacant building and approving the fourteen units is not wholly true as his client does not approve of same and he understands that there are other adjacent property owners who also do not approve. Mr. Teed made the observation that, with the exception of a barn in the adjacent area which is zoned to allow multi-use, the area is of a single-family nature; suggested that the letter forwarded to area residents by the Planning Department respecting the subject application is misleading as it refers to the retention of the "R- 1A" zoning for the existing building, while the Planning Advisory Committee's recommendation is that the entire 1.2 acres be re-zoned from "R-1 A" to "RM-1 "; and suggested that recommendation (2) above of the Committee does not solve the problem because, if the land is re-zoned in a block and the use for the farmhouse 82-184 COMMON COUNCIL JANUARY 29,1990 somehow changes, that would destroy and revert the entire zoning for the reason that, if a Section 39 agreement is broken, the normal procedure is that the re-zoning reverts which would mean that there could be multiple homes or whatever in a single-family zone which is not proper. Mr. Teed also suggested that, based on his understanding that no by-law was prepared and available for examination when the public advertising was commenced in accordance with the Community Planning Act, the Act has not been followed or complied with and the procedure should be properly started again. Mr. Teed questioned the propriety of a proposed Section 39 re-zoning on the assumption that the application was submitted as a general application under Section 68 of the Community Planning Act with no restrictions wanted. Mr. Teed further suggested that the application not be proceeded with at this time and the procedures be followed and that, if the developer wants to put a contract in place the proposal should be defined, particularly with respect to the existing farmhouse, should at some future time the developer be in a position to pursue demolition and develop the farmhouse property. Mr. Teed requested that the application not be approved at this time. During discussion Mr. Teed explained that his concern about the farmhouse property is that, should the farmhouse be demolished subsequent to re- zoning of the entire property to an "RM-1" classification, the zoning could be extended while, if the zoning of the farmhouse property remained in its current "R 1-A" zoning as was the understanding of the residents, the developer would not be able to develop it otherwise; therefore, the intent has not been manifested in a proper written form which protects the City and the residents of the area. Mr. Manford Thompson, President of Manford M. Thompson Construction Company Limited, was present in support of his application for re-zoning, and explained that the majority of residents to whom he circulated a sketch showing 14 townhouses and demolishing the existing building were in favour of the proposal and that, having subsequently submitted to the Planning Department a tentative plan following which he was informed about the proposed heritage designation of the farmhouse, he agreed to the Planning Department's suggestion and revised his proposal to twelve townhouses and to retain the existing home, although he was agreeable to either proposal. During discussion Mr. Thompson advised his intent to construct the units in a manner in keeping with the appearance of the existing farmhouse; noted that his property is in an area in which there is a motel on one side and a ten-unit apartment building to the rear, with single-family dwellings on only one side; advised that, if the property is designated a heritage home, he would put it on the market at a fair price for six months in accordance with the Preservation Area By-Law and, if not sold within that time, it would be his intent to tear the building down, and further that, while it is his intention to market the units only to senior citizens, the Constitution prevents him from denying sale to younger persons who may be interested in purchasing the units; and expressed the opinion that currently there is a great over-supply of single-family homes in the area of the West Side in question and that, in view of the need for senior citizen housing in the area, the location is ideal for his development. Mr. Bedford explained that, if the above recommendation is adopted, the portion of the property on which the farmhouse is located would not have to be re-zoned in order to permit the developer to add three garden homes, if in the end, the farmhouse is demolished; and, having explained the process under the Preservation Area By-Law, advised that, while the recommendation could have indicated that the single-family home retain its single- family zoning and the balance of the property be re-zoned for multiple use, adoption of the above recommendation would mean that the house would remain in a non- conforming use in perpetuity if it is designated, purchased and renovated; therefore, the process proposed would reduce the steps required to redevelop the site if the existing building is, in fact, demolished; however, the Section 39 conditions would have to be amended. Mr. Hodges Hamm appeared in support of the above application as the realtor representing Mr. Thompson in the purchase of the subject property and advised that he approached Mr. Thompson with a proposal after his firm, Re/Max Professionals Ltd., spent two years trying to market the property for single-family purposes; and noted that a previous application for re-zoning for a three-storey townhouse and a commercial use for the existing farmhouse was denied by Council. Mr. Hamm expressed the opinion that there is a need for senior citizen housing and assured Council that the 82-185 COMMON COUNCIL JANUARY 29, 1990 majority of the proposed townhouses would be sold to the senior population and that this project would look after the needs of the West Side. Mr. Rodgers explained that Council is restricted by the Community Planning Act, the application and the public advertising as to what it can do with respect to removing something from the re-zoning where the application includes it; however, Council has before it two issues, one being the planning policy and the other being legal questions raised by Mr. Teed; the former with which Council can deal by whatever resolution it wishes to make and, if the planning policy proceeds in the form of first and second readings, he will then give Council the benefit of legal advice from Mr. Teed's point of view prior to third reading. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the 1.2 acre site at 1260 Manawagonish Road (L.R.I.S. Number 398669), from "R-1A" One- Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Landers, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the 1.2 acre site at 1260 Manawagonish Road (L.R.I.S. Number 398669), from "R-1A" One- Family Residential to "RM-1" Three-Storey Multiple Residential classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Landers, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above questions raised by Mr. Teed be referred to the City Solicitor. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the correspondence 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 parcel of land at 450 Westmorland Road (L.R.I.S. Number 55061147), having an area of 43,721 square meters and a frontage on Westmorland Road of 195 meters, from "1-1" Heavy Industrial 82-186 COMMON COUNCIL JANUARY 29,1990 to "SC" Shopping Centre classification, to permit a shopping plaza with approximately 110,250 square feet of space on a lot across Westmorland Road from Sears, as requested by Clearview Mobile Homes Ltd., and that a written objection was received in this regard from Mr. Del Ferguson. Consideration was also given to a letter from the Planning Advisory Committee recommending that 450 Westmorland Road (L.R.I.S. Number 55061147) be re-zoned from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which will require that: (a) the property be developed in accordance with the submitted proposal; (b) the developer design and build, in accordance with a plan approved by the Chief City Engineer, an extension to Mark Drive north of Westmorland Road the full depth of the re-zoned land; (c) the extension to Mark Drive must be constructed within 8 months of a building permit being issued and when completed transfer the newly-constructed street to the City; (d) the developer pay all cost incurred by the City in purchasing and installing traffic signals and associated equipment at the Park Plaza/Sears intersection with Westmorland Road; (e) prior to building permit approval, the developer provide letters of credit for items (b) and (d) in amounts estimated by the Chief City Engineer to ensure completion of said work; (f) prior to building permit approval, the developer prepare and receive approval from the Chief City Engineer of detailed servicing plans; (g) prior to building permit approval, the developer prepare and receive approval from the Director of Planning of the detailed design and location of all buildings and a detailed site plan illustrating the precise size, location and configuration of all buildings, access and exit driveways, paved parking areas, internal vehicle routes, loading/unloading areas, landscaped areas, concrete curbing and sidewalks; (h) the developer construct all underground power and telephone services in accordance with plans approved by the appropriate utility company, with plans to be approved by the utilities prior to issuance of a building permit; (i) the developer provide, at no cost to the City, easements which may be required as a result of items (f) and (h); U) snow is piled in accordance with a plan approved by the Chief City Engineer; and (k) a fence on the rear property line, and a landscaped area with a minimum depth of 3 meters adjacent to the fence, be developed in accordance with a plan approved by the Director of Planning; and (2) assent be given to a subdivision plan showing the required municipal services and utility easements at 450 Westmorland Road. Mr. Del Ferguson of 579 Rothesay Avenue appeared in opposition to the above-proposed amendment on the basis that further development in the area will result in additional flooding and that a recent newspaper article made reference to a staff report which said that the land had originally been designated as flood water storage areas. Mr. Paul Zed, solicitor for the applicant, appeared in support of the application and expressed agreement with the Planning Advisory Committee's recommendations. The Mayor asked the effectiveness of the Flood Risk Area By-Law in protecting citizens to which Mr. Johnson replied that the By-Law provides a level of protection for citizens and that, in fact, combined with the other actions taken by the City during the last fifteen years, in his opinion from his preliminary review of a report being prepared on the By-Law and the flood risk area, it is far better than had been anticipated; and Messrs. Robichaud and Johnson commented on flooding conditions in the City during a heavy rain the week of January 22, and the Mayor concurred with Mr. Johnson's suggestion that the matter of the By-Law and the flood risk area should be the subject of a teach-in of Council and requested that this teach-in be held prior to enactment of the proposed By-Law amendment. Councillor Flewwelling expressed opposition to the proposed re-zoning on the basis that, not only will a shopping area on the subject property detract from business in the uptown area of the City, but with regard to the distance between the development and the compensatory flood storage location. (Councillor A. Vincent withdrew from the meeting during the above discussion.) On motion of Councillor M. Vincent Seconded by Councillor Fitzpatrick 82-187 COMMON COUNCIL JANUARY 29, 1990 RESOLVED that the application of Clearview Mobile Homes Ltd. for the re-zoning of 450 Westmorland Road be laid on the table pending a teach-in of Council at the next meeting on the matter of the flood plain and the possible effects of the proposed development. Question being taken, the tabling motion was carried. (Councillor Knibb withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 500 Westmorland Road (L.R.I.S. Number 55061139), having an area of 31,057 square meters and a frontage on Westmorland Road of 195 meters, from "1-2" Heavy Industrial to "SC" Shopping Centre classification, to permit a furniture store on a lot across from Westmorland Road, as requested by Clearview Mobile Homes Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) 500 Westmorland Road (L.R.I.S. Number 55061139) be re-zoned from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which will require that: (a) the property be developed in accordance with the submitted proposal; (b) all municipal services on site be installed in accordance with a plan approved by the Chief City Engineer, with approval of the plan to be received prior to building permit approval; (c) detailed plans which will indicate the design, the location and size of all buildings, access and exit doorways, parking areas, internal vehicle routes, loading/unloading areas, landscaped areas, concrete curbing and sidewalks be approved by the Director of Planning prior to building permit approval; (d) underground power and telephone services be constructed in accordance with plans approved by the appropriate utility company, with plans to be approved prior to issuance of a building permit; (e) the developer provide, at no cost to the City, easements which may be required as a result of items (b) and (d); (f) snow is piled in accordance with a plan approved by the Chief City Engineer; and (g) a fence on the rear property line, and a landscaped area with a minimum depth of 3 meters adjacent to the fence, be developed in accordance with a plan approved by the Director of Planning; and (2) assent be given to a subdivision plan showing the required municipal services and utility easements required at 500 Westmorland Road. Mr. Paul Zed, solicitor for the applicant, was present in support of the proposed re-zoning and expressed agreement with the Planning Advisory Committee's recommendations in this regard. (Councillor A. Vincent re-entered the meeting.) Councillor Fitzpatrick asked if the applicant would be willing to agree to provide on-site fire hydrants as it is indicated in the submitted Planning staff report that the Fire Department advises that hydrants may be required, to which Mr. Zed replied that such could be the subject of a Section 39 agreement. Councillor A. Vincent proposed a motion to adopt the Planning Advisory Committee's recommendation. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the application of Clearview Mobile Homes Ltd. for the re-zoning of 500 Westmorland Road be laid on the table pending a teach-in of Council at the next meeting on the matter of the flood plain and the possible effects of the proposed development. Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". 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 lot containing approximately 2500 square feet located at 327 82-188 COMMON COUNCIL JANUARY 29,1990 Charlotte Street (L.R.I.S. Number 002279), from Medium Density Residential to Light Industrial classification, to permit re-zoning of the lot from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification so that it may be used for a bottle exchange, as requested by Mr. Willard Trites. (Councillor Knibb re-entered the meeting.) Councillor Landers asked if the above property is the location of a current bottle exchange operation to which Mr. Johnson replied that, although the bottle exchange was definitely open for some period of time subsequent to the last re-zoning application, he has not personally checked the site and the matter is on hold in his office because of the current application. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, two parcels of land located at 152-156 Westmorland Road (L.R.I.S. Numbers 317974 and a portion of 413401), located on the corner of Westmorland Road and Northumberland Avenue and together contain approximately 16,000 square feet, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the parcels from "R-2" One- and Two-Family Residential to "B-2" General Business classification so that they may be developed and used for offices and two dwelling units in one building, as requested by Blair Construction Ltd. Councillor M. Vincent asked if the above application is the same as a previous application by the same applicant for a similar type of development and also asked what action has been taken to date with regard to conditions considered to be in violation of the zoning to which Mr. Bedford replied that the application is similar, although sufficiently different so as to be reconsidered by Council, and that the amount of land included in the above application, as he understands it, is reduced from that in the last application, and noted that Council, on December 11, 1989, adopted the City Manager's recommendation that, should no application for re-zoning be received from Mr. Blair by January 3, 1990, staff would be requested to develop recommendations to Council with respect to non-conforming uses of the property. Councillor M. Vincent asked that staff submit to Council at its next meeting a recommendation as to action that should be taken with respect to known violations of which staff is aware and has made no recommendation on action which should be taken to correct same, and Councillor Rogers asked that Council also be advised of the difference between the previous and above applications so that Council can decide if the difference is significant enough to warrant reconsideration. (Councillors Fitzpatrick and Landers withdrew from the meeting.) (Councillor A. Vincent withdrew from the meeting due to a possible conflict of interest.) The Common Clerk advised that the necessary advertising was completed with respect to a proposed Street Closing By-Law amendment to close a portion of the street known as Blue Rock Street, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Flewwelling 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 Blue Rock Street, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb 82-189 COMMON COUNCIL JANUARY 29, 1990 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 Blue Rock Street, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. (Councillor Landers re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne advising that it was mentioned at the Cities of New Brunswick Executive meeting that the Federal Government is considering the possibility of implementing a license for CB radios; and requesting that the City Manager inform Council of the amount it will cost if, in fact, this policy becomes a reality -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter and photographs from Seagulls of Market Square Seniors with regard to parking problems in front of the seniors' complex -- be referred to the City Manager for investigation. Councillor Coughlan asked that the Police Department enhance its observation of the disabled parking as disabled persons seem to have problems utilizing such areas due to others parking therein; Councillor Landers requested that the matter of taxi parking in the Market Square area also be addressed; and the Mayor asked that a problem of trucks travelling through the Champlain Heights area be investigated. (Councillor A. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne requesting that, due to the recent accidents on Hilyard and Broad Streets involving lumber trucks, the City Manager and appropriate staff provide a verbal report in Council on this date to bring Council up to date on the circumstances leading to these incidents, and suggesting that perhaps changes should be made in the trucking routes or load capacities; and the letter from Councillor Landers requesting that, in light of explanations given for recent pulp truck accidents in the City involving the grade of the street or a catch basin, the City review the condition of the streets used as truck routes, the speed limits on such routes and whether changes should be made before a serious accident occurs, and also that Council be provided with statistics on the number of such accidents in the City during the past year -- be laid on the table because it is a matter of a Police investigation. Question being taken, the tabling motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Councillor 82-190 COMMON COUNCIL JANUARY 29,1990 Fitzpatrick requesting that Council be provided with a report on the lack of development of the City-owned lands in the Rockland Road-Moore Street area -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by The Market Square Corporation, a notice of termination be issued to Nipa Hut to vacate premises in the City Market by March 1, 1990, if a Signed offer to Lease the said premises is not received by January 30, 1990. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor Fitzpatrick expressing concern about the lack of progress with regard to both the Bi-Capitol and civic centre projects during the past few years; expressing the opinion that the City is in need of both these projects as soon as possible, not only for its individual contributions to the life of the City but, just as importantly, the indecision and delay has contributed greatly to the change in attitude of the citizens from one of pride and vitality in the early and mid 1980s to the negativism of the present; and proposing that serious thought be given to using land in the North End-Millidgeville area for a new development containing a sportsplex, a performing arts centre, a new racetrack and exhibition grounds and a high class baseball/softball stadium, which would not only bring these much-needed facilities to an early completion but would also free up the present Exhibition property for development more in keeping with the area - - be referred to the Regional Civic Centre Committee and the Bi-Capitol Board. 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 certificate, namely:- 1. Re-roofinQ Lily Lake Pavilion Peter A. Martin Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 18, 1990 $28,991.00 27,058.35 Nil 22,950.00 $ 4,108.35 Question being taken, the motion was carried. On motion of Councillor Flewwelling 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. 10th Floor City Hall - Sprinkler System Viking Fire Protection Ltd. Original estimated value of contract Total work done, Estimate Number 2 $16,085.00 16,085.00 82-191 COMMON COUNCIL JANUARY 29, 1990 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated January 22, 1990 Nil 13,672.25 $ 2,412.75 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that the City has had an $11,200,000 line of credit with the Bank of Nova Scotia for a number of years, such amount representing $3,200,000 for general operating purposes and $8,000,000 for bridge financing on capital expenditures and that, while it is unlikely that actual borrowings will reach these levels, there is no harm in having the credit limits in place as a precautionary measure; and recommending adoption of the submitted resolution which the Bank of Nova Scotia has requested to be passed by Common Council to formalize the line of credit for 1990. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Commissioner of Finance is hereby authorized to borrow on behalf of The City of Saint John (the Corporation) from The Bank of Nova Scotia (the Bank) from time to time by way of promissory note a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1990: AND FURTHER that the Commissioner of Finance is hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine: AND FURTHER that the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid: AND FURTHER that the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the moneys hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the moneys collected or received from any other source: AND FURTHER that the City of Saint John establish a non-revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting due to a possible conflict of interest.) Read a letter from the City Manager advising that, in connection with the sale and assignment of Market Square to the Bank of Nova Scotia, which the Court approved in December 1989, a number of consents are required by the City, including (1) Assignment of Insurance Trustee Agreement - Head Lease, (2) Covenant on Assignment of Insurance Trustee Agreement - Head Lease, and (3) Assignment of Central Building Complex Construction Agreement, and that the Legal Department has examined and reviewed the documentation and the City is working closely with The Market Square Corporation to ensure the consistency of the documents. On motion of Councillor Knibb 82-192 COMMON COUNCIL JANUARY 29,1990 Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the consents and any documentation required in connection with the sale and assignment of Market Square to The Bank of Nova Scotia Properties Inc. The Mayor explained that the above matter involves no exchange of money and relates to the Bank's efforts to get the Market Square complex out of receivership, and that the above documentation preserves the covenants among the parties. Councillor A. Vincent questioned the possibility of a conflict of interest for Council members who own shares in the Bank of Nova Scotia. (Councillor A. Vincent withdrew from the Council table.) Question being taken, the motion was carried. (Councillor A. Vincent returned to the Council table.) On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager referring to the Province's adoption in Regulation 89-108 of a Blasting Code Approval, of which Council was informed in Committee of the Whole on September 18, 1989 at which time staff was requested to review the code and bring forward a by-law for Council's consideration; advising that Mr. Michael Whitford of Jacques Whitford and Associates voluntarily reviewed the Provincial regulations and provided the City with his comments concerning the regulations and, by way of example, draft legislation which his firm prepared for the town of New Bedford, Nova Scotia; also advising that, although there will be a cost involved with implementing a blasting by-law, the costs associated with the recommendations are not significant; expressing the opinion that the Provincial regulation should be amended as indicated in the submitted copy of the existing code as well as the staff proposal which would involve various amendments, including (1) expanding the scope of the regulation to include all blasting within municipalities; (2) requiring the company proposing to do the blasting to engage a professional geotechnical consultant to: (i) prepare an appropriate blasting program; (ii) conduct pre-blast surveys; (iii) monitor all blasting activity; and (iv) prepare reports for the municipality as required; (3) removing the requirements for elaborate plans of the blasting site; (4) inclusion of a requirement to test wells in the area of the pre-blast survey; (5) elimination of the setbacks from property line; (6) relaxation of the peak particle level limit from 1.25 cm per second to 2.5 cm per second; (7) removal of the sections dealing with the specific methods to be employed by persons monitoring blasting and replacing these requirements with performance criteria; and (8) revision of the written documentation to ensure that the monitoring program has been properly implemented and make it easier to use; suggesting that Council should consider establishing a system of permits and fees to be charged for the issuance of blasting permits as the municipality should be able to recover its costs from the blasting industry and, without a system of permits, control is certainly going to be very difficult to attain; and recommending that (1) this report be referred in its entirety to the Minister of Municipal Affairs and that he be requested to consider the revised blasting code approval regulation which is submitted; (2) the Minister of Municipal Affairs be requested to consider amending the Municipalities Act to provide for a permit system for blasting permits; and (3) Mr. Michael Whitford, P. Eng., of Jacques Whitford and Associates, be thanked for the advice he has provided, at no cost, in regard to the City's review of this regulation -- be received and filed and the recommendations adopted. (Councillor M. Vincent re-entered the meeting.) Mr. Johnson explained that the proposed revision to the Provincial regulation is for the reason that the City wants blasting control over other than quarry blasting and staff did not feel it could enforce the Provincial regulation; and that the 82-193 COMMON COUNCIL JANUARY 29, 1990 pre-blast survey will make residents aware of blasting to be carried out in respective areas. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a summary of a report prepared by a committee comprised of Deputy Chief Tait and staff of the Housing and Property Management Department which was formed to implement Common Council resolution of February 13, 1989 adopting in principle the need to replace #7 Fire Station on Church Avenue West and authorizing staff to identify and take appropriate action to acquire a location for construction of a new station, which details the fire protection needs of Saint John West and presents alternatives for responding to these needs, with the following conclusions being that: (A) Station #6 on King Street West and #7 Station should be consolidated into one station, such consolidation only to take place once a resolution is found to the barrier imposed by the CP Railway crossings at Simms Corner, Pine Avenue and Molson Avenue; and (B) a site on Ready Street should be selected as the location for the new station. The report refers to Council's adoption in Committee of the Whole on November 27, 1989 of staff's recommendation to approve the Ready Street site as a location of a new fire station and authorize staff to negotiate its purchase, and to approve the consolidation of #6 and #7 Fire Stations subject to the Fire Chief being satisfied that sufficient means to deal with the barriers imposed by CP Rail crossings have been found and that adequate apparatus is in place to meet the fire protection needs of Saint John West and further to provide semi-annual reports on his progress in this regard; explains that, in order to facilitate negotiations for purchase of the recommended site, these recommendations were not reported to open session of Council at that time; also advises that negotiations for the purchase of the recommended site have not yet resulted in agreement on the price and that, because of the urgency of the need to proceed with the design and construction of the fire station as soon as possible, the process of expropriation should be commenced immediately; and recommends adoption of the submitted resolution as prepared by the Legal Department. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City Solicitor or his designate be authorized to initiate and proceed with all steps necessary to expropriate from the owner or owners for the purpose of building a fire station the fee simple absolute title in and to the lands designated as Lot B area 52,510 square feet on a subdivision plan entitled "Subdivision Plan City of Lancaster to Stephen Clark M. D. situated City of Lancaster Saint John Co., N. B." dated November 30, 1966 prepared by Murdoch-Lingley Limited per H. P. Lingley, N. B. Land Surveyor, said subdivision plan having been filed in the Saint John County Registry Office on February 20, 1967 as File 43 #92, and further that the Mayor and Common Clerk be authorized to execute all documentation required in the expropriation proceedings. Councillor Flewwelling expressed opposition to the above motion on the basis of locating a fire station on a hill and to the combination of two fire stations, as well as the problems caused by the railway crossings. Councillor Rogers asked staff to report chronologically on the dealings prior to the above motion to which Mr. Rodgers suggested that Council should seriously consider that, under the Municipalities Act, the City has the authority to expropriate land for a fire station, and the Expropriations Act encourages negotiations and that, if Council adopts the above resolution, continuing negotiations are not precluded; and expressed the opinion that Council should not get involved with discussing the matter that could prejudice any further negotiations. Mr. Todd advised that staff has been meeting internally to review alternatives and deal with the problems of the railway tracks, and discussions are presently going on with the Railway relative to the alternatives, and that it is anticipated that a proposal should be available for Council's consideration in the short term in this regard. Deputy Chief Tait, in response to Councillor Rogers, advised that monies have been allocated for the full year of 1990 for the operation of #6 Fire Station and expressed the opinion that consolidation of #6 and #7 Fire Stations would provide better fire protection and coverage for the West Side of the City, notwithstanding having to overcome the railway barrier. Councillor Rogers asked if, as indicated in Committee of the Whole, a 82-194 COMMON COUNCIL JANUARY 29,1990 commitment had been made by a previous Council that the #6 Station would not be closed, to which Deputy Chief Tait replied that, having reviewed the records in the Fire Department and the Common Clerk's Office, nothing was found to indicate that any promise was ever made by any Council that #6 Station would stay intact. Question being taken, the motion was carried with Councillors Flewwelling, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager responding to issues raised by area residents in a presentation to Council on December 18, 1989 concerning the gravel pit at 395 Manchester Avenue related to noise, safety methods of rehabilitation and excavation, hours of operation and continued excavation, as well as to questions raised in a letter from the residents -- be received and filed. (Councillors Fitzpatrick and M. Vincent withdrew from the meeting.) Mr. Bedford, in response to concerns of Councillor Landers, confirmed that the pit operators are proposing to install mufflers on their machinery and that, in this particular case, staff in the Building Department did respond to residents' concerns and bring to the attention of the owner and operators of the pit the concerns and the fact that the infraction was being undertaken, but the process is not always quick in terms of the response of the operator and could take some time, and he commented on the variety of issues of concern with respect to the above pit. Mr. Bedford also advised that the owner has ceased excavation in a specific area of the pit and, is fact, rehabilitating that portion of the pit. Question being taken, the motion was carried. (Councillor Fitzpatrick 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 January 15, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) the City purchase from Lantic Sugar Limited approximately 2300 m of 300 mm watermain installed between Dunlop Lane and the Refinery for the sum of $440,000, and the Mayor and Common Clerk be authorized to execute any agreements in this regard; (2) Council authorize the necessary advertising to consider the closing of Charlotte Street, south of Vulcan Street; (3) in the event that Council closes that portion of Charlotte Street, the land be sold to Lantic Sugar for the sum of $10,000, subject to the retention of utility easements; and (4) the agreement to sell the land neither explicitly nor implicitly obligates the City to complete the street closing. January 29, 1990, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be 82-195 COMMON COUNCIL JANUARY 29, 1990 received and filed and the recommendation therein be adopted. In response to Council queries, Mr. Wilson advised that commencing in 1990 Lantic Sugar will pay approximately $213,000 a year at full Water By-Law rates and has been paying between $40,000 to $50,000; and confirmed that negotiations are ongoing with other industries in the City with respect to water rates; and explained that the City cannot charge full By-Law rates to a customer who is not receiving full service; therefore, the only way the City can apply full By-Law rates is to own and be responsible for the system as proposed above. (Councillor M. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on January 22, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, 1084 square feet of space on the 11th floor of the City Hall building, as shown on the submitted plan, be sub- leased to the Fundy Solid Waste Provisional Committee at a rate of $15 per square foot per year with the monthly rent to be paid in advance and be based on the actual space occupied as of the first of any month, with the term of the sub-lease to be for a term of one year from February 1, 1990. 2. That as recommended by the Saint John Board of Police Commissioners, Mr. Mark J. Giberson be appointed as the City's nominee in the following matters of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievances respecting (a) time off for Union business involving article 23:05(b) and others; (b) next senior to drug position involving article 9(5) and others; and (c) performance evaluation form and contents involving article 8 and others, of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 3. That as recommended by the Saint John Board of Police Commissioners, Mr. Gary Lawson be appointed as the City's nominee in the following matters of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievances respecting (a) work performed continue to be performed (GIS) involving articles 2:01, 3:06(b) and others; (b) platoons doing investigations involving article 9 and others; and (c) maintain two-man patrol cars involving article 22, letter of agreement and others, of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. January 29, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent 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 Coughlan 82-196 COMMON COUNCIL JANUARY 29,1990 RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from the Planning Advisory Committee advising that the following persons are the Committee's elected officers for 1990:- James McDonald - Chairman; Vernon Stiles - Vice Chairman; and Gerald Peer - Member of Executive Committee -- be received and filed and Council wish them well. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Andrew Halassy advising that he is a volunteer from the Saint John area to be accepted overseas with "Canadian Crossroads International", an organization which acts as an exchange program allowing Canadians who are interested in third world development to go overseas and also aids developing countries so that volunteers from overseas can come to Canada; and also advising that, as part of his commitment to Crossroads, he is expected to raise a total of $1,800 through fund raising before going overseas, as well as volunteer a minimum of 200 hours of community service on his return -- be received and filed and suggest to Mr. Halassy that he contact a local service club for sponsorship. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mr. Blaine Harris, Vice President of New Brunswick Registered Barbers' Assoc. advising that, at the Association's Annual Meeting on January 14, a resolution was adopted by the Executive Board to request the City of Saint John, being the only City in New Brunswick having an Early Closing By-Law for Barber Shops, to rescind this By-Law and that, if the City of Saint John wishes to have a by-law to regulate the hours of barber shops, the Association would work to a goal of professional hours for all barbers in New Brunswick -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Saint John Recycling, A Division of Lake Utopia Paper Limited, advising of a recent expansion in its operation to include recyclable glass and aluminum cans in an attempt to survive; offering to assist the City of Saint John in its efforts to reduce its expense for garbage 82-197 COMMON COUNCIL JANUARY 29, 1990 collection and landfill site costs by: (1) accepting all reusable paper products which are sorted by grade; (2) accepting all reusable glass products; (3) accepting all aluminum cans; (4) allowing its site at 390 Rothesay Avenue to be a drop-off site for glass and aluminum, although the City's population and size warrants many more drop-off centres; and (5) assist the City in its efforts to greatly reduce the volume of material going to its landfill site; and requesting the City's assistance in its efforts to collect and reclaim more valuable reusable products presently being sent to the landfill site at a major cost to the City by: (1) banning the acceptance of corrugated boxes, glass and aluminum at the landfill site; (2) help in the establishment of convenient drop-off centres throughout the City, encouraging residents to recycle; and (3) increase the present tipping fee at the landfill site from the rate of $9 per metric ton -- be referred to the City Manager and the Assistant City Manager - Operations. The Mayor suggested that, rather than staff report to Council that the matter should wait pending completion of the regional waste management study, there might be some way in which the City can operate by itself to do recycling thereby taking the lead in the situation. Councillor Landers expressed the understanding that the above Company obtains its corrugated cardboard from the United States and questioned the propriety of the City subsidizing a private enterprise that will ultimately benefit its Lake Utopia paper mill; and Councillor Fitzpatrick suggested that City staff should work in consultation with the Regional Committee on Waste Management. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councilor Coughlan RESOLVED that the letter from the May 18th Loyalist Day Observance Committee of the New Brunswick Branch of The United Empire Loyalists Association expressing the understanding that, to date, the City has formulated no plans to allot any monies for observance of the City's birthday; and advising that it would be pleased if Council could nominate one or two persons who might represent the City on the Observance Committee -- be referred to the Nominating Committee and the grants committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the May 18th Loyalist Day Observance Committee of the New Brunswick Branch of The United Empire Loyalists' Association of Canada advising that the Canadian Citizenship Court will have a special hearing to present citizenship certificates to new Canadian citizens in Saint John on May 18, 1990, and requesting that the City of Saint John recognize this event by agreeing to give each new citizen a City flag -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk