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1990-02-12_Minutes 82-210 COMMON COUNCIL FEBRUARY 12, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of February, AD. 1990, at 7:00 p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W. Butler, Director of Water and Sewerage Services; C. Cogswell, Deputy Chief of Police; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; C. Campbell, Manager of Policy Planning; N. Hill, Heritage Planner; P. Hanlon, Operations Engineer; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk Her Worship the Mayor offered the opening prayer. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on February 5, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 6th Girl Guide Company to whom she briefly explained the Council meeting procedure to assist them in their efforts to earn citizenship badges; and proclaimed, in recognition of the efforts of World Vision Canada - an international relief and development agency - the week of February 12 to be World Vision Thirty-Hour Famine Week in the City of Saint John; expressed appreciation, on behalf of Reverend Kenneth Thompson, to the Council members and City staff who were present at the February 8 meeting on the West Side with respect to the consolidation of #6 and #7 Fire Stations; and asked that the letter from Councillor Rogers concerning the Canadian Tourist Board of the Year Award (copies of which were forwarded to Council members as an information item), and a Nominating Committee recommendation (which was considered in Committee of the Whole earlier this date) be added to the agenda of this meeting. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Fitzpatrick expressed concern about recent media reports with regard to the possible storage of hazardous material in the Willow Grove area and asked that the Fire Chief and the Commissioner of Environment and Infrastructure Services look into these reports and advise Council at the next meeting whether or not the health of the citizens is in danger. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Trudy 82-211 COMMON COUCIL FEBRUARY 12, 1990 McAvity (copies of which were forwarded to Council members as an information item), concerning fluoridation, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Saint John City Centre Preservation Area By-Law to designate property known as the Quinton Farmhouse, situated at 1260 Manawagonish Road, as a preservation area pursuant to the Municipal Heritage Preservation Act, and that no written objections were received in this regard, with letters supporting the designation and opposing the building's demolition having been received. Mr. Mark Hayward, Chairman of the Saint John Preservation Review Board, appeared in support of the above-proposed amendment and commented on the Board's involvement in this matter from December 6, 1989, having been advised of a proposal to demolish the Quinton Farmhouse to accommodate the development of fourteen townhouses thereby leading to the Board's decision to analyze the Farmhouse for designation under the Municipal Heritage Act, and its recommendation in this regard to Council on January 8, 1990. Mr. Hayward noted the involvement of Mr. Manford Thompson, owner of the property, in this matter in that he agrees to separating the house and lot, for sale and preservation, from his proposed development of the property, as well as the architectural and historical features of the Farmhouse. Mr. Hayward responded to Council queries concerning the process involved following the designation of the building and on the condition of the building based on his personal observation, and on grants available to assist in the preservation of the Farmhouse. Mr. Hill presented two slides featuring the exterior of the Georgian-style Farmhouse in 1850 and in 1990, and made the observation that, as indicated in the Board's report to Council, of great value is the fact that the Farmhouse is near original in its basic appearance and shape and that the interior has many of the original features. Mr. Harold Wright of 1 Chipman Hill appeared in support of the above amendment and advised that, having produced a detailed report on the Quinton Farmhouse, the subject building is the second oldest building in the City of Saint John, and noted that, while Loyalist House on Union Street is an example of urban Georgian architecture, the Quinton Farmhouse will provide an example of rural Georgian architecture. Mr. Wright commented on the history associated with the Quinton Farmhouse and its occupants and introduced members of the Quinton family who were present in the Council Chamber. Mr. Basil Hall appeared before Council in support of the designation and, having advised that he is a direct descendent of the Quinton family, expressed concern that the Farmhouse might be demolished. Mr. Hall, in response to the Mayor, advised that members of the Quinton family have resided in the Farmhouse throughout the years, although the building has been vacant for the last few months. Mrs. Lori Hall-Ring of 41 Ocean Court spoke in support of the proposed designation and, having advised of her family relationship to the Quinton Family, expressed the opinion that the Farmhouse has much potential for development as a major portion of the history of Saint John and New Brunswick. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Saint John City Centre Preservation Area By-Law", be read a first time. Read a first time the by-law entitled, "A Law To Amend The Saint John 82-212 COMMON COUNCIL FEBRUARY 12, 1990 City Centre Preservation Area By-Law". Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Saint John City Centre Preservation Area By-Law", be read a second time. Read a second time the by-law entitled, "A Law To Amend The Saint John City Centre Preservation Area By-Law". Question being taken, the motion was carried. The Mayor suggested that, in future, when Council is in receipt of numerous letters concerning By-Law amendments such as occurred in the above instance with over 200 letters having been received, rather than photocopy each letter for Council, Council need only be advised of the number of letters received and be given the opportunity to peruse same in the Common Clerk's Office. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 9-A, from Stage One to Unstaged classification, a 5.5 acre parcel of land located at 881 Sand Cove Road (L.R.I.S. Number 395756), with frontage on Sand Cove Road and Keans Road, for the reason that the Municipal Plan requires most development in the Stage One area to be serviced with central water and sewer services and the proposed amendment to designate the property Unstaged will permit the subdivision of the property into 5 lots which will have individual on-site sewage disposal facilities, as requested by Dr. P. W. Chase Professional Corporation. Councillor Landers made the observation that Council previously considered a proposal for the above property at which time Planning staff had not recommended septic tanks within the City limits, to which Mr. Bedford replied that staff members indicated to the applicant, during discussion with Planning and Engineering staff, that they would not be prepared to recommend approval of the proposed amendment. The Mayor advised that letters were delivered to her office from citizens in favour of the proposed development, and Mr. Bedford expressed the understanding that there are residents in the area whose houses are not serviced by the City who are in support of the above application. In response to a query of Councillor Fitzpatrick, Mr. Bedford advised that the minimum lot size for septic tanks in some zones is one acre, while in most zones the minimum size is one and a quarter acres, the latter being the case in this instance. Councillor Fitzpatrick questioned the possibility that the City would be held responsible if water contamination resulted following Council's approval of the proposed amendment to which Mr. Rodgers replied he sees no liability on the part of the City. Councillor M. Vincent asked if there is a shorter process Council can use to consider the above application, other than another lengthy process whereby both sides come before Council and also asked the number of times Council must listen to repeated presentations concerning the subject property, to which Mr. Bedford made the observation that, in approximately a thirty-day time period, Council will receive a letter from the Common Clerk identifying any objections to the proposal at which time Council can decide to refer the application to the Planning Advisory Committee for a report and recommendation and advertise for a public hearing, or Council could decide not to take such action which would stop the process; however, the applicant could proceed with another application. Public presentation was made of a proposed Municipal Plan amendment 82-213 COMMON COUCIL FEBRUARY 12, 1990 to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land consisting of 4770 square feet at 167 Bayside Drive (L. RI.S. Number 345413), with a frontage of 57 feet on the eastern side of Bayside Drive, from Low Density Residential to District Centre Commercial classification, to permit the proposed use of the property for a commercial purpose by re-zoning the property to a "B-2" General Business zone, as requested by John Walker Insurance Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land consisting of 3500 square feet at 147-149 Bayside Drive (L.RI.S. Number 345140), with a frontage of 35 feet on the eastern side of Bayside Drive, from Low Density Residential to District Centre Commercial classification, to permit the continued use of the property for a drapery shop by re- zoning the property to a "B-2" General Business zone, as requested by Joseph and Cathy Gould. Mr. Bedford, in response to a question of Councillor Coughlan, advised that he is unaware of the length of time the above business has existed on the subject site. Read a letter from Councillor Landers noting that, to date, Council has not received a report from staff concerning a suitable municipality for twinning with the City, in response to Common Council resolution of October 2, 1989 agreeing to participate in the Province's Community Exchange Program by twinning with a French- speaking municipality, and requesting that the City Manager inform Council of the status of this matter. Councillor Landers asked the reason for the delay in staff's response to the above request, particularly when the City could be reaping the benefits of a Provincial Government program which would benefit the children in the municipality, to which Mr. Taylor replied that staff has been discussing the twinning process with the City of Bathurst which is considering Saint John as well as another municipality in the northern part of the Province, and that, as late as last Friday, he again requested a decision in this regard from the Bathurst City administrator at which time it was indicated that a meeting was to be held with the Bathurst Mayor on this date, and that, as a result of a telephone call earlier this date from Bathurst, he is to call the City of Bathurst on February 13 for a decision and that, if Bathurst is interested in twinning with Saint John, arrangements will immediately be made with the Province to attract any funding in place for this program which is anticipated to involve more of a cultural and social exchange between the two municipalities, rather than an exchange of staff. Consideration was given to a letter from Councillor Coughlan asking that the City Manager provide a verbal update at this meeting with respect to what action has been taken to date to fluoridate the City's water supply. Consideration was also given to a letter from Trudy H. McAvity, on behalf of the Saint John Dental Hygienists' Association, submitting a copy of a statement dated February 6, 1990 by Dr. David Hoel, Acting Director of the National Institute of Environmental Health Services, U.S. Department of Health and Human Services, concerning preliminary data from the Department's study of a relationship between sodium fluoride and cancer in animals; advising that, in speaking to Dr. Hoel on February 6, 1990, she was reassured that the data released from this study has not been analyzed and the relevance of the results cannot be determined until the detailed peer-reviewed analysis is completed, and that Dr. Hoel advocates the continuation of the current policy of endorsing fluoridation due to the proven benefits in reducing tooth decay. Mr. Taylor apprised Council of the City's fluoridation program, including a recommendation to provide $150,000 in the 1990 Capital Budget for the design of the Spruce Lake and the Loch Lomond fluoridation systems and construction of the fluoridation system for the Loch Lomond watershed, and the $40,000 approved in the 1990 Water and Sewerage Operating Budget to supply fluoride chemicals and operate the proposed Loch Lomond fluoridation system for approximately 6 months, and the City's proposal to construct the Spruce Lake fluoridation system in 1991. Mr. Taylor 82-214 COMMON COUNCIL FEBRUARY 12, 1990 advised that, in 1989, three City employees attended a fluoridation workshop sponsored by the United States Centre for Disease Control, which is an advanced course for the operation and maintenance of fluoridation facilities, and that the same employees will be attending the second half of the course in September 1990, and that staff is presently reviewing recent material that came forth from a CNN television program as well as a Newsweek magazine article to develop it into all of the other information developed over the last year relative to whether it is appropriate to fluoridate and the health benefits; and concluded that staff is proceeding, based on Council's direction, to provide the service into 1991. Mr. Robichaud, in response to queries of Deputy Mayor Gould, explained that a review of the design and construction work for this year's capital program resulted in an increase of $20,000 from the projected $130,000 capital expenditure which strictly addresses what will happen in 1990 involving the design of both the Spruce Lake and Loch Lomond systems and the construction of only the Spruce Lake system; confirmed that the current Water and Sewerage By-Law rates will more than cover the extra expenditure and that a recommendation will be made to increase the capital expenditure in Water and Sewerage significantly from, for instance, normally $3 million per year to between $4 and $5 million per year; advised that, in 1989, it was staff's information that no Provincial or Federal grants are available for this project; and further advised that the Spruce Lake water system has a separate line to the pulp mill which will not be fluoridated, although all other industries in the City will receive fluoridated water. Councillor Landers expressed the understanding that Dr. James Fan, District Medical Health Officer, forwarded information, by facsimile, to the attention of the Mayor's Office over a week ago, to which Mr. Taylor advised that he would attempt to locate this information. Mr. Butler, in response to Councillor Fitzpatrick's question concerning who analyzes information received, advised that he has not attempted to characterize whether or not the information available is for or against fluoridation, although staff has not found any information as yet which would change its March 1989 recommendation to Council. Mr. Robichaud, replying to Councillor Rogers, advised that the Loch Lomond system is expected to be in operation by early 1991, while the Spruce Lake system is expected to be in operation by late 1991, with both systems expected to be fully operational by 1992. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from Councillor Fitzpatrick advising that it has come to his attention that the City of Saint John is the only area in New Brunswick which does not have the benefit of a Provincial municipal services representative and that, although such an office did exist in the City, it was closed several years ago; expressing the opinion that this office, which provides a vital link with the Provincial Government, should be re-established immediately; and recommending that the Minister of Municipal Affairs provide an explanation of why this office was closed and that he be urged to re-establish a municipal services representative with support staff in the City of Saint John -- be referred to the City Manager for a recommendation to Council. The Mayor explained that the Department of Municipal Affairs, although the City objected to moving the above office, decided the area could be best served by locating the office in Hampton because most of the work done by this office is done in the smaller districts; and Councillor Fitzpatrick suggested that it might be beneficial to have a Provincial municipal services representative in the City in view of the problems experienced during the last municipal election. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Nominating Committee, Edward Bates, Donald Royal and Pauline Cosgrove be appointed to the Power Commission for a term of three years effective February 15, 82-215 COMMON COUCIL FEBRUARY 12, 1990 1990. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Rogers, liaison Councillor to the Saint John Tourism Advisory Commission, extending congratulations to Yvonne Huntington, Director of the Saint John Visitor and Convention Bureau, and her staff for their efforts in 1989 leading to the City of Saint John being the recipient of the prestigious Canadian Tourist Bureau of the Year Award for 1989, which was announced at the 12th Annual Canadian Travel and Tourism Industry Awards Dinner in Vancouver in December 1989, as well as for the notable increase in tourism during the 1980s; and advising that, as the Tourism Department of the Province of Alberta was the 1988 Award recipient, it is a high achievement for a municipality the size of Saint John to earn this recognition -- be received and filed. Question being taken, the motion was carried. Read a report from the City Manager submitting a list of Provincially- designated highways in the City of Saint John for which funding is needed in the next five years, totalling approximately 230 lane kilometres which are maintained by the City and funded by the Department of Transportation; advising that the Province has committed an annual payment, up to and including the year 2000, of $91,875.33 towards upgrading of Bayside Drive and that this amount is included in the annual designated highway funding payment; noting that a brief was presented to the Minister of Transportation in June 1988 and again to the local MLAs on February 5, 1990, indicating that Provincial funding for designated highways must be sufficient to provide a reasonable rate of renewal of all roads in the inventory; also advising that, if the Province is to adequately maintain a reasonable lifecycle for this inventory and meet the commitment on Bayside Drive, about $1.5 million must be made available annually for Saint John for the Provincially-designated highways in the City for the portion of the designated highways maintained by the City on behalf of the Department of Transportation; and recommending adoption of the submitted Provincially-designated highways 5-year capital program for the years 1990-1994. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Council adopt the submitted Provincially-designated highways 5-year capital improvement program for the years 1990-1994. Councillor M. Vincent asked if the above program includes landscaping and improvements in the ramp areas to Provincially-designated highways, such as the area of Haymarket Square, Loch Lomond Road and the intersection of McKay Highway and Loch Lomond Road, and also if there is a reason why other cities in the Province seem to have this finished work carried out, referring specifically to the Saint John/Oromocto exit ramp off the Trans Canada Highway which is landscaped. Mr. Robichaud replied that the Province, and not the City, carries out refinishing work of this nature and that, while such work is generally covered during the design stages of the project which Saint John could insist on in future projects, the City of Fredericton does much of the work that the Province should be doing on Provincially-designated highways, including resurfacing and grass cutting, whereupon Councillor M. Vincent asked for a report on why Saint John does not appear to be as attractive as other cities in the Province. (Councillor Fitzpatrick re-entered the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 82-216 COMMON COUNCIL FEBRUARY 12, 1990 RESOLVED that in accordance with the recommendation of the City Manager and the Fire Chief, the warrant of Mr. Lorne Perrault for membership in the Saint John Salvage Corps and Fire Police be cancelled. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that, with regard to the matter of radio license fees which was tabled at Council's last meeting, staff has reviewed the FCM report and recommendation on this matter and concluded that, if FCM is successful in its efforts with the Federal Government, staff will be very pleased to reap the benefit of its negotiations; however, there are other factors which should be considered as follows:- (1) the effect of this new fee structure on the City of Saint John, with a population of approximately 75,000 is 16 cents per person per year; (2) the special status for municipalities was not removed in 1987 when both Federal and Provincial Governments had their status changed requiring them to pay the full amount; (3) during this three-year period (1987- 1990), the City has saved approximately $36,000 due to its special status under the Act; and (4) the City is continually negotiating with the Federal Government for funding on major projects totalling many millions of dollars or making representation to it to retain or expand its manpower presence in this area; suggesting that, when all of these factors are considered and the impact of the license fee increase is weighed against the many other things the City is trying to achieve, it would be reasonable to accept the Federal Government's position in this instance; however, since FCM is pursuing this matter in an effort to halt any change in fee structure, the City should support its presentation; and recommending that the report on licensing fees tabled on February 5, 1990 be taken from the table and received and filed and the City support the presentation of FCM -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that, further to the report to Council on December 12, 1988 concerning the possibility of a need for a review of signage problems in "ID" Integrated Development zones, no response was received to letters sent in March 1989 to the various owners and managers of buildings in "ID" zones inquiring if they wished to modify the signage concept approval for their developments and that, during follow-up contact by telephone in December and January, none of the developers expressed a desire to develop a new signage concept or proposal and, in two cases, staff was told clearly that they did not want to encourage exterior signs and would only permit them in the most extraordinary circumstances and, in general, the response indicated that the existing situation is acceptable to the building owners and managers as it permits both them and the City to control the number and design of signs; and concluding that the existing approval process for major developments which are zoned "ID" Integrated Development should not be changed at this time and that, while individual applications will undoubtedly be made as individual situations dictate, no design concept or process has been identified by the building owners or staff which will be more satisfactory to all concerned -- be received and filed. Councillor Landers asked that staff determine the propriety of a billboard in the area of the Urban Corral on Union Street. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the Blair Construction Ltd. property at 152-156 Westmorland Road, which was the subject of an application for a Municipal Plan amendment and re-zoning denied by Council on August 14, 1989 and also the subject of a public presentation of a new proposal on January 29, 1990 at which time Council requested a report on actions to be taken on known violations on the subject site and what the difference is between the previous and proposed applications so that Council can decide if the difference is significant 82-217 COMMON COUCIL FEBRUARY 12, 1990 enough to warrant reconsideration; advising that, with respect to known By-Law and non-conforming use violations, the Building Inspection Department sent Blair Construction Ltd. a notice on February 8, 1990 requesting the correction of the following violations: (1) garage with a "for sale" sign at the front of the property; (2) a second garage being built at the rear of the property; (3) piles of construction material (lumber); and (4) outside storage of construction equipment and parts, and that the next step will be to review the matter for referral to the Legal Department if no action is taken by the owner to rectify these violations within four weeks time of the first notice. The report presents a comparison of the two applications as a basis on which staff considers the January 1990 application different from the March 1989 application, making the observation that this application is very similar to the proposal recommended by the Planning Advisory Committee at Council's August 14, 1989 meeting and appeared to be an acceptable compromise by the area residents in attendance at that meeting, with the only difference being that 1664 square feet is proposed in a third-storey addition for office use; and explains the procedure, if it is Council's wish to prescribe standards to a non-conforming use which will make that use more compatible with the surrounding area, pursuant to Section 41 of the Community Planning Act, as well as the legislative process to implement such standards. The report suggests that, if Council wishes to proceed with the process explained, such process should include input from the Planning Advisory Committee in the form of a recommendation to Council on what standards, if any, should be prescribed, the time frame for such process being approximately 12 weeks; also advises that Council may, if it feels that the activities of the non-conforming use are not compatible with the area, initiate the process to prescribe standards at any time; concludes that the new proposal with the addition of some site improvements, i.e. landscaping, has the potential of eliminating the need for imposing non-conforming use standards, and also has the potential of creating a situation whereby the owner, the neighbourhood and the City may have an acceptable development, and further that, as recommended in the submitted November 30, 1989 report from Planning staff, staff still feels that the process of the January 1990 process should continue; and recommends that this report be received and filed and the application process initiated by the developer be permitted to continue. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the above report concerning the property at 152-156 Westmorland Road be received and filed and the application process initiated by Blair Construction Ltd. with regard to this property be permitted to continue. Mr. Bedford responded to Council queries concerning whether or not the developer discussed his recent proposal with area residents; a date on which the next step would be taken if no action is taken by the owner to rectify the violations; the possibility of Council consent, rather than the consent of Planning Advisory Committee under Section 40 of the Planning Act, being required by the developer for any addition or expansion to the uses indicated in the above report; and whether or not a building permit was issued for the second garage on the property. (Councillor M. Vincent withdrew from the meeting during the above discussion). Question being taken, the motion was carried. Consideration was given to the application of Clearview Mobile Homes Ltd. for the re-zoning of property at 450 Westmorland Road, which was tabled after the public hearing of January 29, with no readings given, pending a teach-in on the flood plain area, and to the previous report from the Planning Advisory Committee recommending that (1) 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 82-218 COMMON COUNCIL FEBRUARY 12, 1990 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. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 450 Westmorland Road (L.R.I.S. Number 55061147), from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a 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 Flewwelling and Landers voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 450 Westmorland Road (L.R.I.S. Number 55061147), from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Flewwelling and Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, assent be given to a subdivision plan showing the required municipal services and utility easements at 450 Westmorland Road. Question being taken, the motion was carried. Consideration was given to the application of Clearview Mobile Homes Ltd. for the re-zoning of 500 Westmorland Road, which was tabled after the public 82-219 COMMON COUCIL FEBRUARY 12, 1990 hearing of January 29, 1990, with no readings given, pending a teach-in on the flood risk plain area, and to the previous report 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. 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 property at 500 Westmorland Road (L.R.I.S. Number 55061139), from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a 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 Flewwelling and Landers voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 500 Westmorland Road (L.R.I.S. Number 55061139), from "1-2" Heavy Industrial to "SC" Shopping Centre classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Flewwelling and Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, assent be given to a subdivision plan showing the required municipal services and utility easements at 500 Westmorland Road. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 82-220 COMMON COUNCIL FEBRUARY 12, 1990 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on February 5, 1990, when there were present Mayor Wayne and Councillors Coughlan, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the letter from the May 18th Loyalist Day Observance Committee of the New Brunswick Branch of The United Empire Loyalists' Association concerning the allotment of funds for the observance of the City's birthday and the appointment of City representatives to the Committee, be received and filed and the Committee be advised that the Nominating Committee is considering the matter of Committee appointments and that the Committee should approach the Secretary of State with respect to funding. 2. That the City of Saint John give a City flag to each new citizen receiving a citizenship certificate at the Canadian Citizenship Court in Saint John on May 18, 1990. 3. That as recommended by the City Manager, (1) street closing procedures be started to close that portion of Albert Street West lying south of its intersection with St. James Street West; and (2) upon successful closing of the street, the land be sold to Louise Daly for a price of $500 plus all costs necessary to complete the closing and transfer on the understanding that this agreement to sell neither implicitly nor explicitly obligates the City to complete the street closing. February 12, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Fitzpatrick 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 Flewwelling Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Federation of Canadian Municipalities encouraging FCM members to take the lead in celebrating, during the month of February, the 25th anniversary of the introduction of Canada's flag on 82-221 COMMON COUCIL FEBRUARY 12, 1990 February 15, by honouring the Canadian flag in some way. The Mayor advised that she received a telephone call earlier this date from the Secretary of State's Office in Moncton asking that the City, in accordance with the procedure being followed in other municipalities in Canada, raise the Canadian Flag at noon on February 15, and that, as she will not be in the City on that date, Deputy Mayor Gould has agreed to do so in her stead. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the memorandum from The Municipality of Metropolitan Toronto, Ontario, submitting a resolution adopted at its meeting of January 31 supporting the National Congress of Italian Canadians' request of the Federal Government for an apology to the Italian Canadian community for the injustices which took place during the 1940s -- be referred to the City Manager. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mr. John Short advising that the Vice President of the New Brunswick Barbers' Association was not asked to submit the letter to Council on January 29 concerning the Early Closing By-Law for barber shops, nor was any vote taken on this matter at any of the Association meetings; and concluding that the concerned barbers want the By-Law left as it is and are concerned that this matter was brought up behind their backs, and further that the By-Law is of no concern to the Association -- be received and filed and the Early Closing By-Law not be amended, and further that Mr. Blaine Harris, Vice President of the New Brunswick Barbers' Association be so advised. Councillor M. Vincent proposed a motion, which was seconded by Councillor Rogers that the above letter be received and filed, whereupon the Mayor suggested that the letter should be referred to the City Manager as was Mr. Harris' letter in this regard, and advised that a delegation of barbers met with her and the City Manager earlier this date regarding the lack of authorization from the Association that Mr. Harris had to request a By-Law change, and further that the Provincial President of the Association has also contacted her Office to advise that the Association wants the By-Law enforced, and a motion was proposed by Councillor Knibb and seconded by Councillor Flewwelling to refer the matter to the City Manager. Councillor Fitzpatrick suggested that, if the Association has requested that the By-Law be enforced as is, a motion to not amend the By-Law would be in order at this time, rather than referring the matter to the City Manager, and the motion on the floor was subsequently withdrawn with the consent of the mover and seconder. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. John A. Nesbitt and Ms. E. Jane McKay-Nesbitt requesting that consideration be given to the construction of a sidewalk and curb along the north side of Woodward Avenue, between Brentwood Estates and the corner of Woodward Avenue and Boar's Head Road, and that Council support this request, particularly because it is in accord with the Millidgeville Plan adopted by Council and because it would address the issue of pedestrian safety along this portion of Woodward Avenue -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent 82-222 COMMON COUNCIL FEBRUARY 12, 1990 Seconded by Councillor Rogers RESOLVED that the letter from the West Side Preservation and Development Association concerning the proposal advanced by Common Council to construct a new fire station on the West Side and to eliminate the stations on King Street West and Church Avenue, expressing agreement that the Church Avenue facility is not suitable to provide the needed fire services for the area it is designed to cover, and support for Council's concern to ensure that the present Church Avenue facilities are made suitable to provide the fire safety coverage that the citizens of the area deserve; and explaining why the Association deplores the decision of Council to replace the King Street West fire station and sees it as another step in removing services from the area; and requesting to keep the King Street West fire station as an expenditure of a few thousand dollars to restore this station is seen as a more practical solution to spending a vast amount of money building a station in an area which would not provide the area in question with maximum protection -- be referred to the City Manager and the Fire Chief. Question being taken, the motion was carried. Councillor Fitzpatrick re-iterated his request for a report from the Chief of Police on what, if any, action was taken following a complaint in November 1989 about trucks utilizing Champlain Drive. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Councillor Fitzpatrick asked if Council is to meet again in Committee of the Whole upon adjournment of this meeting to continue discussion concerning the City Manager's report on the proposed 1990 establishment, to which the Mayor replied that Council will consider the report further in Committee of the Whole on February 19. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Common Clerk