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1990-02-26_Minutes 82-236 COMMON COUNCIL FEBRUARY 26, 1990 At a meeting of the Common Council, held at the City in the City of Saint John, on Monday, the twenty-sixth day of February, AD. 1990, at 7:00 o'clock 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; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure; 1. Totten, Deputy Commissioner of Finance; S. Bedford, Director of Community Planning; W. Butler, Director of Water and Sewerage Services; G. Tait, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; S. Armstrong, Director of Engineering; J. Chase, Chief Accountant; B. Belyea, Budget Officer; J. Baird, Planner; Mrs. M. Munford Common Clerk; and L. Linton, Secretary. Her Worship the Mayor offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the minutes of the meeting of Common Council, held on February 19, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed March to be Red Cross month in the City of Saint John and welcomed to the Council Chamber Mr. Stephen Tuck of the Red Cross Society who outlined the programs and services offered by this organization; noted that members of the Canadian Old Timers Hockey Association will be participating in the Labatts National Cup in Saint John from March 2 to 4; and proclaimed March 4 to 10 to be Vision Awareness Week. The Mayor asked that an item concerning the appointment of Mayor Emil 1. Olsen of Quispamsis as an ex officio member of the Civic Centre Committee and the letter from the City Manager regarding the Municipal Services Representatives (which was considered in Committee of the Whole earlier this date) be added to the agenda of this meeting; and that section 2 of the Committee of the Whole report be withdrawn from the agenda. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above items be added to the agenda for consideration at this meeting, and that section 2 of the Committee report be withdrawn from the agenda. Question being taken, the motion was carried. Councillor Coughlan extended congratulations to the Major Tournament Committee for having been able to secure the National Touch Football Tournament which will be held in Saint John next fall. 82-237 COMMON COUNCIL FEBRUARY 26. 1990 On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the members of the Major Tournament Committee be congratulated for their efforts in securing the National Touch Football Tournament to be held in Saint John next fall. Question being taken, the motion was carried. Mr. Stephen Bedford advised that he has been asked by Mr. Bernard Moe, who was the chairman of the 1989 Canadian Institute of Planners Conference which was held in Saint John last August, to make a presentation to Council. He noted that the City of Saint John provided a grant of $2,000 to the Conference and as a result of a favourable financial position at the termination of the Conference they are able to repay the grant and presented a cheque in the amount of $2,000 to Her Worship the Mayor. Her Worship the Mayor expressed the gratitude of Council to Mr. Moe and members of the organizing committee. 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 containing approximately 23 acres, adjoining land previously zoned to permit a quarry operation and located north of Ashburn Road and east of the Saint John Throughway, being a portion of L.R.I.S. Number 298422, from Low Density Residential, Open Space and Light Industrial classification to Heavy Industrial classification, to allow rezoning of the parcel to "1-2" Heavy Industrial classification so that the existing quarry and the proposed rehabilitation area are both within an appropriate zone, as requested by Crestwood Holdings and Realty Ltd. 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 Charlotte Street, south of Vulcan 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 Coughlan 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 a portion of Charlotte, south of Vulcan 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 Knibb Seconded by Councillor Coughlan 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 a portion of Charlotte Street, south of Vulcan Street, be read a second time. Read a second time the by-law entitled, "A 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. Miss Shirley McAlary, President of the Saint John Central Business Development Corporation, addressed Council regarding the Uptown Saint John Research Report and Revitalization Action Plan, which was prepared by Urban Marketing Collaborative Inc. of Toronto and cost-shared with the CBDC by Brunswick Square Corporation Ltd. and the City of Saint John. She noted that the study consists 82-238 COMMON COUNCIL FEBRUARY 26, 1990 of three parts - short term, medium term and long term; and in the short term it has identified that the uptown is fairly healthy, however, we should be making sure that the uptown is the only place that has full services and good independent retailers and then promote these facts to approximately 11,000 workers and nearby residents; in the mid- term the image the uptown should be trying to create for itself is of a strong regional centre with extra dimensions such as social and cultural facilities and unique retail services, and that by doing this we should encourage residential growth in the uptown districts, expand and launch new social and cultural events and programs, work with the City of Saint John on tourism, start with waterfront plans to improve physical linkage to this area, concentrate in building retail strengths that will attract and support visitors and tourists, also to expand retail type promotions to build inflow and combat outflow; in the longer term the image of uptown Saint John should attempt to portray over the longer term of a truly interesting place to visit and enjoy, and ensure that the community is competitive in the regional market place. She stated that in order to do this we must fully expand recreation, social and cultural programs and facilities to establish uptown Saint John as a major destination in the Atlantic Provinces; we must begin major emphasis on waterfront usage and improve the reality of what uptown is as well as the image of uptown in terms of retail, services, and social-cultural facilities in order to increase retail inflow; we must ensure that all programs are equal to or better than the shopping centre competitors and must begin a second round of retail service recruitment to increase the depth of the present mix of stores and services. She advised that the Central Business Development Committee will be working on this study and hopefully within the next few months they will be able to put together some plans of action which they will present to Council. Responding to a query from the Mayor as to whether the uptown Winter Carnival could be held in conjunction with the UNBSJ Winter Carnival with the focus being in the uptown area, Miss McAlary advised that the CBDC would be able to work on a project of that nature. Councillor Knibb noted that the three high schools in the uptown area had their Winter Carnival last weekend and suggested they might also be included. Councillor Fitzpatrick questioned the cost of the study and was advised that the total amount was $40,000 with the City and Brunswick Square Corporation each contributing $10,000 and CBDC paying the balance. Councillor Rogers noted that the study indicated that 53% of the sample survey shopped outside Saint John and that most is done across the U.S. border. Miss McAlary advised that the CBDC feels that it must get all of their services uptown and they must be more competitive and try to bring people into the city. Miss McAlary noted that the annual meeting of the Central Business Development Corporation is being held on April 2nd and extend an invitation to the Mayor and Councillors to attend, and distributed copies of the Corporation's winter edition of "Street Scope". Mayor Wayne thanked Miss McAlary for her presentation. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mayor Arthur C. Eggleton of Toronto and a copy of his letter to the Honourable Beniot Bouchard regarding his request that the rolling stock sidelined by the January 15th cuts not be disposed of or otherwise eliminated, be received and filed and a letter be sent to the Minister asking that the rolling stock in Saint John not be disposed of. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne regarding the possibility of having payment centers for water and sewer bills -- be referred to the City Manager. Question being taken, the motion was carried. 82-239 COMMON COUNCIL FEBRUARY 26. 1990 Consideration was given to a letter from Councillor Fitzpatrick noting that last week Council was informed by the Chief of Police that frequent patrols would be maintained concerning the use by trucks of Champlain Drive, and asking, as the result of telephone calls he has received this week, that Council be informed of the patrols undertaken by the Police Force, and the number of apprehensions or violations in this regard. Assistant Deputy Chief McNamee advised that a patrol car has been in Champlain Heights since the last Council meeting and today trucks using the area were checked and it was found they were making deliveries and one truck, which used it as a thoroughfare to Grandview Avenue, was charged. He noted that the area would continue to be watched on a periodic basis. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Councillor M. Vincent proposing that two representatives of the West Side Preservation and Development Association be established to liaise with the City of Saint John staff committee regarding the matter of fire protection service for West Saint John so that the Association could be kept updated as to what the Fire Department and staff committee are proposing -- be received and filed and the City Manager contact the Association and request the names of two of their members. The City Manager advised that in addition to giving the information to representatives from the West Side Preservation and Development Association, it is the intention of staff to have additional public meetings. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Mayor Emil 1. Olsen, Chairman of the Fundy Region Mayors' Association, be appointed an ex officio member of the Civic Centre Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that further to a letter to Council on February 12, 1990, containing a proposal from Councillor Fitzpatrick that the Minister of Municipal Affairs be urged to re-establish a Municipal Services Representative in Saint John, there are ten (10) Municipal Services Representatives in the Province, located at St. Stephen, Hampton, Moncton, Richibucto, Newcastle, Bathurst, Campbellton, Edmundston, Woodstock and Fredericton, and their responsibilities are related mainly to Local Service Districts; that the Hampton location is convenient for this purpose and the only contact the City would have is when City services are requested by unincorporated areas and local service districts on the fringes of the City, for instance fire service, ambulance service, or EMO co-ordination, and that the City deals directly with the Department of Municipal Affairs in Fredericton on all matters relating to municipal services, and it would serve no useful purpose to channel this relationship through a local Municipal Services Representative -- be received and filed. Councillor Fitzpatrick noted that the City Manager's report indicates that five other cities do have Municipal Services Representatives and asked if the City Manager had contacted anyone of them to determine if there is an advantage to them to have a representative in their municipality. The City Manager advised that some areas were contacted, and that he will contact the City of Moncton for their comments. Question being taken, the motion was carried. 82-240 COMMON COUNCIL FEBRUARY 26, 1990 Consideration was given to a letter from Councillor Davis, Chairman of the Finance Committee, regarding the 1989 financial statements of The City of Saint John General Fund, The City of Saint John Water & Sewerage Utility and the Reserves, Sinking and Trust Funds, and to the City Manager's reports with regard to the operating highlights of the financial statements of the General Fund and the Water and Sewerage Utility for the year ended December 31, 1989, and the auditor's reports prepared by Coopers & Lybrand. Mr. Wilson read the operating highlights of the General Fund reporting a surplus of $561,077 and advising that at the same time the Fund was able to finance an additional $1,400,000 of capital projects from current operations; that there are a number of factors which contributed to the City's financial success in 1989 and all are found within the expenditure categories of which three are of major significance, namely:- (1) the recovery of lease expenses from the landlord of the City Hall Building as a result of a successful court award in the amount of $911,838, net of related expenses, of which $771,780 was allocated to the General Fund and $140,058 allocated to the Water & Sewerage Utility, (2) the short-term financing costs were $708,000 better than budget partly due to a substantial amount of interest income earned on the surplus funds, and (3) underexpenditures of $788,846 in Environmental Development Services of which $412,422 relates to a reduction in the City's share of operating costs for Market Square due to a recovery of operating expenses from previous years, as well as a recovery from the Province of New Brunswick for the space allocated to the Regional Library within the premises occupied by the Saint John Free Public Library; Port Promotion and Economic Development were underspent by a combined total of $167,218 and Real Estate Management was underspent by $96,453 due to lower than expected expenditures for maintenance, taxes and fuel costs on City- owned properties; summarizing a number of other offsetting over and underexpenditures worthy of mention, namely:- (1) Protective Services was underspent by $115,588 as a result of vacancies and the fact that the civilianization program was not implemented in the Police Department and this was partially offset by an overexpenditure in the Fire Department arising from the settlement reached with respect to the pensions paid to firefighters under the Heart and Lung Act, (2) an overexpenditure in the Mechanical and Carpentry area of $283,546 due to expenses exceeding budget for vehicle repairs and the purchase of a grader that had not been included in the budget, (3) the operating subsidy to Saint John Transit was $85,420 less than expected, (4) Recreation and Cultural Services was overspent by $323,788, an amount of $200,590 attributable to the City's decision to clear the slate with respect to Festival-By-The-Sea by paying off the company's bank loan and other outstanding debts, and a further $46,000 relates to a greater than anticipated deficit at the Saint John Aquatic Centre with the balance being incurred at the Golf Course and in the Parks Maintenance area; noting that it is unknown how long these positive trends will continue and that the City is currently examining a number of major capital projects that, if constructed, will add to its long-term debt and related financial commitments and that the 1990s will no doubt see pressures placed on municipalities as the Federal and Provincial Governments attempt to balance their own budgets and that the City of Saint John has favourably positioned itself to deal with what will undoubtedly be difficult times in the 1990's. Messrs. Hugh Tidby and Peter Wilshow of Coopers & Lybrand were present at the meeting and during discussion in response to a Council query as to whether or not they feel the record as presented before Council on revenue, expenses, equity and liability truly reflects the audit which was performed and if so, how was that procedure carried out, Mr. Tidby advised that the audit was done in accordance with generally accepted auditing standards and in due course there will be a management letter issued as a result of the year-end audit. Mr. Wilson read the report regarding the operating highlights of the Water and Sewerage Utility noting that the total revenue to the Utility amounted to $14,700,794, or $552,201 more than budgeted and of this total, $9,641,375 was raised from charges to the Utility's customers, $4,347,980 from charges to the General Operating Fund for water supply for fire protection and storm sewerage services and the balance of $711,439 represents a grant from the Province given to assist the Utility in repaying debts incurred in building treatment plants in previous years; advising that the total expenses of the Utility, excluding fiscal services, amounted to $8,134,270 or $191,770 less than budget and of this amount, $140,058 is attributable to the Utility's 82-241 COMMON COUNCIL FEBRUARY 26. 1990 share of the court award regarding the recovery of City Hall leasing costs and the balance of $50,712 was underspent in various operational areas of the Utility; fiscal services, excluding Capital Projects financed by Operations was overspent by $87,514; that the results of 1989 operations have been extremely favourable and do place the Utility in a better position to face the challenges that lie ahead. Responding to a query from the Mayor with respect to negotiations for the expansion of the Lancaster Sewage Lagoon in 1990, Mr. Robichaud advised that the Provincial Government has committed itself for 80% of the cost, which will be several million dollars. Referring to the financial statements of the City of Saint John Sinking, Reserve and Trust Funds, Mr. Wilson explained the Saint John Non-Profit Housing Sinking Fund and the Saint John Non-Profit Housing Future Development Fund which resulted from the sale of the Rockwood Park housing project, which latter fund has now grown to about $600,000 and is to be used to solve housing-type problems in the City and to be administered by Saint John Non-Profit Housing upon Council approval. Councillor Knibb referred to the Land Subdivision Fund and questioned whether it was being spent. Mr. Wilson responded that the Parks Department is looking into a project to expand the interest earned on the said Fund. Responding to a query from Councillor Coughlan as to how the general state of the City's debt situation compares with other municipalities, Mr. Tidby advised that there has been a significant decline in debt and during the current year the Water & Sewerage Fund and General Fund have had a retirement of debt of about $1.9 million and are showing a very positive trend and the debt load is not increasing, although he is unable to compare this with other cities without study. He stated that the City is in a solid financial position. On motion of Councillor Davis Seconded by Councillor Flewwelling RESOLVED that the audited financial statements of the Saint John General Fund, the Water and Sewerage Utility and the Reserve, Sinking and Trust Funds, for the year ended December 31, 1989 -- be received and filed. Question being taken, the motion was carried. Read a letter from the City Manager submitting a report from the Legal Department regarding a request from James A. Whelly, solicitor for W. Ronald and Audrey Margaret Curran for an easement permitting the encroachment of a building upon Adelaide and Visart Streets, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of W. Ronald and Audrey Margaret Curran to permit the encroachment of their dwelling upon Adelaide and Visart Street, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. Read a report from the City Manager with respect to property at 1849 Manawagonish Road advising the Provincial Planning Appeal Board granted a temporary use, as a gravel pit, to H. E. Carson & Maritime Construction in 1987; that the gravel was removed in 1988 and the required rehabilitation was not completed and Common Council approved staff's recommendation that action be taken to claim the performance bond in the amount of $78,000 and as a result the property was substantially rehabilitated with some deficiencies; the owner requested that the City accept a reduced performance bond with an extended time limit of December 31, 1989 in the amount of $20,000 in order that additional time could elapse so that the condition 82-242 COMMON COUNCIL FEBRUARY 26, 1990 of the pit could be evaluated after the hydroseeding had time to grow and to enable the subdivision application for this property to proceed and as these were reasonable requests, Common Council accepted the reduced bond in February, 1989; an inspection in January of 1990 revealed that the rehabilitation of the property has not been completed and that three deficiencies remain, namely (1) the hydroseeding has not been completely successful and part of it needs to be redone, (2) the slope behind the Melanson property needs to be regraded to 3: 1 and not the 2: 1 that exists, and (3) the slope at the corner of the Melanson property must be set back 34' as shown on the rehabilitation plan and not the 17' that currently exists, and recommending adoption of the resolution included in the report from the Legal Department. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the City Manager, or his designate, give notice and make claim on behalf of the City under the Guardian Insurance Company of Canada bond number 35213086 with respect to the failure of H. E. Carson & Sons Limited to complete the required hydroseeding and slope rehabilitation of the Maritime Construction Ltd. gravel pit on Manawagonish Road which is referred to in the bond: AND FURTHER that the City Solicitor, or his designate, commence an action on behalf of the City in the Court of Queen's Bench of New Brunswick with respect to the bond in the event that the notification and claim under the bond does not result in the prompt completion of the hydroseeding and slope rehabilitation of the gravel pit. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager submitting a copy of a letter from Thomas Rodgers with respect to conditions at the Morland Trailer Park advising that operations of the Park and the responsibilities of the City are governed by a legal agreement between the City and a previous owner of the Park, a Mr. Carlson, and that the agreement places the responsibility for a watermain running through the property, plus a 6" pipe servicing a fire hydrant, in the hands of the City and all other components of the system, which were constructed by the owner, to remain his responsibility and that as part of the agreement, the City agreed to assist Mr. Carlson in maintaining the system should such assistance be requested and in exchange for this promise of assistance, the City was allowed to enter the Park for the purpose of collecting water and sewerage rates from the individual owners; recommending that Mr. Rodgers be advised that the onus for ensuring that water and sewerage services to his site are the responsibility of the owner -- be received and filed and the recommendation adopted: AND FURTHER that staff inform the owner of Morland Trailer Park of the difficulties being experienced by the residents of the said Park. Councillor M. Vincent questioned what liability and responsibility the City assumes when it becomes the collector for services under the City's control but owned by the landlord. Mr. Rodgers replied that he is not aware of any liability, but the question posed by the Councillor requires examination of the documents pertaining to the area and he will report to Council on the matter. Councillor Landers noted that there have been ongoing problems in this area and the landlord should be contacted by the City. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the Chief of Police with respect to a Safe Driving/Driver Program, advising that a program of this 82-243 COMMON COUNCIL FEBRUARY 26. 1990 nature was attempted by a former Police Chief without success and that research has shown that the general public who have been stopped by a police officer for having displayed unusual or more than normal road courtesy express frustration and embarrassment; that the public feel that the police officers could better utilize their time on active enforcement as opposed to public relations and that while a program of this nature would have some cost, it is difficult to establish the exact cost and that in his opinion the benefits of such a program would be negligible and given the available resources it is not his intention to initiate such a program this year -- be received and filed. Councillor Rogers expressed her disappointment with the response of the Chief of Police and suggested that a program such as this would set Saint John above all other New Brunswick municipalities and noted that FCM has on file other municipalities that have safe driving awards. Assistant Deputy Chief McNamee reiterated that the citizens were not pleased to be stopped and told they were doing a good deed and noted that the first line of the Chief's letter indicated he was not going to initiate the program this year. (During the foregoing discussion Mayor Wayne withdrew from the meeting and Deputy Mayor Gould assumed the chair). Question being taken, the motion was carried. (Her Worship the Mayor re-entered the meeting and re-assumed the chair) On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the matter of the Police Force instituting a Safe Driving/Driver Award Program be referred to the Board of Police Commissioners to investigate the possibility of instituting a Safe Driving Award program for the City of Saint John. Question being taken, the motion was carried with the Mayor and Councillors Gould and Fitzpatrick voting "nay". Consideration was given to third readings of the following proposed by- laws: (1) an amendment to the Zoning By-Law be adding to section 130(1)(b) the following: "subject to the Mobile Home Park By-Law, a mobile home park,"; (2) an amendment to the Mobile Home Park By-Law to designate on Map 4 of Schedule "A" the additional areas on Marlborough Avenue as illustrated in the staff proposal; and (3) an amendment to the Zoning By-Law to re-zone that parcel of land on Marlborough Avenue with L.R.I.S. Number 303479, including the existing park and the proposed expansion, from "RS-2" One- and Two-Family Suburban Residential and "1-2" Heavy Industrial to "MH" Mobile Home Park classification, subject to an agreement pursuant to section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, (which by-laws were given first and second readings on January 15, 1990) as requested by Clearview Mobile (Homes) Ltd. Consideration was also given to letters from Clearview Mobile Homes Ltd. with respect to the above noted proposed amendments requesting an extension of time for one to two weeks so that the agreements pursuant to section 39 of the Community Planning Act can be finalized; and expressing their concern with regard to the location of a recreation area in the proposed expansion of Morland Mobile Home Park which they feel would make the project most difficult to justify on an economic basis and requesting reconsideration of the location. Mr. Rodgers advised that there is no provision in the Community Planning Act to extend the time with respect to the period of time to enact the by-law and forward same for approval by the Minister of Municipal Affairs, which is six months from the date of the advertisement of the first public notice, which was August 29, 1989 and tonight is the last meeting within the six month period and if third reading is not given, it lapses and the process must be repeated. Regarding the possibility of Council giving third reading to the amendments at this meeting with instruction to the Common 82-244 COMMON COUNCIL FEBRUARY 26, 1990 Clerk that the amendments not be filed in the Registry Office to permit negotiations to continue with the development on the conditions to be included in the section 39 agreement, Mr. Rodgers stated he would prefer not to comment on that possibility, as Council was given a recommendation from the City Manager and had discussions with Planning staff on this matter, in Committee of the Whole earlier this date. The possibility of Council holding a special Council meeting to consider the said amendments within the next two days to meet the Community Planning Act deadlines, was also broached. It was noted that Mr. James Watt, spokesman for Clearview Mobile (Homes) Ltd. was present at the meeting. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Mr. Watt be invited to address Council at this time. Question being taken, the motion was carried. Mr. Watt advised that he understands that until the re-zoning amendment is filed in the Registry Office, even though it has been approved by the Minister of Municipal Affairs, it is not effective and questioned why the amendments could not be given third reading and the agreement finalized within the next few days. He confirmed that the company is willing to negotiate with staff and referred to problems encountered with the agreement regarding the bonding requirement, and the work required to bring the Park to the standard that staff requested in detail. He noted that the company has a waiting list for the 79 additional lots to be created in the Park, and stated that the company agrees to abide by all the recommendations under a section 39 agreement and that the problems are not impossible to solve within the next two days. During ensuing discussion, Mr. Watt referred to the requirement, of which the company was informed on Wednesday of last week, for the planting of 1400 trees; advised that the company feels the requirement for bonding for rectification in the older portion of the Park is too high, that the company agrees with the bonding requirement for the Park extension, and referred to the bond requirements for recreation and buffering areas and off-site water storage. Mayor Wayne questioned when the developer received a copy of the proposed section 39 agreement and Mr. Bedford replied that the developer received a specific copy of the agreement on Wednesday of last week, however, that was intended to be the final step in the negotiation process, and that although discussions commenced last fall, discussion of the details was not initiated until first and second readings were given by Council in January of this year. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that in view of the fact that no agreement has been reached with the developer, Council decline to give third reading to the above by-law amendments. In reply to a query of Councillor Fitzpatrick as to the amount of bonding the company felt would be required for upgrading of the existing Park and the Park expansion, compared to the approximately $1 million bonding requirement proposed by staff, Mr. Watt stated that such figure would be approximately $400,000, of which approximately $50,000 to $100,000 would be for the existing area. Councillor Rogers asked what violations exist in the present Park and what action is being taken to have such violations corrected. Mr. Baird stated that City staff have prepared estimates to address some of the deficiencies identified in the Park, including improvements to the storm drainage system and development of the recreation and buffer areas. In reply to a query of Mayor Wayne, Mr. Baird confirmed that the company has been responsible for the sewage surcharge on a major main through the Park and he is led to believe that it is the City's responsibility and that this matter is being looked at. Mr. Rodgers noted that the matter will lapse if a motion to give third reading is defeated, if the proposed motion is adopted, of if the item is removed from the agenda, and if so, the 82-245 COMMON COUNCIL FEBRUARY 26. 1990 Zoning By-Law with respect to re-zoning applications is flexible enough to allow the developer to submit another application and the process can be re-commenced under a section 39 agreement, presumably, and further negotiations can then take place. Question being taken, the motion carried. (Councillor Davis withdrew from the meeting) Read a report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on February 19, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That the Common Council of the City of Saint John supports and encourages the Marco Polo group to proceed and take all necessary steps to explore with the Provincial and Federal Governments and private business, the concept, design and construction of the Marco Polo project. February 26, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the above report be received and filed and the recommendation contained therein adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the 1989 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. Mayor Wayne noted that in 1989, for the first time in the history of the Pension Plan, pensions paid have exceeded contributions received and as this trend continues into the future, more and more of investment earnings will be required to meet pension obligations. She stated that the Board of Trustees is attempting to address this situation and is presently looking at the present long-term disability coverage. Mr. Wilson noted that the market value of the Pension Fund was $102,218,760 at year-end and that the assets are managed by Jarislowsky, Fraser and Company and that the rate of return was 16.4% in 1989, with the five-year average rate of return being 13.5%. (Councillor Knibb withdrew from the meeting) Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that as recommended by 82-246 COMMON COUNCIL FEBRUARY 26, 1990 the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Ruth Leavitt, an employee of the Development Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to her permanent disability. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the Secretary of State of Canada with respect to the Five-Star Community Awards Program advising that the Program presents an opportunity to honour communities that have made significant achievements toward the goal of integration of people with disabilities and inviting the City to apply for an award -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from the North End Improvement Corp. Inc. with respect to the closing of No.5 Fire Station, Main Street, advising that they manage 97 housing units in the lower portion of the Main Street, Albert and Metcalf Street area and expressing concern with response time from the Millidgeville or uptown stations which could result in serious damage and possible loss of life and expressing the hope that immediate repairs will be made and the station re-opened -- be received and filed. Mr. Taylor stated it is expected that the above fire station, which has been temporarily closed for required repairs, will re-open this week. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Central Business Development Corporation advising that in the past years the City of Saint John and in recent years the Central Business Development Corporation have spent considerable energy, commitment, and dollars to revitalize and make major improvements to the central business district of the city; that this work is of vital importance and improvement to the uptown is an affirmation to make Saint John a more attractive and competitive community in the regional market place; requesting the absolute support and commitment of Common Council that any major complex, such as a civic centre of theatre, that may be developed in the future in Saint John be situated in the central business district -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the notices from the Liquor Licensing Board advising that the hearings for the applications of Charybdis Inc. for a lounge and entertainment license with respect to premises at 88 Prince William Street; 115 Prince Wm. St. Ltd. for a beverage room license with respect to premises at 115 Prince William Street; and Murray's Place Ltd. for a beverage room and entertainment license with respect to premises at Westmorland Place will be held on March 1, 1990 -- be received and filed. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Rogers 82-247 COMMON COUNCIL FEBRUARY 26. 1990 Seconded by Councillor Landers RESOLVED that the letter from L.S.O. Enterprises Limited advising that on July 4, 1989 Common Council granted permission to use a portion of South Market Street as an outside patio for Ye Olde Grey Mare Pub for the period of July, 1989 to September 30, 1989 at a price of $100.00, however, due to the construction on the City Market the space could not be used and permission is requested to use the same space with the same conditions for the period of June 1, 1990 to September 30, 1990 -- be received and filed and permission granted. Discussion ensued with respect to continuing renovations to the City Market and an alleged verbal agreement with the operator of the business to have only one entrance to the establishment from South Market Street and staff acknowledged the fact that the building permit has been issued to construct an additional entrance from King Street. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the above-noted request be referred to the City Manager for a report at the next meeting of Council. Question being taken, the referral motion was carried, with Councillor Fitzpatrick voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk