Loading...
1990-04-23_Minutes 82-340 COMMON COUNCIL APRIL 23, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of April, AD. 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, 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; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; Ms. M. Chaperlin, 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 Coughlan Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on April 9, 1990, be approved as corrected. Councillor Fitzpatrick advised that he voted in favour of the Planning Advisory Committee's recommendation with respect to the Walter Vincent Subdivision at 55-56 Fallsview Park, although the above minutes indicate that he voted against the recommendation, and the Mayor called for the question on the motion to approve the minutes as corrected. (Councillors Knibb and Rogers entered the meeting.) Question being taken, the motion was carried. Her Worship the Mayor extended congratulations to 16-year old Natasha Hallett, a Saint John gymnast who lives and trains in Montreal, P.Q., on being awarded two gold medals in an invitational gymnastics competition in Yugoslavia and whose long-term goal is to participate in the 1990 Summer Olympics; advised of the appointment of Mr. Ralph Murray, the City's Senior Transportation Policy Analyst, as the New Brunswick representative on the Canadian Transportation Education Foundation; and extended congratulations to Saint John photographer Patti Livingston for having received a fellowship award from the Maritime Professional Photographers Association. The Mayor proclaimed April 23 to 27 to be Poison Prevention Week, the last week in April to be National Consumer Week, April 25 to be McHappy Day in recognition of McDonald's Restaurants fund-raising efforts for children's charities, April 22 to 28 to be Professional Secretaries Week whereupon Barbara Mahaffy, President of the Saint John Chapter of Professional Secretaries International, addressed Council in this regard; the week of April 22 to 28 to be Parkinson Awareness Week whereupon Mr. J. McNamara commented on the Foundation's activities; and the week of April 23 to be Welcome Wagon Week whereupon Dianne Cormier addressed Council on the occasion of the 60th anniversary of Welcome Wagon and presented a certificate of appreciation to the Mayor. (Councillor A Vincent entered the meeting during the above remarks.) 82-341 COMMON COUNCIL APRIL 23, 1990 Her Worship the Mayor extended best wishes to members of the St. George's Society of Saint John on the occasion of the Society's annual dinner; and Councillor Flewwelling, referring to copy of a letter from Councillor Landers to Mr. J. K. Irving of Rothesay Paper Limited (copies of which were forwarded to Council members as an information item) concerning labour unrest, expressed his intent to also respond to the letter from Mr. Irving, which he understands was received by all Council members, on the basis that Councillor Landers' response should not be considered a response on behalf of all Council members. Councillor Landers clarified that she responded on her own behalf as a Councillor to the letter from Mr. Irving and that it was not intended to be a response from Council; and Councillor Fitzpatrick made the observation that this item was not on the agenda. Councillor Rogers, having commented on National Volunteer Week and her attendance at the Salvation Army's annual meeting, presented to the Mayor a plaque on behalf of the Centracare Foundation in appreciation of the City's support of and contribution to Moosehead Skate-to-Care '90. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Coughlan proposing the idea of convening a special meeting of Common Council in the Town of Caraquet as a first step in establishing official ties with Saint John's twin municipality, and that the Municipal Council of Caraquet could also be invited to conduct a similar meeting in Saint John to discuss matters of mutual concern; and recommending that this proposal be approved by Common Council, with plans to be formulated by staff in conjunction with staff from the Town of Caraquet -- be referred to the City Manager. The Mayor asked that the above matter be referred to the City Manager on the basis that there has been discussion, through his office and Public Relations, with Caraquet and the Provincial Government with respect to an appropriate agenda of activities for twinning with Caraquet. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt April 2-10, 1990 $8,942.23 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt April 11-17, 1990 $4,085.68 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 82-342 COMMON COUNCIL APRIL 23, 1990 1. Contract 89-8 CrackfillinQ Asphalt Pavements - 1989 Road Savers Maritime Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated April 18, 1990 Final holdback release $37,000 34,000 Nil 28,900 $ 5,100 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $35,000 be accepted from Galbraith Construction Limited as security to ensure the rehabilitation of the gravel pit at 2614 Golden Grove Road. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, further to Council's request of April 9 for information on a possible potash spill into the Harbour on that date, Captain Ralph Wood, Terminal Manager of Furncan Marine Ltd., explained that potash is a valuable commodity that would not be intentionally wasted by dumping into the Harbour and, with respect to discharge into the Harbour, in his words, it was a minimal discharge of a completely benign material and, although he mitigated the effect of this minimal spill, he did assure that every effort is made to recover all of the product, and offered to provide a tour of the facility in order to provide assurance that the operation is well-run -- be received and filed. Mr. Taylor, in response to Councillor Fitzpatrick, advised that, although he was advised as late as April 20 that a representative of the Saint John Port Corporation would address Council on this date on the petroleum coke situation at the Port, he was subsequently informed that the representative would not come to either open or closed session of Council, nor would the City Manager's letter to the Corporation in this regard be addressed and any additional questions relative to the coke problem should be directed to Alcan Aluminum or the stevedoring company concerned. Councillor Coughlan asked that the City Manager follow up on Mr. K. Krauter's indication to Council that there could be a teach-in and tour of the Port facilities; and Councillor M. Vincent suggested that Mr. Krauter or Mr. H. Gaunce, Chairman of the Corporation, should be asked to address Council in Legal Session if appearance before Council is prohibited because of legalities. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager highlighting the activities of the Fundy Regional Solid Waste Provisional Committee, which has met from July 25, 1989 to March 15, 1990, having changed its name on February 15 to Fundy Solid Waste Action Team (Fundy SWAT) and on March 15 having hired Hunter Public Relations to develop a comprehensive public communications plan at a cost of $10,000; advising that, in the coming months, an increased awareness of solid waste issues can be expected, with a stepped-up program on communications in conjunction with Hunter Public Relations and the hiring of two students through the Challenge '90 Program while, at the same time, W.M.S. Associates will continue with the waste audit and assessment of alternatives with an 82-343 COMMON COUNCIL APRIL 23, 1990 expected completion in mid-September 1990; also advising that quarterly reports will be submitted to Council in order to provide a general understanding of the Committee's progress; and suggesting that Deputy Mayor Gould and Councillor Davis, members of the Committee, may wish to add their own comments -- be received and filed. During discussion the Mayor noted that Fundy SWAT will make no decision with respect to the matter of regional waste facilities without Council's consideration of its report. Question being taken, the motion was carried. Read a letter from the City Manager submitting a letter from Mr. Barry M. Stewart, President of Hospital Holdings Inc. (tbi), advising that the Bank of Canada has accepted its purchase offer for the old General Hospital complex subject to the transaction being closed on or before May 1, 1990; and requesting that the City designate the "Old General" for downtown redevelopment to assist the group's efforts in obtaining Provincial funding for the project. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Mr. Barry M. Stewart, President of Hospital Holdings Inc. (tbi), be informed that the City of Saint John supports the redevelopment of the old General Hospital complex. During discussion Councillor Flewwelling asked if the above motion would cause the City, in any terms, to be involved financially in the development of the former General Hospital site to which the Mayor replied in the negative; and Councillor A. Vincent asked if the property, which was re-zoned to integrated development in 1986 when Mr. A. Deters proposed to develop the property, has reverted to its previous zoning due to its lack of development by Mr. Deters to which Mr. Rodgers replied that he would have to review this matter. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that staff has proceeded through the process of advertising the position of Director of Parks, which was vacated by Mr. Brian Sheridan who has taken a position with the City of Etobicoke, Ontario, effective April 30, and that the reviewing team at this time feels that none of the four present employees who applied for the position possess all of the qualifications necessary; also advising that, since a suitable candidate has not been found and because it is imperative that Parks has a director immediately, an interim solution has been developed and, effective immediately, Mr. Murray Jamer has been moved to become the Acting Director of Parks for the interim period until a suitable candidate is found and that, upon Mr. Jamer's move, his present position of Director of Works has been filled by Mr. Bill Edwards as the Acting Director of Works; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council appoint Mr. Murray Jamer as Acting Director of Parks on an interim basis, with no change in salary, and appoint Mr. Bill Edwards as the Acting Director of Works at a salary of $52,651 which is the minimum of the range for that position. During discussion the Mayor confirmed that the City has a policy of trying to hire Saint John residents first and advised that staff is again looking internally to see if there is an employee interested in being trained in the field; and Mr. Taylor advised that, to date, thirty applications have been received for the position of Director of Parks. Question being taken, the motion was carried. 82-344 COMMON COUNCIL APRIL 23, 1990 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that, further to the report to Council on April 2 concerning the purchase of the #2 motor at the Spruce Lake pumping station, the Purchasing Agent contacted eleven companies, including those which had responded to the City's tender call, and that, although three of the four original bidders could not improve significantly on their original delivery promise, Eastern Distributors Ltd., the fourth original bidder, located another source of supply which meets the City's specifications and is available within 3 weeks at a price of $27,015; and also advising that only one other company was able to supply a motor in what is considered an acceptable time limit, such company being Universal Sales Ltd. at a quoted price of $28,042 with a 6-week delivery date, and that the City Manager authorized the placement of the order for the new motor from Eastern Distributors at a cost of $27,015 which is $1,020 more than the lowest tender previously received, with the motor available 17 weeks sooner -- be received and filed and the purchase be approved. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, to date, 14 applications involving the construction of 91 housing units have been approved for funding under the Housing Through Infill Development Program, totalling an estimated $727,000, such applications having been evenly distributed throughout the South End and West Side areas, with only one application having been approved in the North End area of the City, and that 8 of the 14 applications were approved in 1989; also advising that the objectives established for the Program are considered to be still valid and that it is proposed that funding for H.I.D. be continued in 1990 with modifications to the guidelines, with the City to evaluate the opportunities to fund other housing needs, such as a renovation program which will be addressed as part of the housing statement to be prepared in 1990; explaining the proposed modifications to the H.I.D. guidelines with respect to funding levels, project size and projects involving demolition, and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, (1) the Housing Through Infill Program be funded for 1990; (2) the Program budget be set at $300,000; (3) the following amendments to the Program guidelines be made: (3.1) the level of grant be maintained at 15% of the increase in property tax assessment; (3.2) the final payment of the grant be made the later of (a) May 15 of the appropriate year when the project tax assessment is known ; (b) 60 days following the decision on an appeal by the Assessment Department; (3.3) project size be limited to 12 housing units; (3.4) projects involving demolition qualify for funding with specific approval procedures, and the demolition of buildings which can be reasonably rehabilitation is not encouraged; (3.5) the guidelines stipulate that Council is neither implicitly nor explicitly obligated to approve any application; and (3.6) the actual assessment of the property prior to development be used in calculating the level of the H.I.D. grant; and (4) no new areas be approved for 1990. Responding to a query of Councillor Flewwelling, Mr. Todd explained that, although under particular circumstances renovation can be funded, the main objective of the H.I.D. Program is to encourage new construction rather than renovation; therefore, the practice of renovating property for subsequent resale is not encouraged, and that the majority of the units funded through the H.I.D. Program are being constructed by developers for eventual sale for home ownership; and that, with respect to Councillor Rogers and Landers' questions about demolition projects, noted that it is proposed that a joint staff committee of Housing, Planning and Building Inspection staff will review all such applications, with Council under no obligation to approve any application even though it may meet all of the guidelines. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) 82-345 COMMON COUNCIL APRIL 23, 1990 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that the Minister of Tourism, Recreation & Heritage advised by letter on April 5, 1990 that, while it was stated and agreed that a special grant for the operation of former Provincial tourist information centres would only be made for the first year of the transfer of responsibility to municipalities, the Department has considered a request for a phasing-out formula instead of a complete withdrawal after the first year and has, therefore, decided that a reduced special grant will be offered for the year 1990 as the last special contribution, with only the regular grant program to be available to the operators for the 1991 season, and further that the phasing-out formula retained offers 30% of the 1989 grant to a maximum of $5,000 which, in the City of Saint John's case, amounts to a special contribution of $5,000, with the City, under the regular grant program remaining eligible for up to $4,000, for a maximum total contribution of $9,000; also advising that the City's cost of maintaining the tourist information centre on Highway #1 West in 1989 was approximately $21,000, while approximately $30,000 was paid in salaries and $10,000 in miscellaneous expenses, such as literature, office supplies, telephone, etc., for a total expense for the 1989 season being in the area of $61,000, and no significant change seen for 1990; and recommending that the lease of the Throughway Tourism Information Centre from the Province of New Brunswick be renewed for a one-year period from April 1, 1990 to March 31, 1990, under the same terms and conditions with the exception that Clause 1 (b) concerning the grant from the Province be changed to reflect a grant of $9,000 rather than $21,300 -- be received and filed and the recommendation adopted. (Councillor Fitzpatrick re-entered the meeting.) Councillor Fitzpatrick made the observation that the 45,000 visitors to the above facility in 1989 and the cost associated with its operation represents a cost of approximately $1.35 per tourist, and asked the cost to other cities in the Province which are operating such facilities, to which Mr. Brown replied that the Director of Tourism is currently preparing a comprehensive report which reviews the City's tourist information centres and compares experience in other cities which should be submitted to Council in two weeks. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's approval on May 19, 1987 of an estimated grant of $226,772 under the Greater Residential Incentive Program for Mahogany Heights Developments Inc., the 1990 property tax assessments for the houses built within the development have been received and the final funding level is higher than that approved, with the final grant level being $310,383; submitting information on Mahogany Heights Developments Inc.'s application GR-19 for GRIP funding and outlining the process involved; and recommending an increase in the GRIP grant. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Greater Residential Incentive Program grant for Mahogany Heights Developments Inc. be increased from $226,772 to $310,383. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager addressing questions of Council during consideration of increases in the level of funding for specific projects under the Greater Residential Incentive Program relating to (1) why the increases in the level of funding are so substantial and why the 82-346 COMMON COUNCIL APRIL 23, 1990 initial estimates of funding were not better; and (2) how the City can be sure that assessments submitted will not be appealed once the GRIP grant is paid; advising that, as with any funding program, there are issues which will arise as experience with the program is gained and, with GRIP, this experience has related to the calculation of the grant levels and the potential for appeal of the final assessments, such experience to result in future programs, if any, recognizing these situations, with staff, in the meantime, to attempt to ensure that the City obtain its desired financial benefits from the existing GRIP applications -- be received and filed. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting the 1990 Capital Budget proposing expenditures of $14 million for general purposes and $5.3 million for utilities, both representing an increase over the 1989 Capital Budget due in part by the carry-over of work from 1989 but mainly to the strong emphasis on infrastructure renewal, in streets, curbs, sidewalks, water and sewer mains, and City buildings, an emphasis which is a reflection of Council's Goals for Saint John; advising that some of the significant factors which had to be considered in the preparation of the 1990 three-year Capital Budget are: (1) the continuation of Council's commitment to a stable tax rate and to a decreasing dependence on debenture borrowing; (2) the achievement of the Goals for Saint John, particularly with reference to infrastructure and the environment; (3) the strong support of projects which contribute to the economic and social vitality of the City of Saint John and the central business district, namely, the City Market, the regional exhibition centre and the Bi- Capitol Project; and (4) the need for increased expenditures in the utility with respect to water quality, waste treatment, and the replacement of aging plants, without major increases in utility rates, such factors being more fully described herein; and commenting on major capital expenditures related to transportation, curb and sidewalk improvements, asphalt, buildings, a designated highways program, and private roads, with staff's desire being that Council approve the specific projects listed herein for construction in 1991 at a total cost of $1,113,000, this new direction to allow for the earlier completion of detailed engineering drawings which will hopefully result in an earlier start of the construction program, thus a more timely completion and also which should result in receiving more competitive bids and a better distribution of workload. The report addresses the proposed capital program for Recreation and Parks, buildings and facilities, equipment, housing and other incentive programs, and major projects, the latter including allocations of $1 million each for the regional exhibition centre and the Bi-Capitol Project, none of which would be forthcoming for the Bi-Capitol Project until the group is able to put the full funding package together and call for tenders; and, with respect to the Water and Sewerage Utility, advises that funds are included for the upgrading of the Lancaster wastewater treatment plant, the rehabilitation of the Spruce Lake water standpipe, the installation of a watermain on Lakewood Avenue West, the rebuilding of the sewer system on Orange Street, the installation of storm sewers on Manawagonish Road, fluoridation of the City's domestic water supply with respect to the Loch Lomond system and the continuance of the process of engineering studies to implement this process in the Spruce Lake system, and financing of a major comprehensive review of the City's plans for collection and treatment of sewage; and recommends that Council adopt the Capital Program as shown in Schedules 1 to 10 submitted. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Council adopt the 1990 Capital Budget, as shown in Schedules 1-10 submitted. The Mayor questioned the references in the Capital Budget to $1 million for the Imperial Theatre/Bi-Capitol Project on the basis that the City Solicitor has advised Council that funding for this project cannot be taken from the Capital Budget but rather from the Operating Budget, to which Mr. Taylor replied that the reference is simply that the $1 million allocated to the Bi-Capitol Project will come out of operating dollars and just means that the capital items that would normally have been funded for or debentured will not happen for the $1 million relevant to the Project, and that $1 million will not be borrowed to provide funding for the Bi-Capitol Project but it will be 82-347 COMMON COUNCIL APRIL 23, 1990 taken from the capital area of the operating budget and fund other areas of capital expenditure; and he suggested that, as in his opinion what is presented above is totally legal, it may be appropriate for him and the City Solicitor to discuss the matter in an attempt to resolve this concern as it was not addressed prior to this meeting. Mr. Rodgers advised that, while he saw nothing wrong with the manner in which funding was proposed for the Project as explained during discussion some months ago with the City Manager and neither did he read the above document prior to this meeting, it his opinion that the statements on pages 3 and 11 in the City Manager's report, which are without any doubt very clear that the $1 million for the Bi-Capitol Project is in the Capital Budget, should be struck from the report and the adjustments made accordingly, otherwise the City's entire Capital Budget is left up for attack by persons who might wish to make the situation difficult and that, while it is not proper to make the references in the manner presented in the above report, based on his understanding of the explanation provided to him previously by the City Manager, the deletion would not prevent the funding to be made available in the manner in which the City Manager is proposing. Mr. Wilson, in acknowledging the City Solicitor's previously-expressed concern in this regard and noting that there was no issue raised to the Commissioner of Finance's two options to accommodate the $1 million expenditure for the Project when presented in Committee of the Whole a number of months ago, explained that it is proposed that the $1 million be included in the Capital Budget but that no bonds would be issued for it and that, as the City has been writing off approximately $1.5 million out of the Operating Budget for capital projects, $1.6 million has been budgeted in the 1990 Operating Budget for capital projects not yet identified and to be identified later in the year and that, if the commitment to the Bi-Capitol Project is called upon during the next number of months, the $1 million will be charged up against the $1.6 million allocated for such financing out of the Operating Budget. Mr. Rodgers concurred with the City Manager's suggestion that this matter needs further discussion because there is obviously something deeper than what he understands from reading the indication in the above report that Council's commitment to the completion of the Imperial Theatre is evidenced by the inclusion of $1 million in the Capital Budget and that, while this may not be the forum for such a discussion, he requires further explanation to indicate that this amount of money is not being budgeted in the Capital Budget. Mr. Wilson explained that the question that he understood the City Solicitor to raise was with respect to the matter of financing in that the City cannot issue bonds for the Project and that, while at some point monies will be expended and a decision will be made on financing, there are two ways to finance capital works, namely, through bond issues and through the one-year write off which the City has been fortunate enough to have over the last number of years. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for one week for a report from the City Solicitor and the City Manager. Question being taken, the tabling motion was carried with Councillors Davis and Knibb voting "nay". Consideration was given to a letter from the City Solicitor advising that the solicitor for McAllister Place Limited, owner of the McAllister Mall development, wishes to have recorded in the Registry Office a notice of the termination of the lease of the Silver Falls Park sewage lagoon site; also advising that the submitted document has been reviewed and approved as to legality and form and that it is appropriate that Council authorize its execution for which the adoption of the stated resolution is required. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Mayor and Common Clerk be authorized to execute a Notice of Termination of the lease between Silver Falls Park Development Company Limited as lessor and The City of Saint John as lessee, dated the 10th day of January, 1980 and recorded in the Registry Office for the County of Saint John on the 14th day of January, 1980 in book 900 at page 573- 579 as No. 287871, certifying that (a) the sewerage system in Silver Falls Park has 82-348 COMMON COUNCIL APRIL 23, 1990 been connected by a trunk sewer to the sewerage system of the City of Saint John and as such the City of Saint John has no further right, title and interest in the lease or in the lands leased by the lease; and (b) Silver Falls Development Company Limited, Tritor Developments Limited and McAllister Place Limited, their successors and assigns, have no outstanding or remaining liabilities or responsibilities under or with respect to the lease. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor advising that, further to Council's enactment on March 12, 1990 of an amendment to the Traffic By- Law placing parking restrictions on Cambridge Drive (which was the subject of a letter from P.J.E. Job Hawkes to Council on April 9), it has been established that Cambridge Drive is not a public street and that, although the various plans show the area to be a proposed street, a title search has revealed that the land is not vested in the City of Saint John; expressing the understanding that the appropriate staff is reviewing the matter further with a view to submitting to Council a policy recommendation regarding the status of the proposed street; and concluding that, in the meantime, it is necessary for Council to amend the Traffic By-law by repealing in part the recent enactment as indicated in the submitted 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 Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with respect to Cambridge Drive, be read a first time. Councillor Fitzpatrick asked if Cambridge Drive meets the City's street standards and whether or not City services should be continued to Cambridge Drive now that its status has been determined, to which Mr. Armstrong replied that Cambridge Drive, although it meets the standards for streets built at that time, does not meet today's standards, and Mr. Rodgers advised that he does not consider this as a situation where the City should alter its past practice with respect to services unless it is serious about taking steps to have Cambridge Drive revert in actual use to a private street. Councillor A. Vincent questioned the legal liability should a fire or police vehicle or an ambulance be involved in an accident on a private street. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with respect to Cambridge Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 82-349 COMMON COUNCIL APRIL 23, 1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-200 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a portion of land containing approximately 11 acres with frontage on Heatherway and Eagle Boulevard (being a portion of L.R.I.S. Number 436592 and all of L.R.I.S. Numbers 342220,312934 and 419390), from "RM- 2" High Rise Multiple Residential, "RS-2" One- and Two-Family Suburban Residential and "B-2" General Business to "R-1 B" One-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition requiring the developer to erect a 5- foot high board fence along the rear lot lines of the lots bordering the "B-2" and "RM-2" zoned areas and provide a 10-foot buffer strip along the fence, which strip shall be planted with trees acceptable to the Development Officer; and the fence and trees shall be erected and planted within 2 years of the execution of a subdivision agreement which involves any of lots 14G to 25G on the tentative plan. The by-law entitled, "By-Law Number C.P. 100-200 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee submitting copies of the Planning Department's reports regarding the application of Mahogany Heights Developments Inc. for the re-zoning of property north of Ridge Rowand east of Westgate Drive, which was tabled at the public hearing of March 26 with no readings given; and recommending that (1) a 17-acre parcel of land located north of Ridge Rowand east of Westgate Drive, as illustrated on the submitted map, be re-zoned from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-1A" One-Family Residential, "R-1 B" One-Family Residential and "R-2" One- and Two-Family Residential classifications; (2) Common Council approve the location of Mahogany Terrace; (3) Common Council assent to one or more subdivision plans showing one or more phases with respect to the street, municipal services easements, utility easements and land for public purposes required for Mahogany Heights Subdivision Phase 2; and (4) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services and provide for the following:- (i) the pedestrian walkway leading to Island View School shall be developed with concrete sidewalk, chain link fence, lighting and landscaping by Mahogany Heights Developments Inc.; and (ii) Mahogany Heights Developments Inc. shall prepare and execute a surface drainage plan to the satisfaction of the Chief City Engineer and shall provide all necessary easements in connection therewith. 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 17 -acre parcel of land located north of Ridge Rowand east of Westgate Drive, as illustrated on the submitted map, from "RF" Rural and "RS-2" One-and Two-Family Suburban Residential to "R-1A" One-Family Residential, "R-1 B" One-Family Residential and "R-2" One- and Two-Family Residential classifications, be read a first time. Councillor Flewwelling asked if, as there is a large school playground in the area, it would be more appropriate for the City to accept money in lieu of land for public purposes to which Mr. Bedford replied that, in the mid-1970s when the initial Westgate Park Subdivision was approved, a development plan was prepared which illustrated how the whole valley area would be developed and at that time it was indicated that a park should be provided in the central area of the valley area which is 82-350 COMMON COUNCIL APRIL 23, 1990 where the land for public purposes is being proposed at the moment, and that it is hoped that in the long run there will be enough land to provide a good quality park facility for the total residential area that will eventually develop, and that, at the present time, the recreational requirements for the residents would be met at the abutting school site. Councillor Landers questioned the reference in the submitted Planning staff report to the Engineering and Planning Departments' concern about access to Westgate Park to which Mr. Bedford replied that, at the present time, staff is recommending development of only Phase 2 consisting of 12 lots, which will achieve access through Mahogany Heights Phase 1, and it was decided not to approve additional phases at this time. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. 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 17 -acre parcel of land located north of Ridge Rowand east of Westgate Drive, as illustrated on the submitted map, from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-1A" One-Family Residential, "R-1 B" One-Family Residential and "R-2" One- and Two-Family Residential classifications, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Read a letter from the Planning Advisory Committee submitting copies of its previous letter to Council dated September 21, 1989 and of Planning staff's reports dated April 3 and April 12, 1990 concerning the property at 327 Charlotte Street, which is the subject of an application of Mr. Willard Trites for a Municipal Plan amendment and re-zoning with the public hearing having been held on April 9 at which time the matter was tabled with no readings given; advising that it was decided that the Plan amendment and zoning change from Residential to Light Industrial would set a precedent which in the long term would result in further erosion of the residential component of the South End, and recommending that the application to amend the Municipal Development Plan and Zoning By-Law from a Residential classification to a Light Industrial classification be denied. Consideration was also given to (a) a letter from Anne M. Byrne, solicitor for Mr. Willard Trites, addressing an issue broached at the public hearing of April 9 with respect to the petition in support of the bottle exchange containing 589 names of which 525 were from the South End; commenting on the appearance of the property since Mr. Trites' purchase of it; and requesting that Mr. Trites be allowed to speak to Council to clarify some matters regarding his application; and (b) a letter from Mr. Willard C. Trites referring to his previous applications for a Municipal Plan amendment and re-zoning of the property at 327 Charlotte Street. The Mayor noted that she was not in attendance at the public hearing of the above-proposed amendments, and Mr. Rodgers expressed the opinion that, because the law requires the Mayor to preside and vote on each question when she is present at a Council meeting and although the law requires only abstinence from voting on legislation by Council members who were not in attendance at the public hearing, in this case it would be wiser for Her Worship the Mayor not to preside because there is a difference between staying at the meeting as an ordinary Council member and abstaining from voting as opposed to presiding over the meeting and carrying out those functions; therefore, Council should choose who will preside over the meeting in the Mayor's stead. 82-351 COMMON COUNCIL APRIL 23, 1990 On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that Councillor Flewwelling preside over the meeting. Question being taken, the motion was carried. (The Mayor withdrew from the meeting whereupon Councillor Flewwelling assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Mr. Willard Trites or his solicitor be invited to address Council at this time. Question being taken, the motion was carried. Mr. Willard C. Trites appeared before Council regarding his application and, having commented on the reasons for denial of his previous applications based on the odour of beer bottles, its proximity from a park and a busy intersection, noted the presence of sixty-one business establishments on Charlotte Street with his property situated on the industrial corner; and suggested that he is being singled out for some reason unknown to him as his applications have been denied. (Councillor Davis withdrew from and Councillor M. Vincent re-entered the meeting.) Councillor Coughlan asked if Mr. Trites feels he is being discriminated against with respect to the present application to which Mr. Trites replied in the negative, although he feels such with respect to his first application. Mr. Bedford, in response to Councillor Landers, explained that the South End is a residential area which the City and the community are attempting to move towards redeveloping and supporting its change back into a more consistently-developed residential area and, as the subject property is located at the southern entrance to the South End, it is staff's concern that the re-zoning of a residentially-zoned piece of land to industrial and limiting the use to only a bottle exchange would result in sending a negative message to residents and developers of the South End; therefore, to reinforce the overall development for residential purposes, staff considers it inappropriate that the subject site be re-zoned. During discussion Mr. Trites proposed that, with respect to Councillor Landers' observation that there is a park across from the subject site, he could place the garage door on the Broad Street side of the building so that children could not see the beer bottles, and he questioned the reason for a suggested six-foot fence on the basis that he would not be operating a junkyard; and, in response to Councillor Rogers, Mr. Trites explained why he feels he is being discriminated against with respect to his proposal and suggested that, as users of the park could take discarded bottles to the bottle exchange, his proposed operation could be of benefit to the park. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a lot containing approximately 2500 square feet at 327 Charlotte Street (L.R.I.S. Number 002279), from Medium Density Residential to Light Industrial classification, be read a first time. Mr. Rodgers confirmed that, as enactment of the proposed amendments would go against the Planning Advisory Committee's recommendation, an affirmative vote of the majority of Council would be required at third readings to enact the proposed legislation. 82-352 COMMON COUNCIL APRIL 23, 1990 Question being taken, the motion was carried with Councillors Coughlan, Landers and Rogers voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a lot containing approximately 2500 square feet at 327 Charlotte Street (L.R.I.S. Number 002279), from Medium Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillors Coughlan, Landers and Rogers voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a lot containing approximately 2500 square feet at 327 Charlotte Street (L.R.I.S. Number 002279), from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, be read a first time. Question being taken, the motion was carried with Councillors Coughlan, Landers and Rogers voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a lot containing approximately 2500 square feet at 327 Charlotte Street (L.R.I.S. Number 002279), from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillors Coughlan, Landers and Rogers voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. (The Mayor re-entered the meeting and reassumed the chair, and Councillor Davis re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 82-353 COMMON COUNCIL APRIL 23, 1990 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan, of which a photocopy reduction is submitted, with respect to the public street, Turnbull Place. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the City of Saint John Environment Committee requesting Council to seek confirmation regarding the possibility that there may be other bulk cargos to be shipped through the Port of Saint John during the coming months and, if possible, to determine what bulk cargos are intended for shipment -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the City of Saint John Environment Committee recommending that Council look into improving the vegetation and green space along Chesley Drive -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the City of Saint John Environment Committee recommending that a children's flower garden be established in the City as an Environment Week project and that, using the annual Christmas Tree Lighting Ceremony as a model, the children of the City could bring their seeds and bulbs and plant them in a garden and watch them grow -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Minister of the Environment responding to Common Council resolution of March 26, 1990 concerning the petroleum coke dust in the City's South End, and advising that all possible avenues of action are being pursued to resolve this particular situation, to minimize further dusting during the storage and reloading, and to prevent any similar recurrence -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Provincial-Municipal Council Inc. submitting a further response to a resolution submitted by the Cities of New Brunswick Association on March 29, 1989 requesting the Province to delete section 164(3)(c) from the Municipalities Act, relating to the testing of a parking meter by an enforcement officer; such response being from the Minister of Municipal Affairs to the effect that the Department is proposing a number of legislative 82-354 COMMON COUNCIL APRIL 23, 1990 initiatives, some of which have been proposed by Provincial-Municipal Council Inc., which will have the effect of clarifying or correcting certain anomalies which currently exist in acts and which are under the administration of the Minister of Municipal Affairs, such initiatives including the testing of parking meters and rescinding section 164(3)(c) of the Municipalities Act, and that, should it not be possible for this amendment to be introduced during the current spring session of the Legislature, it will then be carried over until the fall -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the New Brunswick Wildlife Federation urging Council to allow the Saint John Fish and Game Association to continue to use Lily Lake Pavilion -- be received and filed and the City continue to assist the Association to relocate within the Park. Councillor A. Vincent suggested that the Fish and Game Association might be able to utilize the Police shooting range in Loch Lomond. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Jeffrey Gianakos requesting approval to temporarily locate his mini-home on lot 89-2 of the Mary Doyle Subdivision on Range Road and advising his intent to apply for proper zoning of the property -- be received and filed and permission be granted for temporary placement of the mobile home and further that the applicant apply for re-zoning of the property by the end of May 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Grace Baptist Church for the re-zoning of property at 1181 Latimer Lake Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 11, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the application of Irving Oil Limited for the re-zoning of 322 Union Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 11, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mosher Chedore, solicitors for Diamond Taxi (1982) Ltd. with respect to the matter of the regulation and licensing of the owners and operators of taxi cabs in the City of Saint John; submitting a photocopy of the Quebec Transportation by Taxi Regulation which more fully outlines the medallion system presently used in Quebec, the proposal being 82-355 COMMON COUNCIL APRIL 23, 1990 set forth by Diamond Taxi (1982) Ltd. being somewhat akin to the Quebec system; and requesting on behalf of Diamond Taxi (1982) Ltd. that the current Taxi By-Law be amended insofar as it relates to the present system of licensing for taxi cab -- be referred to the City Manager and the City Solicitor for a report to Council. Councillor Coughlan asked if the meter issue for taxicabs is still being addressed to which Mr. Taylor replied that this matter is ongoing and being investigated, and that staff has met with representatives of the taxi operators and will discuss the requested information in the near future. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letters from (a) Mr. Harold Tobias, Manager of Avis Rent A Car of 17 North Market Street, expressing concern that the placement of City Market tenants' coolers on the north side of the Market building will mean that deliveries will be made on North Market Street thus tying up traffic both for the public and his business customers and also that a garbage compactor to be installed directly across the narrow street from his parking garage will result in odour and the attraction of flies and seagulls; and expressing the hope that some solution could be reached before these installations begin; and (b) Thirty-Five Charlotte Ltd. expressing concern about the placement just beneath its windows on North Market Street of a trash compactor for the entire City Market, and the possibility that there will be three entrances on North Market Street which will cause traffic parking and tie-ups in addition to the emptying of the trash compactor that should successfully block the Street many hours of the day -- be referred to The Market Square Corporation, along with the copy of the letter from Lowjack Enterprises Ltd. (copies of which were forwarded to Council members as an information item) concerning the property at the corner of Germain and North Market Streets. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Charter Rights & Civil Liberties Association expressing concern about the continued secrecy of the meeting of the Saint John Board of Police Commissioners; and urging Council to indicate and express its view to the Police Commission that, keeping with the spirit of the Police Act, the Commissioner ensure that only those items which can justifiably be considered not to be in the public interest to be discussed in open meeting be dealt with in closed session and all other items be considered in open session -- be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from The Saint John District Labour Council acknowledging Common Council resolution of March 19 in response to the Labour Council's request to meet with Common Council concerning the tactical squad newly-formed in the City of Saint John; advising of its receipt of a reply from the Police Commission offering to meet with Labour Council representatives; and requesting once again to meet with the Mayor and Common Council regarding the tactical squad -- be received and Council meet with The Saint John District Labour Council to hear its concerns in this regard. Councillor Coughlan suggested that the Labour Council should be asked to advise why it does not want to meet with the Police Commission to which Chief Sherwood replied that, although the Labour Council was invited to meet with the Board of Police Commissioners, it chose not to reply to the Board's correspondence. Councillor Coughlan proposed a motion, which was seconded by Councillor 82-356 COMMON COUNCIL APRIL 23, 1990 Flewwelling, that the above matter be tabled until Council receives a response from the Labour Council as to why it does not wish to meet with the Commission. Mr. Rodgers expressed the opinion that the danger of the tabling motion is that Council would be making its decision based on the Labour Council's response, and that, because under the Police Act, Council has turned the direction and policy of the Police Force over to the Board of Police Commissioners and the Board is to act in Council's place, any problems Council has with policing should be between Council and the Board of Police Commissioners; and that, in his opinion, Council has not exhausted that route if it has concerns; that is, what is the Board of Police Commissioners doing with respect to this policy question. Councillor Landers, the Mayor's designate to the Saint John Board of Police Commissioners, advised that the Board did receive an indication that the Labour Council would not like to meet with the Board but rather with the elected officials and that, having discussed with the City Solicitor the propriety of meeting with the Labour Council with the Police Commission present, it is her understanding that this would not be appropriate as the Commission is a separate entity from Common Council. Councillor Knibb expressed the opinion that basically it is the fundamental right of citizens to address Common Council and that Council should defeat the tabling motion and refine the original motion with respect to whether a meeting with the Labour Council should be held in Committee of the Whole and instruct the Labour Council to provide a prepared statement as to the reason for the request to meet with Council in accordance with the Council Procedure By-Law; and Councillor Davis made the observation that he could understand if a group, after having asked to meet with Council and been directed to the Police Commission, met with and was dissatisfied with the meeting with the Commission and still wanted to meet with Council; however, in this case, the Labour Council totally refused to meet with the Commission; therefore, the Labour Council should be told that there is a proper procedure to be followed by it as by any other group. Councillor Coughlan withdrew as mover of the proposed tabling motion in view of the City Solicitor's comments whereupon the Mayor called for the question on the original motion. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Davis, Flewwelling, Landers and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mrs. Joan Parfitt of 118 Orange Street referring to her attendance at a recent meeting of North End residents, including landlords, the Minister of Housing, and representatives of the New Brunswick Housing Corporation and the City during which time plans were made to form an association which she finds confusing in that there are so many housing groups, such as Non-Profit, New Direction, Co-Operative, Rehabitat, etc.; and advising that, as she feels the City has reached the saturation point now when both private and public housing have empty apartments, she cannot see in-fill housing -- be referred to the City Manager. Councillor Knibb's original motion was to receive and file the above letter and he agreed to change same to that above as a result of Councillor Flewwelling's suggestion that, in view of parking problems in the South End, the matter of in-fill housing referred to in the above letter could be reviewed by staff. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the correspondence from the Liquor Licensing Board informing Council of its receipt of Notices of Intention to Apply for a License, listing the location, from Mr. Roy J. Callahan and 047191 N.B. Ltd. -- be received and filed. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". adjourned. 82-357 COMMON COUNCIL APRIL 23, 1990 On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk