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1990-05-28_Minutes 82-413 COMMON COUNCIL MAY 28,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of May, 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; J. Brown, Assistant City Manager - Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; W. Butler, Director of Water and Sewerage Services; D. O'Leary, Director of Economic Development; D. Sherwood, Chief of Police; A. Martin, Assistant Deputy Chief of Police; R. Johnston, Deputy Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; D. Grant, Forester; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. Her Worship the Mayor proclaimed June 3 to 9 to be Transportation Week in the City of Saint John. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that minutes of the meeting of Common Council, held on Tuesday, May 22, 1990, be approved. Councillor A. Vincent referred to the motion adopted at the last meeting with respect to the judicial review of the Gamblin Arbitration Award and asked for a complete review of the costs associated with the Arbitration and why there are still two employees in the subject position. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Rogers entered the meeting.) Chief Sherwood presented to Council Special Constable PADAC, a remote-controlled bear, to assist the Saint John Police Force in the Crime Prevention field; explained that the new rank was created in agreement with the Executive of the Saint John Policemen's Protective Association and, as funds were not available in the 1990 budget to accommodate this position at a cost in excess of $12,000, a project was launched to secure a sponsor, as was the case with the Crime Prevention van valued at over $20,000 which was sponsored by the Saint John Lions Club, and that the Telephone Pioneers of America immediately responded to the request for assistance by approving the necessary funding; and advised that, having held a "Name- The-Bear" contest within the grade 4 classes of Saint John schools, George Eleftheriou, a ten-year old student of Prince Charles School, was the winner with his name, PADAC, which is short for People Against Drugs and Crime. Chief Sherwood introduced George Eleftheriou, his parents, and members of the Telephone Pioneers of America, and expressed appreciation on behalf of the Saint John Police Force to the Saint John Lions Club and Telephone Pioneers of America for their support to the Saint John Police Force. The Mayor and Chief Sherwood presented a plaque to Master Eleftheriou for naming Special Constable PADAC; and Constable John Richardson, President of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., addressed Council and, having thanked the Saint John Lions Club and Telephone Pioneers for their 82-414 COMMON COUNCIL MAY 28,1990 assistance, expressed the intent of Local No. 61 to work with the Chief and senior management staff to ensure the success of this Crime Prevention program. Her Worship the Mayor proclaimed May 30 to be Participaction Challenge Day in the City of Saint John; and Councillor M. Vincent commented on the Silent Walk which was held on May 29 at Fisher Lakes. (Deputy Mayor Gould entered the meeting.) Councillor Rogers expressed condolences to former Councillor Peter Murray and the family of the late Mr. F. Gordon Murray, who passed away on May 24. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Gordon Murray. 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 invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt May 17-22,1990 $7,648.17 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Arrow Construction Products Ltd. be accepted for supplying 130 metres of rubber expansion joint seal, together with the necessary adhesive and tools for installation, at a cost of $20,792, plus tax. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the report from the City Manager submitting a copy of the City's tendering procedures for purchase of services, a copy of the City Manager's previous reports to Council, dated August 4, 1983 and January 8, 1987 concerning local preference purchasing, sub-contracting and other tendering practices, and a copy of a recent decision of the British Columbia Court of appeal on a question of local preference; referring to comments at the last Council meeting with respect to a 5% local preference policy and noting that there is no reference to a local preference policy in the submitted tendering procedures which were adopted by Council in the early 1970s; and commenting on the effect that a local preference purchasing policy could have on the City -- be received and filed. During discussion Councillor Davis suggested that, while the lowest price appears to be the issue when it comes to awarding tenders, Council should be concerned with the lowest cost on the basis that, during consideration at the last meeting of awarding to the local tenderer the motorized equipment tender for plows, there was also the question of a later delivery time resulting in the need to keep and repair the old stock thereby representing a cost to the City; therefore, while two bids could be identical or the local bid could be much lower than another, consideration should be given to whether or not awarding to the local bidder would result in additional 82-415 COMMON COUNCIL MAY 28,1990 costs to the City. Question being taken, the motion was carried. Read a report from the City Manager referring to the Planning Advisory Committee's report to Council on March 12 for the public hearing of the re-zoning of 1260 Manawagonish Road which included a recommendation, on which Council did not act, for approval of a subdivision plan and the acceptance of money in lieu of land for public purposes; advising that, before lots can be sold, a subdivision plan must be filed in the Registry Office and this plan cannot be approved by the Development Officer until it has been assented to by Council, money has been paid in lieu of land for public purposes, a subdivision agreement with required financial security is in place, and the water and sewer mains have been installed and, as well, the access constructed to the satisfaction of the Chief City Engineer; and also advising that the Developer is prepared to enter into a subdivision agreement with the City and it is now necessary for Council to authorize the execution of such an agreement to ensure provision of the required services. The report further advises that the amount required to be posted as security to guarantee satisfactory completion is $33,500 for servicing and site development, and that the City will provide cost sharing for piping materials in accordance with the Subdivision By-Law; and recommends that Council act upon the Planning Advisory Committee's recommendations, and also recommends that Council authorize the preparation and execution of the subdivision agreement in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, (1) assent be given to a subdivision plan with regard to the Manford M. Thompson Construction Company Limited subdivision at 1260 Manawagonish Road in accordance with the submitted tentative plan which will include municipal and public utility service easements; and (2) the sum of $6,000 be accepted as money in lieu of land for public purposes with respect to this subdivision: AND FURTHER that as recommended by the City Manager, Council authorize the preparation and execution of the subdivision agreement for 1260 Manawagonish Road to include security in the amount of $33,500 to ensure provision of the necessary services. Question being taken, the motion was carried. Read a letter from the City Manager advising that, with regard to the Planning Advisory Committee's recommendation concerning the Blanchard Homes (1983) Ltd. subdivision on Bon Accord Drive which was tabled at Council's last meeting so that Council could visit the site, a site visit occurred at noon on May 24 at which time it was explained that Council accepted the land for public purposes on MacNaughton Avenue in 1988, and also that this site abuts the hydro corridor and will, in future, be a natural park; and recommending that Council approve the Planning Advisory Committee's recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above-mentioned Planning Advisory Committee recommendation be taken from the table: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council approve the conveyance of the land for public purposes in Phase 3 of the Blanchard Homes (1983) Ltd. subdivision on Bon Accord Drive, as illustrated on the submitted photocopy reduction, to Blanchard Homes (1983) Ltd. upon filing of the Phase 4 subdivision plan in the Registry Office. Councillor A. Vincent asked that consideration be given to a policy of accepting money in lieu of land for public purposes. Question being taken, the motion was carried. 82-416 COMMON COUNCIL MAY 28,1990 On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that staff be requested to review the policy concerning land for public purposes to determine if it can be improved, and report to Council. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's May 7 request for a report and recommendation with regard to the Blair Construction Ltd. property at 152-156 Westmorland Road, the Building and Technical Services Department will enforce any standards which Council may prescribe and that, while this is not an opportunity to change a decision made some twenty-five years ago with respect to the use of the property, it is an appropriate time to take measures which will make the existing site more compatible with the area in which it is located; also advising that the City cannot take action to prohibit the construction contracting business, unless as described later herein, under Section 41 (3), the owner does not comply with standards Council may impose; and commenting on the appearance of and uses on the site which have expanded within the past year to include the retailing of prefabricated buildings and at least one automobile and, as well, auto body repair work has been undertaken in the existing garage, a building primarily used for the maintenance of vehicles and equipment used by Blair Construction and that these uses do not have legal status. The report quotes from Section 41 of the Planning Act which, if it is the wish of Council to improve the site's condition, provides for certain measures to be taken; states that, if it is the wish of Common Council to improve the way the site is operated, standards can be prescribed and enforced so that this non-conforming use is maintained and kept in a condition that is more appropriate to the residential area in which it is located, and explains the legislative process to implement the standards and lists standards which would improve the compatibility of the site with the abutting residential neighbourhood. The report further explains that the Planning Advisory Committee generally has a mandate to make recommendations on issues of land use, although the Committee has not dealt with the prescription of standards to the subject site, and that, while not required by law, a process has been used for the prescription of standards which includes the Committee to review and recommend to Council certain standards, with public input gained as a normal course of events during this process; and recommends that, while not required by legislation, (a) the matter of prescribing standards be referred to the Planning Advisory Committee for a recommendation on what standards should be prescribed to the subject site; and (b) upon receipt of a recommendation from the Committee, Council may prescribe standards giving the owner written notice of such standards. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, (a) the matter of prescribing standards with respect to the Blair Construction Ltd. property at 152-156 Westmorland Road be referred to the Planning Advisory Committee for a recommendation on which standards should be prescribed to the subject site; and (b) upon receipt of a recommendation from the Committee, Council may prescribe standards giving the owner written notice of such standards. Mr. Bedford explained that, while at the present time any law enforcement would be with respect to the unsightly premises issue, the process recommended is over and above the unsightly premises procedure and, once in place, the standards would control more rigorously the manner in which the site operates and, without the process, the City is operating under the existing Zoning By-Law and laws in place; and Mr. Johnson advised that the process recommended relates only to the issues which have been long-accepted, non-conforming uses of the property and that staff has been and will continue dealing with the property owner concerning violations of the Zoning By-Law irrespective of the above report. Question being taken, the motion was carried. 82-417 COMMON COUNCIL MAY 28,1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, further to the April 9 presentation by the 1990 UNB Forest Resources Class of a Forest Management Plan for City-owned land in the Loch Lomond watershed, Mr. Douglas Grant, who was hired on May 7 to implement this project, has been advised that the City is designated as a private woodlot owner, eligible for subsidies under the Canada/New Brunswick Cooperation Agreement on Forest Development and that, in order to take advantage of the subsidy program, the City must make application through the Marketing Board; also advising that staff has identified that the major forest activity for 1990 should be pre-commercial thinning, which is the removal of trees from young stands in order to reduce the effect of competition, thus increasing the growth rate of remaining trees, with the objection in 1990 being to carry out thinning on approximately 150 acres, and that the two areas identified for thinning are the western end of the First Loch Lomond and the southern shore of Robertson Lake; commenting on the two alternatives for carrying out a thinning operation, one alternative being to prepare detailed specifications and call tenders for the work, the other alternative being to request the Southern New Brunswick Marketing Board to select a qualified contractor to carry out the work at established Marketing Board rates, the latter being the normal procedure for the Board and most subsidy projects are carried out in this manner, although in either alternative the City is eligible for subsidy funds; further advising that the estimated net cost to the City of thinning using Marketing Board contractor are as follows:- 50 acres - $750, 100 acres - $1,500, and 150 acres - $2,250; and recommending that Council authorize the City Manager to apply for subsidies available through the Canada/New Brunswick Cooperative Agreement on Forest Development for silviculture activities within the Loch Lomond Watershed, the application to be in the form of a purchase order issued to the Southern New Brunswick Marketing Board -- be received and filed and the recommendation adopted. Councillor Davis, a member of Fundy SWAT, advised that Mr. Anderson of the Department of the Environment addressed the group on the Clean Water Act and expressed an opinion on what should be done with the forests which is not quite the same as that indicated in the above report which seems to favour increasing the growth rate of the trees and thinning out the woods; and Mr. MacKinnon expressed the understanding that the recommended application involves thinning of the watershed, which is not a typical forestry operation, and further that Mr. Butler indicates that this procedure will comply with the proposed regulations of the watershed designation document and that work of a forestry thinning nature in this instance is conducive to retaining good potable water in the watershed. Councillor Flewwelling asked if there would be any market value of the trees to be thinned to which Mr. Butler replied that trees to be thinned are only two to three years old and are basically twigs and therefore are not marketable. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager in response to Council's August 28, 1989 request for a review of the conditions and standards relating to mobile home and/or mini homes and recommend any changes; advising that it does not appear necessary to make any changes to the conditions and standards in the Zoning By-Law relating to the placement of a mobile home, which are intended to make the mobile home compatible in its appearance with other residential buildings in the same zone, although both homeowners and mobile homeowners in the Latimer Lake area agreed that the standard relating to the minimum ground floor area of at least 55 square metres (592 square feet) could be raised to 65 square metres (700 square feet) as many mobile homeowners are now changing over to mini-homes, which are substantially larger, and that this could ensure that future mobile homes will be comparable in size to conventional houses which require a minimum ground floor area of 74 square metres (796 square feet); also advising that the proposed change will affect all areas zoned to permit mobile homes and to effect 82-418 COMMON COUNCIL MAY 28,1990 the change it is necessary for Council to set a date for a public hearing and seek the written views of the Planning Advisory Committee; and recommending that (1) the Zoning By-Law be amended by substituting the figures "65" for "55" in Section 111 (2)(a)(i) and 721 (2)(a)(i); (2) Council refer this proposed amendment to the Planning Advisory Committee for its written views; and (3) that Council set July 23, 1990 as the date for the public hearing -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a copy of his previous report to Council in Committee of the Whole on April 30 with regard to the cost sharing for the Arseneau Subdivision at 118 Dedication Street to the degree presently provided in the Subdivision By-Law for residential subdivisions, estimated to be $43,000; recommending that, because the City Solicitor has advised that the City's Subdivision By-Law permits cost sharing only in subdivisions where the development is for residential purposes and as the Arseneau Subdivision is not residential but is instead a commercial development, S. 25.1 (1) of the Subdivision By- Law be amended by deleting the reference to the word "only" after the word "occur" in the fifth line and that the word "solely" be deleted from S. 25.1 (1 )(a), which will allow the City, under its general powers, to enter into a cost-sharing arrangement with a developer for development similar to that proposed for the Arseneau Subdivision; and advising that a more detailed policy will be prepared for Council regarding industrial development; and submitting the appropriate amendment to the Subdivision By-Law, prepared by the City Solicitor, which before enactment requires Council to obtain the views of the Planning Advisory Committee; however, if Council so wishes, it is in order for first reading to be given at this meeting as no public hearing is required. Consideration was also given to a letter from Saint John Industrial Parks Ltd. advising that the Board of Directors at its May 23 meeting discussed City of Saint John cost sharing of municipal services for industrially-zoned property owned by Mr. Robert Arseneau neighbouring the Grandview Industrial Park, and adopted a motion agreeing with and supporting a City of Saint John decision of cost sharing for the industrial subdivision development owned by Mr. Robert Arseneau; also advising that, in addition, the Board reviewed a proposed policy change to the City of Saint John Subdivision By-Law, which is being recommended by the City Manager to Council, and, if accepted by Council, cost sharing of industrial and commercial development will be permitted on an interim basis until a comprehensive policy is provided by staff. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Subdivision By-Law of the City of Saint John be read a first time. With regard to Councillor Rogers' concern that a precedent could be set by providing direct cost sharing to a commercial industry for a site when the City has vacant industrial sites available and that it might be more economically viable for the City to promote its own industrial parks rather than cost share with a private entrepreneur, the Mayor made the observation that Council is dealing with only one property at this time and that it is the City Manager's intent to submit to Council in the near future a recommendation for a policy in this regard, and further that Council is dealing at this time with an application which makes the matter viable for Council's consideration. Councillor A. Vincent, President of Saint John Industrial Parks Ltd., advised that the above proposal is recommended by the Company as the best solution to the situation. Question being taken, the motion was carried. Read a first time the by-law to amend the Subdivision By-Law of the City of Saint John. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the above matter be 82-419 COMMON COUNCIL MAY 28,1990 referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above letter from Saint John Industrial Parks Ltd. be received and referred to the Planning Advisory Committee. Question being taken, the motion was carried. The Mayor suggested that, with regard to the request to address Council at this meeting prior to third readings of the proposed Municipal Plan and Zoning By- Law amendments with regard to the Ashburn Road property, Council should table third readings of the by-law amendments and request the persons concerned to appear before Council at a 7:00 o'clock p.m. meeting in accordance with the procedure for presentations to Council. (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-205 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning ten parcels of land at 537, 538, 559, 564, 571, 581, 584, 596 and 589 Green Head Road (L.R.I.S. Numbers 405928,406652, 405936,469734,407718,407825,406868,406983,407072 and 406751), from "R-1B" One-Family Residential and "RS-2" One- and Two-Family Suburban Residential to "R- 2" One- and Two-Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-205 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Consideration was given to third readings of the proposed Municipal Plan and Zoning By-Law amendments regarding property on Ashburn Road, which were given first and second readings at Council's last meeting. Consideration was also given to correspondence from Mr. John A. Henheffer, solicitor for Mr. Delphis Ferguson, advising that, although at all times it was the intention of Mr. Ferguson to appear before Council to address his concerns to the proposed application for re-zoning of property at 170 Ashburn Road, it has now come to his attention that the recommendations of the Planning Advisory Committee were adopted by Council on May 22 and first and second readings were given at that time; explaining why he was left with the impression, based on his May 14 letter, that he would be advised when this matter was to be before Council; and requesting, as Mr. Ferguson has grave concerns about the proposed re-zoning, to be permitted an opportunity to address Council on Mr. Ferguson's behalf at this meeting prior to third reading so that all parties may be ensured that their respective interests have been considered despite procedural requirements. Councillor Knibb noted that he was not present at the public hearing of the proposed Municipal Plan and Zoning By-Law amendments with respect to the Ashburn Road property. (Councillor Knibb withdrew from the meeting.) 82-420 COMMON COUNCIL MAY 28,1990 On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table. Deputy Mayor Gould clarified that the above matter is being tabled for the reason as indicated by the Mayor above in that a request has been received to address the matter prior to third reading and that, depending on whether or not the matter is tabled, Council will deal with the specific request. Question being taken, the tabling motion was carried with Councillors Fitzpatrick and A. Vincent voting "nay". (The Mayor re-entered the meeting and reassumed the chair.) (Councillor Knibb re-entered the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, May 22, 1990, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That the request of the Artistic Director of Theatre New Brunswick for the City to pay the cost of $3,750, or a portion thereof, of TNB's theatre rental per season at Saint John High School, be denied. 2. That as recommended by the City Manager, the City acquire 60 square metres of land on Red Head Road from Peter and Wilhelmine Scholten for a price of $500, the land to be acquired being shown as Part "A" on a subdivision plan entitled Peter and Wilhelmine Scholten subdivision prepared by Fulton Surveys Ltd. and dated March 5, 1990. 3. That as recommended by the City Manager, the lease of Bays 32-35, inclusive, in Shed 13, be renewed with the Saint John Port Corporation for a one-year period commencing August 1, 1990 at a rental of $10,685 per year payable in quarterly installments in advance of $2,671.25. May 28, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Councillor Knibb, in proposing the above motion, made the observation that Theatre New Brunswick has its headquarters in Fredericton and derives revenue from its performances in Saint John. Question being taken, the motion was carried. 82-421 COMMON COUNCIL MAY 28,1990 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. (Rescinded June 18, 1990 Bk. 82 pg. 443 ) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that the letter from the District Manager of the Canadian Coast Guard addressing the concerns and questions raised by Common Council in its resolution of April 30, 1990 regarding the destaffing of Gannet Rock Lightstation; advising that the system has been operating satisfactorily since its installation, with the reliability of the equipment considered to be in excess of 95%; also advising that destaffing of Gannet Rock should not present any increased risk to vessels navigating in the area nor will the safety of vessels at sea and environmental protection concerns be jeopardized in any way by destaffing the station and, while no guarantees can be provided as mentioned in the Council resolution, no one can provide guarantees; however, the Coast Guard is confident that all concerns have been addressed and safe navigation systems will continue to be provided to the mariner --be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the letter from Jean B. Francis submitting a newspaper excerpt regarding fluoridation -- be received and filed. Councillor Coughlan asked why the above letter is included on the agenda of Council while other items concerning fluoridation are included in the Council information items for this meeting to which Mrs. Munford made the observation that the above letter is addressed to the Mayor and Councillors, while the items forwarded to Council for information are not so addressed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the letter from Mr. John A. Henheffer, solicitor for Mr. Delphis Ferguson, requesting to address Council prior to third reading of the proposed Zoning By-Law concerning property at 170 Ashburn Road -- be received and filed and Mr. Henheffer be advised that he may address Council at the next 7:00 o'clock p.m. meeting, which is scheduled for June 11, 1990. Question being taken, the motion was carried. On motion of Councillor Rogers 82-422 COMMON COUNCIL MAY 28,1990 Seconded by Councillor Coughlan RESOLVED that the letter from the Fundy Solid Waste Action Team (Fundy SWAT) submitting information regarding recycling opportunities for used motor oil in Greater Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Mr. Roy J. Callahan for a lounge and entertainment license for premises at 122 Prince William Street will be held on June 7 -- be received and filed. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". The Mayor advised that the City Manager has requested that his reports concerning City Hall parking garage repairs, the sale of land on Broad and Britain Streets, and land exchanges with CNR, which were on the Committee of the Whole agenda of this date, be considered at this meeting. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above- mentioned reports be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Read a report from the City Manager advising that the entire repair work at the City Hall parking garage is now completed to the consultants' satisfaction and it is in order to release the final payment as explained herein; and recommending approval of the final payment of $6,226.93. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, final payment of $6,226.93 be approved and paid to Revenue Properties Ltd. with respect to City Hall parking garage repairs. Upon the Mayor's suggestion that the final payment should be subject to the parking garage and signs being cleaned, Mr. Todd advised that signage and lineage in the parking garage are the City's responsibilities and that he will look into the matter of debris removal from the parking garage. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's approval of the sale to Rehabitat Inc. of land on Broad and Britain Streets for development of four housing units, the mortgage company will not advance any funds unless the City removes its option to permit reacquisition of the property for the purchase price if the land is not developed within one year of the date of sale, such option being in conformity with City policy, and that the mortgage company is prepared to advance funds if a clause is added confirming that the City would pay the value of improvements over and beyond the purchase price; explaining that the purpose of obtaining a repurchase option is to assure that land sold by the City is developed within a reasonable time and is not held for future increases in value and that, if the suggestion of the mortgage company was accepted, the City would be in a position that, if the option was ever exercised, the cost could be considerably higher than the original purchase price; suggesting that, since the purpose of selling the land, i.e. development of the site, has progressed to the point that the buildings are under construction, the repurchase option is no longer required; and submitting a 82-423 COMMON COUNCIL MAY 28,1990 recommendation in this regard. On motion of Councillor M. Vincent Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, a Quit Claim Deed be given to remove the repurchase option from the properties on Broad and Britain Streets that were sold to Rehabitat Inc. on March 30, 1990. Mr. Todd, in response to Deputy Mayor Gould, confirmed that the City is not agreeing to the mortgage company's request for a clause confirming that the City would pay the value of improvements over and beyond the purchase price. Question being taken, the motion was carried. Read a report from the City Manager advising that, although the two Common Council resolutions dealing with land exchanges taking place with the C.N.R. mention that the land will be conveyed to C.N.R., the City has been advised that this is not correct and the land should be transferred to Her Majesty The Queen in Right of Canada, Her Heirs and Successors, and also that the solicitor for the Railway has requested that the dimensions mentioned be changed from imperial to metric and the lot numbers be changed to reflect the subdivision plan in the Hilyard Street exchange, and further that the Legal Department has advised that the changes should be made; and recommending that the Common Council resolutions in question be amended accordingly. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Section 3 of Common Council resolution of May 21,1985 dealing with a land exchange required for the extension of Hilyard Street, be rescinded and replaced with the following: (3)(a) that Parcels Band F on a subdivision plan entitled City of Saint John and Canadian Government Railways Subdivision dated May 24, 1989 and included as Plan 1 with this report comprising 1717 sq.m. be acquired from Her Majesty The Queen in Right of Canada, Her Heirs and Successors. (b) that Part "X" on the above-noted plan with an area of 83 sq.m. be transferred to Her Majesty The Queen in Right of Canada, Her Heirs and Successors. (c) that Parcel "D" with an area of 553 sq.m.; Parcel "X" with an area of 1070 sq.m.; Part "C" with an area of 90 sq.m. and Part "A" with an area of 130 sq.m. as shown on a plan entitled Subdivision Plan the City of Saint John and Canadian Government Railway and Canadian Pacific Limited Subdivision dated May 16, 1986 and included as Plan 2 with this report be transferred to Her Majesty The Queen in Right of Canada, Her Heirs and Successors. (d) that the Municipal Services Easement shown on the plan dated May 16, 1986 be reserved to the City. (2) that Common Council resolution of February 3, 1989 extending the date for finalizing the land exchange involving the Water Street, Station Street and Millidge Avenue properties be rescinded; and (3) that Common Council resolution of December 5, 1988 dealing with a land exchange between the C.N.R. and the City be amended as follows: 82-424 COMMON COUNCIL MAY 28,1990 3.1 that Section 2.4 be amended to read Her Majesty The Queen in Right of Canada, Her Heirs and Successors acquiring Lot 89-1 (9058 sq.m.) and Lot 89- 2 (2.69 ha) on a Subdivision Plan entitled The City of Saint John Subdivision Millidge Avenue dated February 13, 1989 at an agreed value of $483,000. 3.2 that Section 2.5 be amended by replacing C.N.R. with Her Majesty The Queen in Right of Canada, Her Heirs and Successors. 3.3 that Section 3 be amended to read the exchange be completed as quickly as possible. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk