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1990-11-13_Minutes 82-633 COMMON COUNCIL NOVEMBER 13, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the thirteenth day of November, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Galbraith, Director of Supply and Services; J. Brownell, Director of Recreation; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; J. Baird, Manager, Development Division, Planning; Mrs. M. Chaperlin, Planning; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Cowan of Main Street Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on November 5, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Messrs. M. Foster and D. McQuinn of Saint John and Western District Crime Stoppers who addressed Council concerning the Crime Stoppers organization and presented to the Mayor a plaque in appreciation of the City of Saint John's support to Crime Stoppers. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that a resolution concerning the Mercantile Centre (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the Section 39 conditions relative to the proposal as adopted on July 3, 1973, for an approximately 79,000 square foot parcel of land located on the northeast corner of Chesley Drive and Bentley Street, being part of L.R.I.S. Number 426155, to permit the development of an office building of approximately 32,000 square feet in two phases, as requested by Brunswick Data Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) pursuant to Section 39 of the Community Planning Act, the proposal adopted on July 3, 1973 for the subject parcel of land being approximately 79,000 square feet located on the northeast corner of Chesley Drive and Bentley Street and being part of L.R.I.S. Number 426155, be amended to permit the 82-634 COMMON COUNCIL NOVEMBER 13, 1990 proposed development of an office building containing approximately 32,000 square feet in two phases on the condition that: (a) the proposal be developed as detailed on site and planting plans to be approved by the Development Officer; (b) the applicant grant an easement over land to be used as the access from Chesley Drive to the owner or successors and assigns of the adjoining parcel of land to the north of the subject site and identified as part of L.R.I.S. Number 426155 and L.R.I.S. Number 369223, terms of this agreement to be negotiated with the City; and (c) the signage be limited to that proposed; and (2) Common Council assent to the submitted subdivision plan indicating that Chesley Drive and Bentley Streets are public streets. Mr. Peter Glennie, solicitor for Brunswick Data Inc., appeared in favour of the above amendment and, having commented on the operation of Brunswick Data Inc. in the computer software business and the type of development proposed for the subject site estimated at $1.2 million for phase 1 and $2.2 million for phase 2, confirmed that the applicant agrees with the conditions recommended by the Planning Advisory Committee, and asked Council's approval of the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, pursuant to Section 39 of the Community Planning Act, the proposal adopted on July 3, 1973 for the subject parcel of land being approximately 79,000 square feet located on the northeast corner of Chesley Drive and Bentley Street and being part of L.R.I.S. Number 426155, be amended to permit the proposed development of an office building containing approximately 32,000 square feet in two phases on the condition that: (a) the proposal be developed as detailed on site and planting plans to be approved by the Development Officer; (b) the applicant grant an easement over land to be used as the access from Chesley Drive to the owner or successors and assigns of the adjoining parcel of land to the north of the subject site and identified as part of L.R.I.S. Number 426155 and L.R.I.S. Number 369223, terms of this agreement to be negotiated with the City; and (c) the signage be limited to that proposed: AND FURTHER that as recommended by the Planning Advisory Committee, Common Council assent to the submitted subdivision plan indicating that Chesley Drive and Bentley Street are public streets. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above matter be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, three parcels of land at 551,565 and 567 Rothesay Avenue (L.R.I.S. Numbers 304576,304584 and 306118), located on the western side of Rothesay Avenue presently occupied by MacKnight Motors Limited, to place the properties in an "1-2" Heavy Industrial zoning classification in which the existing auto repair and recycling of auto parts business is a permitted use, as requested by MacKnight Motors Limited. Mr. Bedford confirmed that the above application has not been before Council within the past twelve months and that it is in order for Council to process same. The Common Clerk advised that the necessary advertising was completed with respect to the proposed Street Closing By-Law amendment to close a reserved road on the corner of Bentley Street and Chesley Drive, and that no written objections were received in this regard. No person was present to speak either in opposition to or in favour of the proposed amendment. 82-635 COMMON COUNCIL NOVEMBER 13, 1990 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", 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 The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the detailed conceptual proposal submitted by 040705 N.B. Inc. on November 13, 1990, for an office building to be known as the "Mercantile Centre" is desirable to the City subject to necessary municipal by-law amendments. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from M. Miller of Acamac regarding further development of the Reversing Falls and Fort Howe areas -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Roland Beaulieu, Minister of Tourism, Recreation & Heritage, advising that the submitted copy of a travel article on New Brunswick, which appeared in the Boston Globe newspaper, would, if purchased as an advertisement, be valued at approximately $30,000 and it is just the beginning of what is hoped to be received from the writers who attended the Society of American Travel Writers Convention which was rated as one of the best ever in the history of the SA TW convention; and noting other coverage planned of which the Province has been notified -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting for Council's consideration a proposed schedule of Common Council 82-636 COMMON COUNCIL NOVEMBER 13, 1990 meetings to the end of January 1991; proposing that, to comply with the requirement for Council to meet every two weeks, a regular meeting be held on Thursday, December 27 at 4:00 p.m., and suggesting that no Committee of the Whole meeting be held at that time -- be received and filed and the schedule be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited October 24-30, 1990 $52,579.92 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 89-15 - Glenwood Park Subdivision Lift Station BuildinQ Pro-Woodworking Enterprises Ltd. Original estimated value of contract Total work done, Estimate Number 4 (final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated November 1, 1990 Final holdback release $34,803.00 36,200.55 Nil 30,770.55 $ 5,430.00 Question being taken, the motion was carried. Read a letter from the City Manager advising of a request from Mr. Brian W. Mosher, solicitor for Barbara Carpenter, for an easement permitting the encroachments of his client's building and appurtenances thereto at 100 Carpenter Place upon Carpenter Place, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Barbara Carpenter to permit the encroachments of her building and the appurtenances thereto upon Carpenter Place, such easement to terminate with the destruction or removal of such encroachments. Question being taken, the motion was carried. Read a letter from the City Manager advising of a request from Mr. J. C. Marc Richard, solicitor for William Sutterfield, for an easement permitting the encroachment of his client's building at 110-112 Mecklenburg Street upon Mecklenburg Street, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of William Sutterfield to permit the encroachment 82-637 COMMON COUNCIL NOVEMBER 13, 1990 of his building upon Mecklenburg Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Common Council resolution of May 7, 1990 relative to the option of RGL Developments Ltd. to lease/purchase the so-called George Street site, application was made recently for an amendment to the Zoning By-Law relative to the subject site including lands presently occupied by George Street which, as one of the conditions, the City is to undertake proceedings to advertise to close if the proposal submitted for development of the site is acceptable to the City, and that the application for re-zoning was subsequently withdrawn since the closing of George Street had not been dealt with; and explaining that, in order for the proceedings for the George Street closure to commence, the proposal of RGL for development has to be approved, and plans have been submitted for the project which are presently being reviewed and that this review will run concurrently with the Zoning By-Law amendment process and further that, in order to permit the proceedings to close George Street to commence sooner, it would be necessary for Council to agree to remove the requirement for the plans for the project to be approved. The report further advises that, with the information provided to date by the developer, it would appear that the developer is serious about proceeding with the project; therefore, taking the necessary steps at this point to close George Street, without having formally approved the proposal for the site, is not felt to unduly compromise the intent of the Council resolution of May 7, 1990; and recommends an amendment to the subject resolution. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of May 7, 1990, relative to the option of RGL Developments Ltd. to lease/purchase the so-called George Street site, be amended as follows:- Clause (4) - The City will undertake to begin proceedings to advertise to close George Street, with the City neither implicitly nor explicitly obligated to do so. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the report from the City Manager commenting on the policy whereby youth groups, who are users of City- owned arenas and athletic fields, operate the canteen concessions in these facilities, such policy having proven to be successful and, in the majority of instances, the canteens have been well operated and the public has received an acceptable level of service; advising that, since a commercial operation would find it extremely difficult to operate these canteens because of high operation costs, especially labour, and low traffic due to the user aspect of these locations, minor groups provide this service to the public, through volunteers, not otherwise viable; also advising that total revenue collected by the City for the canteens located at these locations is approximately $2,100 yearly, and that each year the canteen contracts are reviewed by staff and renegotiated with the youth groups if they express continuing interest in operating the canteens; further advising that, in 1990 as no interest by minor groups was shown in either the Stu Hurley or Shamrock Park canteens, these canteens were tendered through the normal tendering process by the City's Purchasing Department, with Mr. Fred Little having been successful in acquiring the concession rights; and recommending that the past practice with respect to the operation of canteens located at City-owned arenas and athletic fields, as outlined herein, be continued -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the 82-638 COMMON COUNCIL NOVEMBER 13, 1990 City Manager regarding a proposed Traffic By-Law amendment with respect to truck routes, which was submitted for second and third readings on November 5 and tabled at staff's request to allow on-going discussions with Baxter Foods Limited to be completed, and correspondence from Mrs. Marliene Trumbley and Mrs. Edgar Arsenault with respect to Rope Walk Road and Somerset Street which was referred to staff for consideration in regard to concerns expressed by these citizens with the possible effects in their particular areas; submitting a letter from Baxter Foods Limited following up on its meetings with the City concerning a proposal to address its concerns which would add the following streets to the proposed Schedule N of the Traffic By- Law:- (1) Adelaide Street - entire length; (2) Main Street - Adelaide Street to Wellesley Avenue; and (3) Visart Street - Adelaide Street to Wellesley Avenue, such proposal also satisfying Mrs. Trumbley and Mrs. Arsenault's concerns; suggesting that, while the proposed changes will not result in increased truck traffic in the area of the Arsenault property on Somerset Street, other areas of Somerset Street will have to absorb the previous traffic from Cranston Avenue; and recommending that the above-named streets be added to Schedule N of the Traffic By-Law and that this report be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER 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", 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". Mr. Peter Mcintyre, President of the Taxi Association of the City of Saint John, addressed Council concerning the Association's request for Council to approve (1) proposed changes to the Taxi By-Law pertaining to Schedule "C" - Zones and Fares, and proposed fare increases; (2) the implementation of a medallion system; (3) fare changes on January 1, 1990 to allow for the Goods and Services Tax to be included in all taxi fares; and (4) to add to the Taxi By-Law a clause to permit all fares to be doubled on December 31 (only) - New Years Eve 6:00 p.m. through to 6:00 a.m., in accordance with the previously-submitted brief. Mr. Mcintyre, having noted that he appeared before Council in 1985 for an increase in fares for the taxi industry and that since that time gasoline, insurance and maintenance costs have increased, advised the amounts of the proposed fare increases in the various taxi zones in the City and that, if Council accepts the idea of a medallion system, the Association would subsequently submit to Council for consideration a full proposal in this regard; noted the anticipated effect of the Goods and Services Tax, and commented on the request to double fares on New Years Eve based on the fact that the taxi industry operates 24-hours daily on a year-round basis and should be reimbursed on a double-time basis as is other industry which works overtime hours. Mr. Mcintyre confirmed that all eight of the taxi companies were involved in the above proposal, and he responded to Council queries on the matter of metered taxi fares, explaining that a formula cannot be found on which to base a fare in view of the manner in which the City is laid out in that it comprises approximately 103 square mile with the population and 80 per cent of the business being in approximately 10 square miles; with regard to a medallion system, explained that, as there are two types of persons involved in the taxi industry, being the stand owners who own and operate the business and the private owners who own the cars of which there are presently 303 registered in the City, a two-fold medallion system would involve the issuance of a medallion to each of the 8 current taxi stands based on a population of perhaps 200,000 which would effectively limit the number of stands in the City until the population base increased to 200,000, and this would allow each stand to operate a specific number of cars; and commented on matters with respect to the availability of smoke-free taxis on request, sole passenger occupancy in the current system, and the number of licensed taxi drivers and taxi cabs operating at one time. 82-639 COMMON COUNCIL NOVEMBER 13, 1990 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the presentation of Mr. Peter Mcintyre, President of the Taxi Association of the City of Saint John, be referred to the City Manager, the City Solicitor and the Chief of Police for a report to Council as soon as possible. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor advising that, further to Council's consideration on October 1 of a letter from Mr. Ralph Streb suggesting that the City consider developing a portion of Rockwood Park for residential housing and subsequent correspondence to Council in this regard, if the lands suggested for development are lands which are trust lands of the Saint John Horticultural Association, an amendment to the Saint John Horticultural Association Act of 1893 has to be obtained from the Provincial Legislature, and that, if Council is desirous of pursuing this matter, Council should ask the City Manager and appropriate staff to identify the lands and, depending on the location of the lands, discuss the matter further with the Association; referring to the letter considered by Council on November 5 from the Horticultural Association appointing five members to the Rockwood Park Advisory Board, and suggesting that Council should, as soon as possible, appoint another five members to the Board to comply with section 9(1)(c) of the 1967 agreement, the Board's duties being set out in Section 10 of the submitted agreement -- be received and referred to the City Manager who is preparing a report for Council. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with respect to parking on Belmont Street, first and second readings having been given on November 5. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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", be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", was read in its entirety. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with respect to parking on Metcalf Street, first and second readings having been given on November 5. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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", be read a third time and enacted and the Corporate Common Seal be affixed thereto. 82-640 COMMON COUNCIL NOVEMBER 13, 1990 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", was read in its entirety. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with respect to parking on Summer Street, first and second readings having been given on November 5. On motion of Councillor Knibb Seconded by Councillor Davis 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", be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", was read in its entirety. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting as he was not present for the public hearing with respect to the proposed re-zoning of 183 Range Road.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-218 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 183 Range Road (L. RI.S. Number 55071047), containing approximately 1.25 acres on the southeasterly side of Range Road, approximately 2,000 feet from the St. Martins Road intersection, from "P" Park to "RFM" Rural Mobile Home 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. 100-218 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. 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 August 20, 1900, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, the following persons be appointed to the Fort LaTour Development Authority for a term of three years: David Goss, Patricia Darrah-MacFarlane, Fred Fuller and Barbara Cornel is. Tuesday, November 13, 1990 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne Chairman 82-641 COMMON COUNCIL NOVEMBER 13, 1990 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. In response to Councillor Fitzpatrick, Mrs. Munford confirmed that the above nominees are residents of the City. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. 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 November 5, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb and Rogers, and your Committee submits the following recommendations, namely:- 1. That with regard to the request of the Lancaster Minor Hockey Association for a change in the start-up ice time, Council adopt the recommendation of the City Manager that the bill for start-up ice time for the Lancaster Minor Hockey Association be $2,300 as per the Recreation Department's recommendation. 2. That (1) the proposal of Ernst & Young at a fee of $53,700 be accepted to complete a study of the fire protection needs of District #2 and to recommend locations for stations within the District; and (2) the Mayor and Common Clerk be authorized to execute any contract documents necessary. 3. That as recommended by the City Manager, Mr. Ellis Levine of Re/Max Professionals be advised that the City is not interested in the acquisition of Archie Colpitts Ltd. property on Golden Grove Road at Mystery Lake. 4. That as recommended by the City Manager, Mr. David Morgan of River Valley Realty Ltd. be advised that the City is not interested in acquiring any portions of the Ryan property on Grandview Avenue at the present time. 5. That as recommended by the City Manager, Common Council approve the submitted Occupational Health & Safety Policy #430 "Accident Investigation and Reporting - Personal Injury Accidents and Near Misses". 6. That with regard to the request of the 1 st Grand Bay Pathfinder Unit for financial assistance for an educational trip to London, England, Council adopt the recommendation of the City Manager that a grant not be approved for the Unit given the submitted opinion of the City Solicitor that a grant should benefit the City as a whole. Tuesday, November 13, 1990, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with the Mayor voting 82-642 COMMON COUNCIL NOVEMBER 13, 1990 "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. During discussion Councillor Flewwelling expressed concern about the City paying such a high fee for a consultant, and also that staff, without Council having been informed, acted beyond the scope of Common Council resolution of April 9, 1990 in that consultants were to be hired to review locations on the West Side for #7 Fire Station, and further that he is still of the opinion that persons he recommended on June 11, for acceptance by the City Manager for reviewing costs in this regard, are qualified to do a study at a much lower cost; Councillor Fitzpatrick spoke in opposition to the above motion on the basis that #7 Station is continuing to deteriorate and Council has yet to make a decision and that he is still in favour of proceeding as previously recommended by the City Manager; the Mayor suggested that, with regard to obtaining public input, it would be necessary for the consultant to discuss the matter of a proper location for a fire station with persons having expertise, and concurred with Councillor Flewwelling's observation that staff went beyond the mandate of the April 9 Council resolution and that such matter should have been submitted to Council for approval, the latter to which Mr. Taylor replied that, in the process of evaluating the situation with respect to #7 Fire Station, staff discovered a concern with another major station in District #2 and that, based on his opinion that District #2 should be reviewed rather than address one situation now and the other situation within a few months, it was his direction to the committee that the needs of the entire #2 District should be determined, even though this would add to the cost; Deputy Mayor Gould questioned the propriety of engaging consultants from Ontario to study the situation in Saint John, particularly in that the bulk of the information will be derived from senior staff members; Mr. Todd explained that, as part of the terms of reference, part of the staff report was provided to all the consultants, with the intent of the consultants being to totally re-do the report which includes interviews with Fire Department staff and the public, and that one of the key components of the proposal is the ability to gain public input and that Ernst & Young outlined in its proposal the manner in which it would do so and has demonstrated a history of obtaining the public's consensus on locations for fire stations, and Mr. Taylor added that the steering committee, which will coordinate the input for a recommendation to Council, will be comprised of members of staff and the public. Question being taken, the motion was carried with the Mayor and Councillors Fitzpatrick, Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. Councillor Knibb noted that, as advised in Committee of the Whole, between 1985 and 1990 the number of reported accidents on the job by City staff had 82-643 COMMON COUNCIL NOVEMBER 13, 1990 almost doubled and that the City's workers' compensation costs now total over $800,000 a year. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the application of Diesel Power Services Ltd. for a Zoning By-Law text amendment and the rescinding of the Section 39 conditions of re-zoning of 660 Brown Street, which was tabled at the October 1 public hearing; submitting copies of the Planning staff report dated September 25, a Planning staff memorandum dated November 2, and three letters in opposition to the proposed amendment, which were considered by the Committee at its November 6 meeting at which the applicant and his solicitor were present; advising that, when questioned by the Committee as to the appropriateness of the proposed additional use, staff noted the proposed uses are a partial list of the permitted uses in the "I-L" Light Industrial zone and were determined as being of no greater impact than the uses already permitted on the subject property as approved by Council in 1988, and that all uses will be required to meet zone standards and not all uses will be conducted in the building at one time; also advising that a sideyard variance was granted by the Committee for a small addition to the side of the building which will accommodate washroom facilities; and recommending that the previous condition to prohibit outside storage not be changed and that (1) the application to amend the Zoning By-Law to establish a restaurant and beverage room, lounge and amusement place be denied; and (2) the application to rescind all Section 39 conditions be denied but that the list of uses permitted on the subject site be amended to include the following uses which are in addition to those currently permitted: - business office; - interior decorating studio; - artist's studio; - personal service shop (not to include a massage parlor); - beauty salon; - dry cleaning establishment; - printing service; - film exchange; - radio or television; - taxidermy shop; - library; - a licensed restaurant; - athletic or health club; - laboratory; - sash and door manufacture; - barber shop; - sign manufacture; - laundry agency; - photography; - tailor shop; - novelty & toy manufacture; - warehousing customarily served - by vehicles of 8 meters or less in length; - institutions of a religious philantrophic or charitable nature. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) the application of Diesel Power Services Ltd. to amend the Zoning By-Law to establish a restaurant and beverage room, lounge and amusement place at 660 Brown Street be denied; (2) the application to rescind all Section 39 conditions of re-zoning of 660 Brown Street be denied but that the list of uses permitted on the subject site be amended to include the following uses which are in addition to those currently permitted:- - business office; - interior decorating studio; - artist's studio; - personal service shop (not to - athletic or health club; - laboratory; - sash and door manufacture; - barber shop; 82-644 COMMON COUNCIL NOVEMBER 13, 1990 include a massage parlor); - beauty salon; - dry cleaning establishment; - printing service; - film exchange; - radio or television; - taxidermy shop; -library; - a licensed restaurant; - sign manufacture; - laundry agency; - photography; - tailor shop; - novelty & toy manufacture; - warehousing customarily served by vehicles of 8 meters or less in length; - institutions of a religious philantrophic or charitable nature. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Saint John Parking Commission submitting applications for text amendments to the Zoning By-Law to allow the Commission to develop the following properties into commercial parking lots in an "RM-1" zone: Crossroads Cathedral property at 43,47,49 and 55 Exmouth Street; Catholic Diocese property at 15-17, 23 and 25 Exmouth 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 January 7, 1991. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Roland Beaulieu, Minister of Tourism, Recreation and Heritage, acknowledging Common Council resolution of October 9 on the increased budget allowance for the Saint John Regional Library; and advising that the needs of the Library will be addressed through his Department's budget process and that his Department will endeavour to provide all regions of the public library system with adequate funding to provide library service to their respective residents -- be received and filed, and Council continue to support the Library in obtaining increased funds from the Provincial Government, and that Mrs. Eileen Travis be invited to meet with Council so that Council will be fully conversant with the situation for a subsequent meeting with the local MLAs in this regard. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Davis RESOLVED that the letter from the Federation of Canadian Municipalities requesting Council to appoint a person from the municipality to serve as a resource person for FCM's Standing Committee on Environmental Issues and to identify this person's area of expertise and level of availability for assistance to the Committee, and advising that, with the technical assistance of member municipalities, FCM will be better able to respond to a broader range of environmental issues -- be received and filed and Mr. J. Claude MacKinnon be appointed to serve on the Standing Committee. Question being taken, the motion was carried. Consideration was given to a letter from Jervis Bay (Memorial) Pipe Band requesting a grant to assist in a three-week overseas competition trip to Scotland in August 1991; and also to a letter from the said Pipe Band (copies of which were distributed to Council members at this meeting) advising that the sum requested is $2,500. On motion of Councillor Knibb 82-645 COMMON COUNCIL NOVEMBER 13, 1990 Seconded by Councillor M. Vincent RESOLVED that the letters from Jervis Bay (Memorial) Pipe Band requesting a grant to assist in a three-week overseas competition trip to Scotland in August 1991 -- be referred to Committee of the Whole for consideration. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Gyro Club of Saint John endorsing the Marco Polo project and recommending that all levels of government support this endeavour so that more Canadians, as well as Americans, will be attracted to Saint John to learn more about the City's historical heritage -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mr. Claude Copp requesting that the 1991 capital budget of the City reflect the much- needed improvements required for the Red Head Road -- be referred for consideration in the 1991 capital budget. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk