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1990-11-26_Minutes 82-655 COMMON COUNCIL NOVEMBER 26, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth 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, Rogers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, 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; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; W. Edwards, Acting Director of Works; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Baird, Manager, Development Division; J. Bezanson, Heritage Planner; D. Harvey, Superintendent of Sanitation; C. Cogswell, Deputy Chief of Police; R. Johnston, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Seth Crowell, semi-retired Baptist Minister, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on November 19, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor, having commented on the plans for the November 30 Christmas Tree Lighting Ceremony at Loyalist Plaza, welcomed to the Council Chamber, Shirley McAlary, President of the Saint John Central Business Development Corporation, who addressed Council concerning the Corporation's Christmas promotion plans for 1990, including the sponsorship by Irving Oil Company, the City of Saint John and the Corporation of, what is referred to as, Saint John's largest Christmas card which all citizens are invited to sign, following which the card will be forwarded to the members of the Canadian Armed Forces in the Persian Gulf. The Mayor noted that Council is in receipt of a letter from the City Manager (copies of which were forwarded to Council members as an information item on November 5) advising that the City is the recipient of two Best of Category Awards in the Canadian Marketing Awards Competition, having been presented at the 1990 Conference of the Industrial Developers Association of Canada, the Best of Category for both its community profile of cities with a population of 100,000 or less, and for its magazine advertisements of cities with a population of 100,000 or less, and commended City staff in this regard. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By-Law amendment to re-zone a lot located at 186-188 King Street East (L.R.I.S. Number 9837), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to permit the existing special care home for 19 people to continue, as requested by Patrick and Mary Mahoney, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending that the City of Saint John Zoning By-Law be amended by re-zoning a lot located at 186-188 King Street East, also having L.R.I.S. Number 9837, 82-656 COMMON COUNCIL NOVEMBER 26, 1990 from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licensed by the Province for up to 19 residents. On motion of Councillor Knibb Seconded by Councillor M. 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 located at 186-188 King Street East (L.R.I.S. Number 9837), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 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 Gould 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 located at 186-188 King Street East (L.R.I.S. Number 9837), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By-Law amendment to re-zone a lot located at 36 Coburg Street (L.R.I.S. Number 15453), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the existing building to be used for office and retail purposes, as requested by Rosamond I. Mooney, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the proposal to re-zone 36 Coburg Street (L.R.I.S. Number 15453), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be approved subject to a resolution pursuant to Section 39 requiring that: (a) the building facade not be altered, other than signage as approved by the Development Officer, in a manner which may change the size of windows, door openings and brick work not to include maintenance thereof; and (b) details of signage no larger than .2 square metres per business and be approved by the Development Officer. Mr. R. Hatfield, solicitor for Rosamond I. Mooney, appeared in support of the proposed re-zoning and advised that the applicant supports the Planning Advisory Committee's recommendations and has no difficulty with the conditions as proposed. 82-657 COMMON COUNCIL NOVEMBER 26, 1990 In response to Council queries, Mr. Hatfield expressed the understanding that, although the submitted Schedule "A" indicates that it is the intent for the third floor to be used as an office, Mr. Mooney, having met with the Building Inspector, found that the renovations required in order to allow him to move his business to the third floor would be excessive; therefore, it is the intent for the office to be in the basement of the building. On motion of Councillor Knibb Seconded by Councillor Flewwelling 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 located at 36 Coburg Street (L.R.I.S. Number 15453), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 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 Flewwelling 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 located at 36 Coburg Street (L.R.I.S. Number 15453), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, 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. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. 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 imposed by resolution of November 4, 1977, so as to permit the construction of an addition to the existing buildings at 400 Milford Road (L.R.I.S. Number 404665), as the applicant wishes to construct a 50 foot x 60 foot warehouse addition to A & M Appliances, as requested by Mr. Don Mazerolle, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the application to amend the Section 39 conditions imposed in 1977 to permit the proposed expansion of A & M Appliances be approved on the condition that: (i) the side yards are increased to ten feet; (ii) no outside storage be permitted on site; and (iii) the detailed plans of the building and site be approved by the Development Officer. Mr. Don Mazerolle appeared in support of his application for re-zoning; advised that he is the property owner and President of A & M Appliance Service Ltd.; and offered to respond to Council queries in this regard. 82-658 COMMON COUNCIL NOVEMBER 26, 1990 During discussion Mr. Mazerolle explained that the proposal, rather than an expansion, is to have the business located in one building as it is difficult to keep an accounting of inventory and to work in the current facility which includes two trailers on the site, and that appearance of the property will be enhanced as a result of the construction of the building; Mr. Bedford clarified that additions to the facility were approved in 1979 and 1984; and Messrs. Robichaud and Johnson commented on the matter based on the input from other sources included in the submitted Planning staff report indicating staff concern with respect to parking and drainage, as well as the size of the development for the size of the site. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Don Mazerolle to amend the Section 39 conditions imposed in 1977 with respect to 400 Milford Road be approved on the condition that: (i) the side yards are increased to ten feet; (ii) no outside storage be permitted on site; and (iii) the detailed plans of the building and site be approved by the Development Officer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, of the four tenders received for the collection of parking meter revenue, one was incomplete in that it did not include the information required in the tender documents to allow staff to judge its ability to perform this service, and that the tender of Walker's Investigation Bureau indicated its intention to dispatch two individuals from Moncton to perform the service, although it is experienced in the security field and in the handling of cash and other valuables, and it will carry out the collection, rent a room where the money will be counted and rolled and make the deposit as required in the tender and, if for any reason the deposit cannot be made on the day of collection, the coins will be transported to Moncton where they will be placed in the company vault overnight and the deposit made the following day; also advising that it is the opinion of staff that it would be in the best interest of the City to continue with Loomis Armored Car Service of Saint John, although its tender is 9.2% higher than Walkers, as it has performed this task for the past two years and provided excellent service; and further advising that the total value of this contract, awarded to Loomis, is approximately $42,000 over a two- year period. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Loomis Armored Car Service be accepted to collect, count and deposit parking meter revenue, at a cost of 47.12 cents per meter for December 1990 to November 1991, and 50.89 cents per meter for December 1991 to November 1992. Mr. Wilson explained that the collection effort concerned, which involves over $.5 million, requires good control and that staff is of the opinion that Walker's procedures, which could involve transporting deposits to Moncton, are not as tight as the City would like to see them, and further that the City is satisfied with the service of the current company; and advised that the saving to the City, based on this year's collection, if the low tender is accepted, would be approximately $4,500 over the two- year period. Question being taken, the motion was carried. 82-659 COMMON COUNCIL NOVEMBER 26, 1990 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Lantech Drilling Services, in the amount of $43,082, be accepted for well and bore hole drilling at the Spruce Lake landfill site. Mr. Edwards advised that, currently, there are 17 holes being tested at the Spruce Lake landfill site, which are being monitored on a quarterly basis, the results of which are forwarded to the Provincial Department of Environment, and also advised that the City is currently utilizing the last portion of the existing landfill site and, if permission is received from the Province for a 3,500-acre expansion to the landfill site, such expansion would accommodate the City for at least 5 years. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager advising that the New Brunswick Municipal Finance Corporation was successful in selling its second bond issue of 1990 of which $7,800,000 was related to the City of Saint John at terms as related to the City as follows:- term: 10 year, serial form in equal annual amounts; coupon rate: years 1 - 5 - 11.50%, years 6 - 10 - $11.75%; price: $98.95; yield to maturity: 11.85%; and settlement date: December 11, 1990; such terms being within the limits approved by Common Council on October 22, 1990; and recommending that the Mayor and Common Clerk be authorized to execute the debenture between the City and the New Brunswick Municipal Finance Corporation for $7,800,000 which will set out the terms of the issue listed herein -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the report from the City Manager advising that staff of the Finance Department has been reviewing all of the information provided by the Federal Government with respect to the Goods and Services Tax and attempting to arrive at answers to the questions herein related as to how to account for the GST given the processes the City now has in place, and that it has been concluded that accounting for GST payments and refunds must be an automated process incorporated into the financial system; also advising that, in this regard, AMS Canada has been contacted and provided with the basic principles the City wants to follow in overcoming this issue, with AMS Canada's response being that it is prepared to undertake the program enhancements beginning as early as November 28, 1990 and have the project completed by December 22, 1990, with most of the work to be done primarily on-site in Saint John and involve some basic programming to be done at its Ottawa office; further advising that the estimated fee for this project is in the $22,000 to $25,000 range and represents a necessary but unbudgeted expenditure to be charged against 1990 operations; and recommending that AMS Canada be hired to make program enhancements to the accounting software used by the City to accommodate the implementation of GST effective January 1, 1991 at a fee not to exceed $25,000, plus out-of-pocket expenses -- be received and filed and the recommendation adopted. Councillor Landers expressed concern that additional expense could be incurred with respect to the GST on the basis that an additional staff person has already been hired and the above equipment is needed to accommodate the software to which Mr. Wilson replied that, while he anticipates no further expenditures, he did not 82-660 COMMON COUNCIL NOVEMBER 26, 1990 anticipate an expenditure of the above amount to do the modifications, and explained that it appears that the GST itself, at 3 per cent, would approximately equate to the savings as a result of a reduction in the Federal sales tax and that the above $25,000 cost could very well be the net cost to the City by the time the system is implemented. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that, further to the October 22 request of Courtenay District Scouts to plant trees in the Champlain Heights gravel pit in May 1991, the City has spent considerable time and effort over the past year to improve the appearance of this pit and the planting of trees would be an excellent addition to the program begun by staff and should be encouraged; and recommending that Mr. Bill Johnson, Cub Leader of the Silver Falls United Church cub pack, and the Courtenay District Scouts be thanked for their interest and Common Council applaud their initiative in this matter, and further that Mr. Johnson contact Mr. Randy Nelson, Manager of Arboriculture in the Parks Department, for assistance in preparing this project -- be received and filed. The Mayor called for a motion to receive and file the above report on the basis that the City Manager has informed her that staff has already been in contact with the Scouts and the arrangements are in order. Councillor M. Vincent expressed the understanding that the barricade, placed by the City to the entrance to a smaller gravel pit between the Irving Refinery and residences on Champlain Street, has been moved and various sorts of activities are occurring in that area, and asked that the Police Department and appropriate staff look into this matter. (Councillor Davis withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager describing, further to Council's November 19 discussion of a matter broached in a letter on behalf of Ketepec Road residents regarding a limestone quarry strip mine, the various government agencies' involvement in Brookville Manufacturing Ltd.'s proposal to extract calcite at 348 Acamac Backland Road; and advising that the application is under Section 880(20) of the Community Planning Act wherein the Planning Advisory Committee has the ability to apply conditions to a commercial quarry -- be received and filed and staff be thanked for this detailed and worthwhile report. (Councillor Davis re-entered the meeting.) During discussion Mr. Rodgers advised that the Planning Advisory Committee has referred the above matter to the Legal Department for another examination, the main question being whether the operation is a quarry or a mine, and that he does not wish to comment until the opinion is finalized, and that, if this second opinion shows that the matter should involve the jurisdiction of Council, the matter will subsequently be submitted in some way or another to Council; however, if it is found that the matter is totally within the area of the Planning Advisory Committee, the matter will be considered by the Committee and Council will be informed of same; and Mr. Johnson explained that, with respect to the November 8, 1990 stop work order issued by the Building and Inspection Department as it appeared that excavation of over 1 metre had occurred in contravention of Section 880 of the Zoning By-Law, an inspection was done on November 23 which indicated that there appeared to be some activity on the site on the road within the property but no evidence was seen to indicate that excavation or filling over one metre was being done; therefore, while there is work going on, he cannot really state that there is a violation. 82-661 COMMON COUNCIL NOVEMBER 26, 1990 (Councillor Fitzpatrick withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Mr. Eric L. Teed, Chairman of the Citizen's Advisory Committee of the Correctional Service of Canada, Saint John Parole Office and Parrtown Community Correctional Centre, appeared before Council and, having introduced Marion Perkins of the Elizabeth Fry Society and a Committee member, advised that, in accordance with a directive of the Commissioner of Correctional Services of Canada, each Federal penal institution is to have a Citizens Advisory Committee composed of residents of the community who can give advice and assistance to the superintendent of the penal institution. Mr. Teed commented on the operation in Saint John of a penal centre, Parrtown Centre, which is in effect a halfway house for males who have been serving a sentence of imprisonment in a Federal penitentiary, and also advised that women in the Federal penitentiary system only comprise two per cent of the total prison population and, because of their small number, are not given the same amenities, privileges or benefits as male prisoners. Mr. Teed suggested that, to meet these needs and provide equal opportunity for rehabilitation for female offenders, accommodations similar to Parrtown Centre should be established; and, in advising that the Citizen's Advisory Committee has recommended that immediate steps be taken so that Parrtown Centre may take in both male and female inmates, asked Council to endorse the recommendation and adopt a resolution to the effect that the Solicitor General of Canada be urged to take steps to redevelop Parrtown Correctional Centre so it may accommodate both male and female offenders. (Councillor M. Vincent withdrew from the meeting during the above presentation. ) Mr. Teed responded to Council queries with respect to the possibility of the Parrtown Centre relocating from its current premises at the Saint John YM-YWCA; the members of the Committee and the method of appointment; explained that female prisoners are not getting the same service as male prisoners and it is realized that Kingston Penitentiary is a maximum-security facility and is not the best place for women offenders and further that women prisoners do not have the same opportunity as male prisoners of being placed close to their area of residence, and that Council is being asked to support the Committee's recommendation so that women, from this area, who have been incarcerated would have equal opportunity, and that this could be done at a relatively inexpensive cost by converting the present facility so that it serves both male and female persons; and clarified that his Committee is not involved in the process of lobbying the Solicitor General with reference to the provision of facilities for women across Canada with the closure of Kingston Penitentiary for Women in that the function of the Advisory Committee is to deal with the particular institution in question, while the Criminal Justice Association is interested in lobbying for equal treatment of women prisoners across Canada. The Mayor thanked Mr. Teed for his presentation and advised that Council would render a decision in this regard later in the meeting. (Councillors Fitzpatrick and M. Vincent re-entered the meeting during the above discussion.) Mr. Mark Hayward, Chairman of the Saint John Preservation Review Board, appeared before Council, and Mr. Bezanson presented slides depicting some of the Board's accomplishments in 1990, including preservation projects such as the Quinton Farmhouse on Manawagonish Road and a study of buildings on Douglas Avenue, and referring to the Board's 1991 plans for the Upper Floor Study, its request that the historic Fairville Train Station be added to a list of 8 others to be studied by the National Historic Sites & Monuments Board, and proposed improvements in the Orange Street Preservation Area, as well the development for an overall heritage strategy for the City. Mr. Hayward referred to the previously-submitted program for 1991 and advised that the Board expects a high number of applications for certificates of appropriateness in 1991 as more persons become aware of preservation areas and approach the Board for approval of their projects, the Board having processed 75 applications in 1991 which is a 50 per cent increase over 1990. 82-662 COMMON COUNCIL NOVEMBER 26, 1990 Councillor Rogers, a member of the Preservation Review Board, noted that the Board's grant program encourages persons to preserve, reconstruct and maintain their buildings in the preservation areas of Saint John, and the Mayor commended the members of the Preservation Review Board for their efforts on behalf of the City. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the report from the City Manager submitting information on the agreement on Urban Economic Development, the signing of which was announced in September by the Federal and Provincial Governments and will provide up to $30 million over the next 5 years to stimulate downtown development; advising that staff is reviewing the opportunities that are available and the procedures required to coordinate activities to ensure funds are tapped and that, due to the comprehensive nature of the programs being proposed, a wide range of organizations will need to work together and that staff will need to work closely with the Central Business Development Corporation which will have the responsibility for the allocation of most of the funds, as well as the Parking Commission, the Preservation Review Board, private property owners, potential developers, and other agencies active in the uptown area; commenting on the three programs available for which Saint John is eligible, and concluding that reports will be prepared as required to update Council of the progress of these programs -- be received and filed. The Mayor asked staff to determine if there is funding available through the above agreement to assist in restoration of the Old Loyalist Burial Ground. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a summary of Mr. William J. Shannon's application for funding through the Housing Through Infill Development program related to a project at 209 Princess Street, for which an estimated grant of $12,780, was approved by Council on July 31, 1989; and advising that the 1990 assessment has been provided which results in the final grant being higher than that approved. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Housing Through Infill Development grant for Mr. William Shannon with respect to 209 Princess Street be increased from $12,780 to $18,030. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a copy of the report tabled by Council on November 19 with respect to the application of Messrs. Malcolm A E. Thorne, Douglas Thorne and Thorcor Holdings Ltd. for a Municipal Plan amendment, re-zoning and Section 39 amendment of property on Main Street, Douglas Avenue and Chesley Drive; clarifying the question of ownership of L. RI.S. Number 373613 in that it is presently owned by the City and under negotiation for sale to Thorcor to incorporate into the proposed development, Council having authorized the sale but the agreement has not been finalized, and also that the small portion at the corner of Main Street and Douglas Avenue requires re-zoning and therefore requires Council authorization, while the larger piece along Chesley Drive is properly zoned but will be subject to Section 39 amendments for which Council's authorization to initiate is not required; and advising that, if Council wishes, it may proceed with the various recommendations in the submitted report, although Council may wish to delay advertising and referring the matter to the Planning Advisory Committee as all of the property is not yet the subject of an executed agreement of purchase and sale. The report summarizes that, while Council can proceed as previously recommended, it might be considered judicious to delay the amendment processes until the final purchase and sale agreement is executed; however, if by the time Council is required to deal with this matter an agreement still has not been 82-663 COMMON COUNCIL NOVEMBER 26, 1990 executed, the application can be stopped at that time; and recommending that the recommendation in the submitted report dated November 16, 1990, be approved, such recommendation being that (1) Council only consider amending the Municipal Development Plan from Medium Density Residential to District Center Commercial classification for those properties, and portions of properties, to the northeast of St. Matthews Presbyterian Church at 90 Douglas Avenue, as indicated on the area shaded on submitted plan #1; (2) re-zoning and amendment to the Section 39 conditions be considered only for the same area; (3) Council initiate the application to re-zone from "RM-1" to "ID" a portion of L.R.I.S. Number 373613 at the corner of Main Street and Douglas Avenue which is owned by the City; and (4) a public hearing date of February 4, 1991 be set to consider the Municipal Plan amendment, re-zonings and Section 39 amendment. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Council only consider amending the Municipal Development Plan from Medium Density Residential to District Center Commercial classification for those properties, and portions of properties, to the northeast of St. Matthews Presbyterian Church at 90 Douglas Avenue, as indicated on the area shaded on submitted plan #1; (2) re-zoning and amendment to the Section 39 conditions be considered only for the same area; (3) Council initiate the application to re-zone from "RM-1" to "I D" a portion of L.R.I.S. Number 373613 at the corner of Main Street and Douglas Avenue which is owned by the City; and (4) a public hearing date of February 4, 1991 be set to consider the Municipal Plan amendment, re-zonings and Section 39 amendment: AND FURTHER that the above proposed amendments be referred to the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that, with regard to the Blair Construction property at 152-156 Westmorland Road which was broached at Council's last meeting, there were no violations of the Zoning and Unsightly Premises By-Laws evident in a recent inspection on November 20, 1990 and that, although the property may develop certain rights as a non-conforming use, the condition of the property can be improved through imposition by Common Council of various conditions pursuant to the provisions of the Community Planning Act; and referring to the Planning Advisory Committee's report on August 20, 1990 concerning some proposed conditions, which Council tabled as are-zoning application was expected, and to the re-zoning application now being processed -- be received and filed. Mr. Johnson confirmed that, based on photographs of the above property and discussion with staff on November 23, the property meets the By-Law requirements, and the Mayor noted that the property in question is the subject of an application for a Municipal Plan amendment and re-zoning, which has been referred to the Planning Advisory Committee and advertised for a public hearing; and during discussion Mr. Rodgers advised that it would be necessary for him to examine the correspondence to give an opinion on whether or not Council could act on the adoption or rejection of the conditions proposed by the Planning Advisory Committee even though a re-zoning application is in process. Question being taken, the motion was carried. Read a letter from the Common Clerk submitting for Council's consideration a resolution from a November 19 Legal Session of Council. On motion of Councillor Knibb Seconded by Councillor M. Vincent 82-664 COMMON COUNCIL NOVEMBER 26, 1990 RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the outstanding invoice of Clark, Drummie & Company, solicitors, in the amount of $35,000, for professional services rendered in connection with the successful action by the City and the Bank of Montreal against Revenue Properties Company Limited resulting in the recovery of overpayments of rent. Mr. Rodgers clarified that approximately $8,000 of the $35,000 invoice has been itemized and that the above invoice is the outstanding balance of the total bill of $68,142.33 as previous interim bills were paid by the City; and Mr. Wilson confirmed that the Bank of Montreal also utilized the services of Clark, Drummie & Company, and paid approximately $8,000 as its share of the total bill, or 8 per cent. Councillor Fitzpatrick asked if the Bank intends to share in the above invoice and suggested that this matter should be tabled until it is determined whether or not the Bank is to contribute further to the cost, and Mr. Rodgers recommended that, while this would be worth pursuing with the Bank, authorization for payment of the bill not be delayed in this regard. Councillor Fitzpatrick expressed the opinion that, if the City is not responsible for the total amount, it should not pay the total amount. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table until staff investigates as to whether or not the Bank is responsible for part of the subject bill. Question being taken, the tabling motion was carried with the Mayor and Councillors Coughlan, Davis and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that with regard to the presentation by Mr. Eric L. Teed, Chairman of the Citizen's Advisory Committee of the Correctional Service of Canada, Saint John Parole Office and Parrtown Community Correctional Centre, the Common Council of the City of Saint John urge the Solicitor General of Canada to take steps to redevelop Parrtown Correctional Centre so it may accommodate both male and female offenders. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the presentation of the Preservation Review Board of its 1990 review and 1991 work plan be received and filed and the Board members be thanked for their efforts on behalf of the City of Saint John. 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 recommendation, namely:- 1. That as recommended by the City Manager, the establishment in the 82-665 COMMON COUNCIL NOVEMBER 26, 1990 Parks and Works Departments be increased by 9 permanent positions as follows:- 2 arena park attendants; 4 heavy equipment operator positions; and 3 chauffeur positions. November 26, 1990 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above report be received and filed and the recommendation therein be adopted. 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 19, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant of $2,500 be approved for the Jervis Bay (Memorial) Pipe Band to assist in its three-week overseas competition trip to Scotland in August 1991. 2. That as recommended by the City Manager, Council adopt the submitted vehicle policy. 3. That as recommended by the City Manager, parcels 90-1, 90-2 and 90-3 shown on a subdivision plan entitled The Exhibition Association of the City and County of Saint John Subdivision prepared by Kierstead Surveys Ltd., and dated June 6, 1990, be acquired for the widening of McAllister Drive, from the Exhibition Association under the following terms and conditions:- (1) the purchase price to be $455,000, including appraisal fees of $3,500; (2) if necessary, the City will relocate/rebuild the tower used in connection with harness racing, that is presently located on parcel 90-3, to a location acceptable to the Department of Agriculture; and (3) the sale of the property will be completed on or before December 31, 1990. November 26, 1990 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. In response to Councillor Flewwelling's observation that the above policy 82-666 COMMON COUNCIL NOVEMBER 26, 1990 indicates that employees required to use their private cars on City business shall be reimbursed at the rate of $.27 per kilometre, while Council members are reimbursed at a rate of $.28 per kilometre, Mr. Taylor advised that it would be necessary for him to review the rate on the basis that it is standard for employees and Council members. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Mr. Todd advised that, although it is not known as yet how much property is required for the road widening, it is the intent to continue the interim uses for which the land is currently being used until such time as it is needed for the road and that property not used for the actual road construction would most likely be left as open, or green, space. Councillor Flewwelling suggested that the property should only be purchased after the design is known so that the amount needed would also be known to which Mr. Todd replied that the purchase of all of the land at one time puts the City in control of the land so that no other use could be proposed for it and that, if it is necessary to move the tower, the cost would be about $10,000 and this has been allowed for in the negotiations. In response to Deputy Mayor Gould, Mr. Todd advised that the amount of land being purchased is approximately 80,000 square feet which is slightly less than 2 acres, and that deStecher Miller & Associates Limited did the appraisal on the property. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan of McAllister Industrial Park, Lot 90-3, of which a photocopy reduction is submitted, with respect to the 6.1 metre (20 foot) wide utility easement at 30 Mcilveen Drive. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Rockwood Park Advisory Board informing Council that the term of office for the City appointees on the Board has expired, and requesting the City to make the final appointments to the Board -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Lancaster Kiwanis Golden "K" Club expressing support of the Marco Polo Project and urging that the various levels of government lend their moral and financial support to this Project -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan 82-667 COMMON COUNCIL NOVEMBER 26, 1990 RESOLVED that the letter from the Orange Street Preservation Committee submitting a copy of its letter considered by Council on October 9 requesting that consideration be given to placing the Orange Street's wiring underground as well as expressing its concerns regarding the final design of the Street; advising that, while it had been the hope that the Committee would have meaningful input into the final design of Orange Street, the Committee is finding it very discouraging because to date, even after requests to meet with City staff, plans and work commence without any discussions with the residents of the Street; and requesting to meet with members of the Engineering, Traffic and Planning Departments, as well as representatives of the Power Commission of the City of Saint John and the Preservation Review Board as soon as possible -- be referred to the City Manager. Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Carleton- Kirk United Church requesting financial support of $500 for its complimentary noon- hour concerts which will be held in the Carleton-Kirk for the enjoyment and edification of all citizens during its 150th anniversary celebration in 1991 -- be referred to the grants committee. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Jamie Bastarache & Jean Peters for the re-zoning of 257 Westmorland 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 January 21, 1991. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Sisters of the Good Shepherd for the re-zoning of 148-150 Waterloo 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 21, 1991. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the application of E & J Dugay Roofing Ltd. for an amendment to the Section 39 conditions of re-zoning of 301 Ashburn Road be referred to the Planning Advisory Committee for a report and 82-668 COMMON COUNCIL NOVEMBER 26, 1990 recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 21, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Brian W. Palmer of 420 Lawrence Street submitting a petition from citizens of the area to have the intersection of Dunn Avenue and Fundy Drive changed to a four-way stop sign on the basis that the intersection is dangerous and the scene of many accidents and, if some measure is taken now, a real tragedy can be avoided -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk