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1990-12-10_Minutes 82-679 COMMON COUNCIL DECEMBER 10, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of December, 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; J. McNamee, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; J. Baird, Manager- Development; E. LeBlanc, Insurance Coordinator; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Jerry Reddy of Main Street Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of the Common Council, held on December 3, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Mr. Eric L. Teed of the New Brunswick Branch of the United Nations Association in Canada, who addressed Council concerning the 42nd anniversary on this date of the Universal Declaration of Human Rights. Mr. Teed recognized the presence in the Council Chamber of Mr. John Messerlian, President of the New Brunswick Human Rights Association, and several refugee persons to Canada, as well as members of the 1 st Lakewood Heights Pathfinder Unit, 3rd Lancaster Girl Guides Company, and Loch Lomond, Silver Falls, Rothesay Legion, Portland and 1st Douglas Avenue Boy Scout Troops, the latter who read, in turn, the sections of the Universal Declaration of Human Rights. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that an FCM Release concerning GST negotiations (copies of which were forwarded to Council members as an information item) and a resolution concerning the regional civic 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. Her Worship the Mayor expressed condolences to the families of the late Mark Corey, Nicole Holland and Jayne Anderson, students of Kennebecasis Valley High School, who died as a result of a two-car collision near Moncton on December 6. 82-680 COMMON COUNCIL DECEMBER 10, 1990 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the families of the late Mark Corey, Nicole Holland and Jayne Anderson. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property at 1175 St. Martins Road (a portion of L.R.I.S. Number 354696), located on both sides of St. Martin's Road, from Open Space to Low Density Residential classification; and (b) the proposed re-zoning of the same parcel of land from "P" Park to "RR" Rural Residential classification, to permit a subdivision and development of the same property to Rural Residential standards, as requested by Regina Jordan, Alice Jordan and Edna Miller, and that no written objections were received in this regard. No person was present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at its December 4 meeting, and a copy of a letter of concern with respect to the water quality in the above area; advising that the Property Management Branch is aware of the possibility of water supply contamination and will take appropriate action to deal with the matter; and recommending that the above application be tabled until the risk of contamination of the water supply for the proposed lots by gasoline has been assessed by a hydrogeologist familiar with the problem. No person was present with respect to the proposed amendments. Councillor M. Vincent asked by whom and when the water testing will be carried out to which Mr. Bedford replied that the City is involved in the sale of the above lands and, at the present time, the issue of who will be testing the wells has not been totally clarified, although the Minister of Environment will have to approve the quality of the testing that is done; and, with regard to Councillor Flewwelling's question about the benefit to the City of the type of development proposed, Mr. Bedford explained that, at the present time, a development of this nature meets the policies of the Municipal Development Plan, whereupon Councillor Flewwelling expressed concern about the cost of possible future extension of water and sewerage services to the area in question. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, the application of Regina Jordan, Alice Jordan and Edna Miller for a Municipal Plan amendment and re-zoning of property on St. Martins Road be laid on the table until the risk of contamination of the water supply for the proposed lots by gasoline has been assessed by a hydrogeologist familiar with the problem. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of various properties fronting on Range Road, specifically L.R.I.S. Numbers 357632, 357640, 55046924, 359398, 359380,469585, 356824, 357129, 55028153, 358655, 356873, 360560, and portions within the City of L.R.I.S. Numbers 356881, 356899, 55039044, 55062723, 356840, 358952, 359489, 356410, 359539, 356568 and 55058960 from "P" Park to "RFM" Rural Mobile Home classification, to permit all properties on Range Road to develop with either single-family or mobile homes, and that no written objections were received in this regard, with letters in support of the proposed re-zoning (copies of which were distributed to Council members at this meeting) having been received from Albert Morgan, Darlene Morgan, W. R. Doyle, Mary Doyle, Diane Lewis, Robert R. Logan, Kathleen Doyle, Leonard Doyle, Anita Doyle, Larry Doyle, Josephine A McNeill and 82-681 COMMON COUNCIL DECEMBER 10, 1990 Bob Walsh. Consideration was given to a letter from the Planning Advisory Committee advising that it considered the submitted Planning staff report and the submitted twelve letters of objection at its December 4 meeting at which a delegation of area residents spoke in opposition to the proposal, and that, after considering the concerns of the area residents, the Committee felt that the above proposed re-zoning should not be adopted; and recommending that the proposed re-zoning not be adopted. Mr. David Campbell of Range Road appeared in opposition to the proposed re-zoning and advised that he constructed his residence in the area approximately five years ago under the existing zoning on the assumption that he could rely on this zoning and that, in his opinion, development during that time in the area has not been of a positive nature. Mr. Campbell explained that his opposition to the proposed re-zoning is for the reason that placement of mobile homes will cause property and home depreciation in the area and discourage development of the conventional one-family dwelling by both private individuals and contractors, and expressed the opinion that, as there are currently seven conventional dwellings in the area and six mobile homes, the time has come to stop the future development of mobile homes as it is not positive and would not encourage persons to come to, live in or develop in the area. Mr. Campbell asked Council to adopt the Planning Advisory Committee's recommendation. Councillor Davis, a member of the Planning Advisory Committee, asked if, on the basis that the persons who submitted letters of objection to the Committee seem to be located at the end of Range Road closer to St. Martins Road, a compromise could be made by the City applying for re-zoning of the upper end of Range Road, to which Mr. Campbell replied that his response would be negative to such an application. In response to Deputy Mayor Gould, Mr. Campbell advised that there are presently four mobile homes located on Range Road and two additional lots have been approved for mobile homes. Mr. Randolph Hope appeared in objection to the proposed re-zoning on behalf of Vona Hope, Marjorie Robinson, Paulina Hogan, Adelia Hodges, Winnie MacDonald and Freda Hogan, who, he advised, own approximately seven acres of land adjacent to the fire station, and explained that, not only has it been necessary for them to remove garbage from their property but that, since mobile homes have been permitted in the area, there have been problems, including a fire in the area. Mrs. Lillian Campbell of Range Road spoke in opposition to the above proposal on the basis of property devaluation in the area with the location of mobile homes, and expressed the opinion that all of Range Road should continue to develop with conventional-type homes. Councillor Knibb made the observation that he has no evidence that somehow real estate values of conventional-type dwellings decrease because of the proximity of mobile homes, to which Mrs. Campbell replied that she has heard real estate agents say that properties in the area are devalued because of mobile homes placed therein. Mr. John Campbell of Range Road appeared in opposition to the proposed re-zoning and made the observation that there are approximately twelve residents on Range Road, all of whom submitted letters of opposition. Mrs. Vona Hope of Old Black River Road appeared before Council and, having noted that she is one of the property owners on whose behalf Mr. Hope spoke in opposition, expressed the opinion that property value would decrease with placement of mobile homes in the area. Mr. Raymond Doyle of Harding Street appeared in support of the proposed re-zoning; advised that he is part owner of property on Range Road nearer to St. Martins Road; and also advised that, having delivered to the Common Clerk earlier this date the above-noted letters of support, he is also in receipt of a petition and a letter in support of the proposed re-zoning from Mr. Eric Hodges (which he subsequently filed with the Common Clerk), the latter person who previously submitted 82-682 COMMON COUNCIL DECEMBER 10, 1990 a letter of objection to the Planning Advisory Committee. Mr. Doyle further advised that, having sold lots in the area for a long time, in the last five years almost all of the lots sold have been re-zoned for mobile homes, as have lots which other persons have sold, which indicates that the appeal in that area is for a mobile-type home; and suggested that, on the basis of his experience that persons will build houses in areas in which mobile homes are located, the proposed re-zoning would only give the right to additionally have mobile homes or two-family homes instead of only single dwellings in the area, thereby adding to, rather than detracting from, the value of vacant land in the area. During discussion Mr. Bedford explained the location of the property on Range Road in which the persons expressing support of the proposed re-zoning have an interest, as well as the location of the persons who expressed opposition to the proposed re-zoning, and advised that, while the Planning Advisory Committee considered the option of dividing the proposed re-zoning, the persons in objection in fact reside along the entire length of Range Road. Mr. Doyle suggested that Council should table the matter to consider the possibility of dividing Range Road to allow for both mobile and conventional-type housing. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the proposed re-zoning of various properties on Range Road not be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the correspondence concerning the above application be received and filed. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the proposal adopted on June 23, 1980 for a parcel of land located on the north side of Union Street between George Street and Mill Street (Viaduct approaches) (L. RI.S. Number 55011886), to adopt a proposal for an eleven-storey office building and associated parking structure to be developed in part on the property, as requested by 040705 N.B. Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report and one letter of objection to the above-proposed amendment, and advising that the proposed conditions were acceptable to the applicant with an amendment to condition (b) that the street widening be "subject to financial terms being negotiated between the City and the developer", and the conditions recommended by the Planning Department were adopted with that addition; and recommending that the proposal as adopted by resolution pursuant to Section 39 of the Community Planning Act on June 23, 1980 for a parcel of land on the north side of Union Street between George Street and Mill Street be amended by adopting the revised proposal as submitted on condition that: (a) a pedestrian link to the existing pedway system be constructed as part of the development as per a detailed agreement between the applicant and the City; (b) Union Street be widened by the applicant as per plans approved by the Chief City Engineer subject to financial terms being negotiated between the City and the developer; (c) detailed plans and specifications of the exterior building design be approved by the Development Officer as part of the building permit approval process; (d) a detailed landscaping plan be prepared by the applicant and approved by the Development Officer within 6 months of building permit approval; and (e) all signage will be in accordance with the "B-3" Central Business standard and approved by the Development Officer. Mr. John Rocca, Vice President of 040705 N.B. Inc., appeared in support of the proposed amendment; advised that the applicant was asked by staff earlier this date whether it would be agreeable to the tabling of this matter for one week to discuss 82-683 COMMON COUNCIL DECEMBER 10, 1990 a number of issues arising out of the above report, specifically related to two issues, being the pedway and the widening of Union Street; and concluded that the applicant has no problem with tabling the application as requested if, from a procedural point of view, it is in order to do so. Mr. Rodgers confirmed that the public hearing is concluded with respect to the above application. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the conditions imposed on September 14, 1987, when the re-zoning was approved for a lot at 9 Somerset Street, with frontage on Somerset, Barker and Webster Streets, to accept a revised conceptual development proposal, to permit a revised site layout with a two- to three-storey building containing approximately 5,000 square feet of commercial space on the first floor and provision for 4,000 to 10,000 square feet of residential space on the upper floor(s), as requested by The Saint John Loan Company, Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that the applicant's agent attended its December 4 meeting and requested two minor changes to the recommendation of Planning staff in its submitted report in order to allow a degree of flexibility in the design and size of the project and that both staff and the Committee agreed to the requested changes; and recommending that Common Council resolution of September 14, 1987 pursuant to Section 39 of the Community Planning Act be amended to read as follows:- (1) the development be limited to a two- or three-storey building having a ground floor area of up to 465 square metres (5,000 square feet) and an equal or greater area for apartments on the upper floor(s) similar to the conceptual plans submitted and dated October 30, 1990; and (2) the applicant prepare detailed plans which would be approved by the Director of Planning prior to any development indicating, among other things, the proposed site grading, the proposed on-site drainage system, the proposed building location and exterior elevations, the proposed paved parking areas and concrete curbing, and the landscape materials proposed for those areas not occupied by a building or parking area. Mr. Richard Turner of Hughes Surveys & Consultants Ltd. appeared in support of the proposed amendment; advised that his firm supplied the information to the person who did the design drawings for the building shown in the application and also made the submission to the City for the owner; and, in expressing agreement with the recommendations of Planning staff and the Planning Advisory Committee, explained that an issue arose immediately prior to this public hearing that has caused the property owner some concern; therefore, it is the applicant's wish for Council to conclude the public hearing and consider tabling the matter. Mr. Turner requested that, as the issue is expected to cause only a temporary setback, Council consider a tabling motion and concluded that the applicant hopes to be before Council in the near future for consideration and, hopefully, concurrence. (Councillor M. Vincent withdrew from the meeting during the above presentation. ) On motion of Councillor Flewwelling Seconded by Councillor Knibb 82-684 COMMON COUNCIL DECEMBER 10, 1990 RESOLVED that the above application be laid on the table until Mr. Turner meets with staff in an attempt to resolve whatever difficulties may have arisen. Question being taken, the tabling motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a 6.5 acre parcel of land located on the north side of Ashburn Road (L.RI.S. Number 5571153), from Low Density Residential to Light Industrial classification, to permit the re-zoning of the area to a Light Industrial zone which will allow the continued development of vehicle storage compounds for Loyalist City Towing, as requested by Loyalist City Towing Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land at 91 Millidge Avenue, which includes recently-closed Constance and Valerie Streets and parts of three adjacent parcels of land with L.RI.S. Numbers 41095,5514879 and 55014831, from Low Density Residential to Light Industrial classification, to permit re- zoning of the same area to the "1-1" Light Industrial zone for its incorporation into the Baxter Dairies property, as requested by Baxter Foods Limited. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a triangular parcel of land located at 100 Kierstead Road (L. RI.S. Number 467696), from Light Industrial and Open Space to Medium Density Residential classification, to permit re-zoning of the same property to the "RM-1" Three-Storey Multiple Property Residential zone and conversion of the existing building to a 6-unit apartment building, as requested by Maurice F. and Rose M. Muir and R Jeffrey Muir. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment which would expand the Business Improvement Area to include the properties located on the south side of Princess Street, from Water Street to Sydney Street, having civic numbers 42,46-54, 76, 80, 86, 94, 100-102, 108-112, 116, 136, 156 and 162 Princess Street and 139 Germain Street; and the north side of Union Street from George Street to Smythe Street, known as the Union/George Street parking lot and the Union/Smythe Street parking lot, as requested by the Board of Directors of Saint John Central Business Development Corporation, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Business Improvement Area By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Area By-Law. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Business Improvement Area By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Area By-Law. The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Saint John Central Business Development Corporation for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business 82-685 COMMON COUNCIL DECEMBER 10, 1990 improvement levy of 10 cents per $100 of assessment on business property within the area as designated by Council, and that no written objections were received in this regard. No persons were present to speak in opposition to or in favour of the proposed budget. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as requested by the Board of Directors of Saint John Central Business Development Corporation, Council approve the budget for the Business Improvement Area as follows:- Revenue: Business Improvement Levy Interest Work Grants Main Street Grant $200,000 10,000 2,000 $ 45,000 $257,000 Expenses: Annual Meeting Marketing Public Relations Urban Design Business Development Tourism Development Office & Administration Doubtful Accounts Dues Insurance Miscellaneous Meetings Office & Postage Leased Equipment Professional Fees Rent Telephone Travel Wages & Benefits $ 3,000 71,500 9,000 45,000 13,500 2,500 11 ,000 700 2,000 4,000 7,000 11 ,500 5,000 4,000 9,500 3,300 2,500 52,000 $257,000 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a first time. Question being taken, the motion was carried. Read a first time the Business Improvement Levy By-Law. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a second time. Question being taken, the motion was carried. Read a second time the Business Improvement Levy By-Law. 82-686 COMMON COUNCIL DECEMBER 10, 1990 Four students of the grade six class of St. Peter's School, accompanied by their teacher, Helen Hanratty, addressed Council with regard to Shamrock Park and recommended that, in order for the Park to become a safe place again for children to play, (1) there should be security guards in the Park; (2) there should be increased Police patrols of the Park; (3) the stream, which is full of broken beer bottles, should be cleaned up; (4) the Park should have a special direct telephone line, such as those used by some of the taxi companies, to the Police Station; and (5) although it would be costly, some of the lights should be kept on all night to make things better for people who live by the Park who are sometimes bothered at night by people in the Park. (Councillors Fitzpatrick and M. Vincent re-entered the meeting during the above presentation.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the presentation by students of the grade six class of St. Peter's School concerning Shamrock Park be referred to the City Manager, the Recreation Department, and the Saint John Board of Police Commissioners. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Saint John Regional Exhibition Centre Committee, Council approve the Terms of Reference for an Expression of Interest as prime consultants for the Saint John Regional Exhibition Centre. Deputy Mayor Gould asked for assurance that Council, at any time, will be able to stop the process so that, for example, if the response to the tender is beyond what Council can agree to, Council will be able to stop the process once the so-called consultants have been hired. Mr. Taylor explained that the process will be that the project management team, through the Committee, will submit any recommendations to Council so that, once the team is in place and has been tasked with designing, as the process goes along, the design and everything else relative to the construction will come before Council, so that Council can stop the process all the way through the process. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the FCM Release concerning GST negotiations be received and filed. 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 November 14-20, 1990 $13,399.87 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the 82-687 COMMON COUNCIL DECEMBER 10, 1990 City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-2 - Lancaster Wastewater Treatment Plant Beaver Marine Construction Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated December 6, 1990 Final holdback release $522,500.00 524,975.00 Nil 419,980.00 $104,995.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Huestis & Huestis Ltd. be accepted for insurance coverage for a five-year period at the following costs:- 1991 - $20,450; 1992 - $21,000; 1993 - $21,700; 1994 - $22,400; and 1995 - $23,300; and that payment of the premiums for the year 1991 in the amount of $397,045 be authorized. Question being taken, the motion was carried. Read a letter from the City Manager advising of a request to the City Solicitor by Mr. Theodore Wilson, solicitor for Edwin and Pamela Bourque, for an easement permitting the encroachment upon Ridge Street of his clients' building at 209 Westmorland Road, and recommending adoption of the submitted resolution in this regard. On motion of Councillor M. Vincent Seconded by Councillor Landers 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 Edwin and Pamela Bourque to permit the encroachment of their building upon Ridge Street, such easement to terminate with the destruction or removal of the encroachment. Councillor Fitzpatrick asked for clarification of the property location on the basis that the City Manager's letter refers to both Westmorland Road and Ridge Street. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for one week until Council is in receipt of the proper information on which to make a decision. Question being taken, the tabling motion was carried. Consideration was given to a report from the City Manager referring to the November 13 presentation to Council by Mr. Peter Mcintyre, President of the Taxi Association, and to the City Solicitor's report to Council on December 3 indicating that, while Council can deal with proposed changes to the Taxi By-Law pertaining to Schedule C zones and fares, Council does not have the authority at this time to deal with Mr. Mcintyre's request for the implementation of a medallion system, fare changes on January 1, 1991 to allow for GST to be included in all taxi fares and to add to the Taxi By-Law a clause to permit all fares to be doubled on December 31 (only) New Year's Eve 6:00 p.m. through 6:00 a.m.; advising that, having indicated to the 82-688 COMMON COUNCIL DECEMBER 10, 1990 Association the City's position on its four requests and after a further meeting with taxi representatives, the Association has decided to withdraw the request to double the fares on New Year's Eve and will possibly be submitting a separate proposal to Council to request Council to seek a change in the present legislation so that a medallion system can be put in place; and also advising, with regard to the request concerning the GST and having pointed out to the Association quite clearly that Council will only be setting a maximum fee with no reference to the inclusion of GST if it changes the fare structure as Council does not have that authority over a Federal tax, the Association gave staff a revised fare structure from its earlier presentation which, in effect, has simply added an additional $.50 to each fare presented earlier; thus, if this new level is approved as the maximum fare, the industry will operate somewhere from the present rate up to and including the maximum. The report further advises that, during discussion, it was explained that, due to the major increases in gas prices and the impending GST charge on maintenance and repairs of the vehicles and the fact that there has not been a maximum fare increase since 1985, the increase is not out of line and, in actual fact, it relates to about a 5 per cent increase per year over the last 5 years, and that it was also indicated that movement from the present rate to the new maximum will not be an immediate move and that movement to the maximum will take place as the market relates to the increases; and recommends that the maximum fees charged by the Taxi Association as requested be adopted and that the appropriate By- Law be prepared to reflect the increase in the various zones. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above recommenda- tion of the City Manager be adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", with respect to changing the fare and zone schedule, 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 Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", with respect to changing the fare and zone schedule, be read a second time. Deputy Mayor Gould asked if the information in the FCM Release considered above, particularly with respect to taxi fares, would have any effect on the Association's request to Council in this regard, to which Mr. Wilson replied that FCM is merely giving support to what it considers a very straight-forward way of administering taxi fares across Canada and that, if fares are set including GST, there would be no necessity of adding GST to the fares; and Mr. Rodgers explained that, while the FCM release refers to municipalities establishing taxi fares, the municipality of the City of Saint John, under the Municipalities Act of New Brunswick, does not establish taxi fares, but rather sets maximum fares, with the purpose being that the Provincial Government did not want local governments interfering in the taxi industry any more than necessary; however, even if Council were setting the taxi fares, under the present wording of the Municipalities Act, in his opinion, it does not get involved with the GST; and he suggested that Council members should direct their minds only to the setting of maximum fares, with or without the GS1. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 82-689 COMMON COUNCIL DECEMBER 10, 1990 RESOLVED that a representative of the taxi industry be invited to address Council at this time. Question being taken, the motion was carried. Mr. Peter Mcintyre, President of the Taxi Association of the City of Saint John, appeared before Council and explained that a one-dollar increase in taxi fares is being requested, although it is the intention to increase taxi fares by fifty cents now and fifty cents in the future, on the basis that it is uncertain at this time as to whether or not all expenses can be accommodated by a fifty-cent increase and, rather than approach Council again in the near future for a further increase, it would be in order to request a one-dollar increase at this time. Mr. Mcintyre also explained that there will be only one fare charged throughout the taxi industry in the City and that the requested increase will mean that the industry will provide a maximum ceiling out of which the GST can be taken; and Mr. Rodgers added that, while Council is setting the maximum rate, the Association is setting the taxi fare and it is on that fare that the GST will be charged, although the latter is a matter between the Taxi Association and the Federal Government. (Councillor Coughlan withdrew from the meeting during the above discussion.) Question being taken, the original motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John. Consideration was given to 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 Varsity Street, which was given first and second readings on December 3. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Varsity Street, 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 referring to Council's request on December 3 for an opinion on Council's right to deal with an imposition of standards of legal non-conforming uses while an application is being processed for a Municipal Plan and Zoning By-Law amendments for the same land, in particular, with regard to 152- 156 Westmorland Road; noting that Council on August 16 tabled a Planning Advisory Committee report on proposed conditions to be applied by Council to the legal non- conforming use of the subject property as a Municipal Plan and re-zoning application was being processed; expressing the understanding that the Planning Advisory Committee will be dealing with the application for such amendments on January 15, with the public hearing scheduled for January 21, and that the proposed re-zoning is not intended to bring all existing uses of the property in conformity with the By-Law, and furthermore the proposed Municipal Plan amendment and re-zoning change are for a portion of the site on which the present legal non-conforming use exists; and expressing the opinion that Council can deal with the prescribing of standards for the legal non-conforming use at any time and, from a legal standpoint, it is not required to 82-690 COMMON COUNCIL DECEMBER 10, 1990 wait until the present application is disposed of, either through the enactment of the re- zoning or rejection of it. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the above letter from the City Solicitor be received and filed. (Councillor Coughlan re-entered the meeting.) Councillor M. Vincent asked if it would be in order for Council at this meeting to bring forward and adopt the standards previously recommended to which Mr. Rodgers replied in the affirmative in that Council could ask staff to bring the recommendations forward, add the item to the agenda and discuss same, and Councillor M. Vincent advised his intention at Council's next meeting to have the matter taken from the table and brought forward for Council's consideration. 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 December 3, 1990, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the request of Carleton-Kirk United Church for financial assistance with respect to its 150 anniversary celebration in 1991, a grant of $500 be approved. 2. That as recommended by the City Manager, the following persons be named as City nominees to the boards of arbitration with respect to Local No. 18, C.U.P.E., grievances:- Mr. Nicholas Barfoot regarding grievances 90-24 concerning premium pay, carpenters, and 90-30 concerning premium pay, welders and mechanics; Mr. Matthew MacPherson regarding grievances 90-32 concerning hours of work, City Market, and 90-43 concerning Mr. George Hoyt not given call-out; and Mr. Mark Giberson regarding grievances 90-36 on behalf of Mr. James Duke, and 90-39 concerning the establishment change, Works Department. 3. That as recommended by the City Manager, the necessary advertising be authorized for the closure of Drury Lane lying between Union and North Streets, and for North Street from Smythe Street to the Mill Street Viaduct. 4. That as recommended by the City Manager, Mr. Larry Neal be advised that his request for an encroachment on the City right-of-way at 407 Prince Street West for the construction of a new addition is denied; and further that Common Council direct staff to prepare the necessary documentation to allow the encroachment of the existing stairs for the life of the building. (last clause rescinded February 10, 1992 Bk. 83 pg. 351 ) December 10, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. 82-691 COMMON COUNCIL DECEMBER 10, 1990 (Councillor Rogers withdrew from the meeting due to a possible conflict of interest. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling 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 M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan, of which a photocopy reduction is submitted, with respect to the proposed street widenings on McAllister Drive. Councillor Flewwelling asked for clarification on the status of property on the south side of McAllister Drive which extends from the property purchased by the City to Rothesay Avenue, to which Mr. Armstrong replied that there is further land acquisition under negotiation in the area from the parcel of property purchased toward Rothesay Avenue. Deputy Mayor Gould asked if the City knows at this time the amount of additional property required to which Mr. Armstrong replied in the affirmative in that a design has been worked out which is the reason for the acquisition of the parcels of land and that this is being dealt with in the context of the capital program. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Secretary of State of Canada advising support once again for the Five-Star Community Award Program in partnership with the Federation of Canadian Municipalities and the National Access Awareness Committee; encouraging Council to consider taking advantage of the Program; and inviting Council to request the Guidebook and application form that will assist those in the community who are currently working to encourage the participation of disabled citizens in applying for a Five-Star Community 82-692 COMMON COUNCIL DECEMBER 10, 1990 Award -- be referred to the City Manager for a recommendation concerning the City's participation in the Program. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Mrs. Beverley James submitting a petition from Golden Grove Road residents requesting the expansion of City water and sewerage services further up the Golden Grove Road and that Council consider moving this project from a priority 2 up to a priority 1 in the budget -- be referred to the City Manager for costing and consideration in the capital budget. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Weldco Oxygen East for an amendment to the section 39 conditions of re-zoning of 3287 Westfield 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 February 4, 1991. Councillor Fitzpatrick asked why the landscaping under the former agreement has not been completed to which Mr. Brown replied that he could report to Council in this regard at the next meeting. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Beverly Rideout for the re-zoning of 427 Prince 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 February 4,1991. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Golden K Kiwanis Club recommending the Marco Polo project as a viable plan for the City, and asking that the Mayor and Common Council give the project as much help as possible to bring this plan to a successful completion -- be received and filed with appreciation for its interest. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 82-693 COMMON COUNCIL DECEMBER 10, 1990 Common Clerk