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1991-01-07_Minutes 82-722 COMMON COUNCIL JANUARY 7,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of January, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and A 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; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Jack Fancy, Pastor of Kings Valley Wesleyan Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on Thursday, December 27, 1990, be approved. Councillor Rogers asked for clarification on whether or not the City sold its freehold interest in Blue Rock Hill property L.R.I.S. Number 267565-F, the leasehold interest of which is held by the Thibodeaus, on the basis of Mr. Grant's indication at the above meeting that such property was not included in the Company's request to Council, while Common Council resolution of December 27, 1990 indicates that such property is included. Mr. Rodgers confirmed that the sale of the freehold interest in the subject property was included in the sale to the holding company of B.L.E.U. Non-Profit Housing Inc. and that the authority for the closing of the sale of the property was based on Council resolutions of March 5, 1990 and December 27, 1990, whereupon Councillor Rogers expressed concern that the Thibodeaus' were not given first option to purchase the freehold interest in this property, particularly in view of her understanding that Mrs. Thibodeau forwarded a letter in this regard to Mr. W. D. Todd, Director of Housing and Property Management, approximately three months ago, and expressed the opinion that it is unfortunate that someone other than the City of Saint John now owns the freehold property in which the Thibodeau's have the leasehold interest. Question being taken, the motion was carried. Her Worship the Mayor noted that the Citizens' Forum on Canada's Future, of which she is a member, will begin in Saint John on January 8, 1991, and commented on the media coverage resulting from the launching of the Forum in Saint John. Her Worship the Mayor expressed condolences to the family of the late Dr. Arthur 1. G. Harrison, a former Saint John High School Principal, and to the family of the late Mr. Desmond Legassick, Sheriff-Coroner for the Counties of Saint John, Kings, Charlotte and Queens until his retirement in late 1987, whose deaths occurred on January 6, 1991. Her Worship the Mayor commented on the January 11-13, 1991 Canada Cup and New Brunswick Outdoor Speedskating Championships to be held at Lily Lake. Councillor Flewwelling asked to add to the agenda for consideration at this meeting copies of letters of appreciation from delegates of the Society of American 82-723 COMMON COUNCIL JANUARY 7,1991 Tourist Writers Conference in Saint John (copies of which were forwarded to Council members as information items); the Mayor noted that a Nominating Committee report (which was considered in Committee of the Whole earlier this date) is also to be added to the agenda; and Councillor Flewwelling suggested that, as the presentation regarding Shamrock Park by St. Peter's School students was made in open session of Council, the City Manager's report in this regard (copies of which were forwarded to Council members as an information item) should also be added to the agenda of this meeting. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above-mentioned items 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 (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from Low Density Residential to District Centre Commercial classification; (b) re-zoning of the same lots from "R-2" One- and Two-Family Residential to "B-2" General Business classification; and (c) amending Section 520(2)(e) of the Zoning By-Law by renumbering Section 520(2)(e) as Section 520(2)(e)(i) and adding the following as Section 520(2)(e)(ii): "(ii) notwithstanding sub-clause (i), a motel may be located at 1309 and 1315 Manawagonish Road.", to permit the continuing use of the lots for a motel development and to permit an expansion of the motel, as requested by Mr. Douglas W. King, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that, after listening to the applicant's comments at its December 18, 1990 meeting at which no persons were present in opposition to the proposal, the Committee adopted the recommendation in the submitted Planning staff report with an amendment to the portion of item 4(b) dealing with the reduction in parking spaces, as the applicant advised the Committee that he did not wish to reduce the number of existing parking spaces in front of the motel because he felt they were necessary for the convenience of his customers; however, he agreed to delete one parking space in front of the proposed addition and substitute landscaping in its place; and recommending that (1) Schedule 2-A of the Municipal Development Plan be amended by redesignating, from Low Density Residential to District Centre Commercial classification, two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725); (2) the same lots be re-zoned from "R-2" One- and Two-Family Residential to "B-2" General Business classification; (3) Section 520(2)(e) of the Zoning By-Law be amended by renumbering Section 520(2)(e) as Section 520(2)(e)(i) and adding the following as Section 520(2)(e)(ii): "(ii) notwithstanding sub- clause (i), a motel may be located at 1309 and 1315 Manawagonish Road."; and (4) the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act: (a) restricting the use of the lots to motel and/or residential use; (b) requiring that the lots be developed in accordance with a site plan approved by the Development Officer prior to building permit approval and indicating the following: increased landscaping in the front yard directly in front of the proposed addition, paved rear parking with poured-in-place concrete curbs and adequate storm drainage facilities, and landscaping of all areas not occupied by buildings and vehicular areas, except that the steeply sloping area at the rear of the lots may be left in its natural state, and (c) requiring that the items listed in (b) be completed within eight months of building permit approval. Mr. Douglas W. King of 1315 Manawagonish Road appeared in support of his application and expressed agreement with the above recommendation of the Planning Advisory Committee's recommendation with respect to the proposed amendments. On motion of Councillor Rogers 82-724 COMMON COUNCIL JANUARY 7,1991 Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from Low Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from Low Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a first time: AND FURTHER that the by-law to amend the Zoning By-Law of the City of Saint John, by renumbering Section 520(2)(e) as Section 520(2)(e)(i) and adding the following as Section 520(2)(e)(ii): "(ii) notwithstanding sub-clause (i), a motel may be located at 1309 and 1315 Manawagonish Road.", be read a first time. Question being taken, the motion was carried. Read a first time the by-laws to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two lots located at 1315 and 1309 Manawagonish Road (L.R.I.S. Numbers 399790 and 399725), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a second time: AND FURTHER that the by-law to amend the Zoning By-Law of the City of Saint John, by renumbering Section 520(2)(e) as Section 520(2)(e)(i) and adding the following as Section 520(2)(e)(ii): "(ii) notwithstanding sub-clause (i), a motel may be located at 1309 and 1315 Manawagonish Road.", be read a second time. Question being taken, the motion was carried. Read a second time the by-laws to amend the Zoning By-Law of the City of Saint John. 82-725 COMMON COUNCIL JANUARY 7,1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the above re-zoning be pursuant to Section 39 of the Community Planning Act in accordance with the recommended restrictions and requirements for property use. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed amendment to the North End Plan, which forms part of the Municipal Development Plan, to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 101 Kennedy Street (L. RI.S. Numbers 377150 and 380535), containing approximately 72,000 square feet and located at the end of Kennedy Street, from Park and Open Space to Light Industrial classification; (b) re-zoning the same parcel of land from "RM-1" Three-Storey Multiple Residential to "1-1" Light Industrial classification; and (c) amending the City of Saint John Zoning By-Law by adding a new section 620(2)(c)(iii) notwithstanding (i) above or (d) a tavern or cabaret may be located at 101 Kennedy Street (L.RI.S. Numbers 377150 and 380535), to permit the re-zoning of the existing Ring Boat Yard to a Light Industrial classification to facilitate the rebuilding of the boat repair building and the construction of a new 40- seat lounge, as requested by Ring's Boat Yard, 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 fifteen letters from residents in opposition to aspects of the above proposal, as well as a copy of a letter from The North End Residents and Business Association in favour of the proposal; advising that, after consulting with the applicant, the Committee tabled the application in order that further information can be obtained to make a detailed recommendation; and recommending that the public hearing be held on January 7, 1991 but that no readings be given. Mr. Douglas Hickman of 81 Kennedy Street appeared in opposition to the above application on the basis that, while he does not object to the construction of a boating facility, he does object to the construction of a public lounge; explained that the subject property borders his property at the end of a quiet dead-end street and, having commented on his years of residence on Kennedy Street and other properties on this street owned by family members, expressed the opinion that a drinking establishment at the foot of a dead-end street, in an area where families are being raised, is not appropriate, nor will such an establishment add to the property values in this area. Mr. Hickman noted that Kennedy Street is narrow with parking restricted to one side only; advised that there are many children on this street and that there is always traffic from the Saint John Power Boat Club; and suggested that the hours of operation for a lounge would be disruptive to the neighbourhood. Mr. Hickman also advised that access to the water at the foot of Kennedy Street has been hindered for years by boats and sheds being stored on City-owned property and that vehicles also park in the area to use the applicant's facilities, and expressed the opinion that the subject property at the end of the street would be valuable to the City for the future installation of a sewage lift station. Mr. Hickman further advised that the access street shown on the applicant's plan has always been a street, known as Rowan Place, which leads to the adjacent property, and asked if this road is to be public or private; and, with 82-726 COMMON COUNCIL JANUARY 7,1991 regard to the applicant's indication that boats would be stored in his parking lot during the winter, asked where patrons to the lounge would park based on his experience that there should be three parking spaces per boat, and that the area in question is a flood plain in high spring freshets during which most, or at least, half of the property is under water; and asked what exactly will be constructed on the site and when, and how the zoning can be changed if there are no final plans available, referencing the indication in the submitted Planning staff report that confirmation of financial grants do not include the complete project as originally envisioned, resulting in the phasing of the project having been changed and it not being entirely clear at this time which elements will proceed. During discussion Mr. Hickman noted that the Saint John Power Boat Club maintains control of its bar through private membership, and Mr. Brown advised that a report on the condition of the property at the end of Kennedy Street and any action taken in this regard could be prepared for Council's next meeting. Mr. Robert Jackson of Quispamsis addressed Council in opposition to the above application, representing three properties on Kennedy Street, namely 44, 52 and 58 Kennedy, the latter of which he is part owner; and asked about the Common Clerk's indication that no letters of objection were received, to which Mrs. Munford confirmed that, while there were letters objecting to the initial public notice for the proposed Municipal Plan amendment and submitted to Council, no letters were addressed to Council in response to the public hearing advertisement. Mr. Jackson advised that the concerns expressed in the joint letter to the Planning Advisory Committee from him, A W. Gill and R. E. Boyer, are summarized in the Planning staff report to the effect that the general concept of a boat repair facility and marina at the subject site, with a lounge or bar license similar to the marina that currently exists in the area, would be worthwhile. Mr. Marshall Hoyt of Grand Bay, co-owner of 76 Kennedy Street, appeared in opposition to the placement of a lounge on the subject site; advised that he is in favour of re-zoning of the property to allow light industrial development on the basis that this could result in the appearance of the property being improved; and concluded that, in view of the number of children who play regularly on the street, a tavern/lounge could attract undesirable types of persons to the area, especially if such persons were driving after drinking. Mr. Hoyt confirmed that he would have no objection to the operation of a private club with the proper restrictions, similar to that operated by the Saint John Power Boat Club, on the subject site, but that his objection is to a public drinking establishment in the area. Mr. Ralph Carpenter, owner of the property and Ring's Boat Yard at 101 Kennedy Street, appeared in support of his application and expressed annoyance that, having improved the appearance of the subject property during his 7 -year ownership, the property has been referred to as an eye-sore, and clarified that the area blocked off, which was referred to by Mr. Hickman, is not owned by him. Mr. Carpenter explained that his proposal involves three phases, consisting of constructing a boat shed and repairing wooden boats, dredging the area in order to accommodate additional boats, and constructing a lounge, not a tavern; also explained that the proposed building would include washing/drying facilities for the boaters, a reception area and an area from which to sell boat parts and that there would be alcoholic beverages available, and expressed the opinion that, while the Saint John Power Boat Club is open to members only, his proposed facility should be open to the public. Councillor Rogers commented on the difference between a boat yard and a boat club, as well as on the Power Boat Club's special occasion license to serve alcoholic beverages, and asked if Mr. Carpenter is prepared to operate simply as a boat yard, and Mr. Carpenter confirmed that his proposal is a package deal including the three phases as explained. Mr. Carpenter also confirmed, in response to Councillor Landers, that he owns a shed which infringes on City property and commented on discussion with City staff about the possible purchase of property in the area. Councillor Fitzpatrick asked if Mr. Carpenter owns the property to the high- or low-water level line to which Mr. Rodgers replied that he is unable to respond immediately to the question of rights on water; and, in response to Councillor Flewwelling, Mr. Carpenter advised that the City has no easement for an existing water and sewerage line on the subject property. 82-727 COMMON COUNCIL JANUARY 7,1991 Mr. Allan Mason of St. Coeur Court appeared before Council in support of the proposed amendments; advised that he has been working with Mr. Carpenter on the project for 101 Kennedy Street; and explained that there are only three public liquor licenses currently available, being a lounge, tavern/beverage room and a licensed diningroom licenses, although private licenses are available as a separate option, and there is no longer available in excess of 20 categories of liquor licenses. In response to Councillor Flewwelling, Mr. Mason advised that the proposal is a for a 40-seat lounge, which is the minimum free-standing lounge size, and 487 square feet of space, and, in response to Councillor Coughlan's observation that the submitted Planning staff report indicates that recent discussions with the applicant have led to some agreement on what might be considered an appropriate licensed facility in the area, explained that the problem is that the special premises license, per se, no longer exists and it would be necessary to make separate application for each and every event which is limited to six or eight renewals a year; therefore, such option is not viable seven times a year on a revenue basis in a lounge with only a 40-person capacity. Mr. Mason also advised that he and Mr. Carpenter have prepared a letter of undertaking which they are willing to sign with the City controlling essentially the type of operation, the type of liquor license applied for, the type of entertainment that would be allowed, the hours of operation and duration. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, the application of Ring's Boat Yard for a Municipal Plan amendment, re-zoning and Zoning By-Law text amendment with respect to 101 Kennedy Street, be laid on the table pending a detailed recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to add a new section 310(2)( c)(iii) as follows: "(iii) notwithstanding (i) above, a surface parking area, located at 15 to 25 Exmouth Street (L.R.I.S. Numbers 13144, 13136, 13128) and 43-55 Exmouth Street (L.R.I.S. Numbers 13078, 13060, 15842, 13052), may be used for the purposes of providing parking for uses which are not located and permitted in the same zone.", to permit the establishment of surface commercial parking lots, not to include above-grade parking structures, to be operated at the specified locations, as requested by the Saint John Parking Commission, 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 a letter in opposition to the above proposal considered at the Committee's December 18, 1990 meeting at which the applicant requested that the application be tabled to permit an opportunity to discuss the proposal with a number of area residents; requesting that the public hearing be held as advertised and no readings be given until the Committee is able to make its final recommendation; and recommending that the application be tabled after the advertised public hearing. Debbie Palmer of 29 Exmouth Street appeared before Council on behalf of residents opposed to the above-proposed amendment; and explained that, while not in agreement with the proposal as presented, the residents would like to continue discussion in this regard, and concurred with the Planning Advisory Committee's recommendation to table the application so that discussion can continue. Ms. Palmer explained that the major argument against the proposal is the excess traffic to the small narrow street in question in view of the approximate 30 children going to school and playing daily, and the extreme traffic and parking problems on Exmouth Street for many years which have recently been alleviated with parking prohibited on one side of the street and residential parking permits, and the recommendation would bring 82 vehicles to Exmouth Street again daily; and Mr. Brown 82-728 COMMON COUNCIL JANUARY 7,1991 advised that a report could be prepared for submission to Council at its next meeting in response to Councillor Rogers' concern with regard to comments in the submitted letter of opposition about an abandoned, half-demolished, rodent-infested structure at 26 Exmouth Street. Mr. Richard Smith of the Saint John Parking Commission appeared in support of the proposed amendment, and advised that the Commission is prepared to meet with the residents to discuss the proposal further and make a decision on how to proceed. In response to Council queries, Mr. Smith advised that arrangements have already been made to lease the properties in question and that it is not the intention to purchase the properties and, with regard to the reference in the submitted letter of opposition to work that already has been carried out at 15-25 Exmouth Street, including the erection of a Saint John Parking Commission sign, explained that part of an agreement with Crossroads Cathedral was to demolish a building and, if the amendment was not enacted, arrangements would be made for the Commission to recover its cost, and also that it seemed appropriate, for cost-saving purposes, to utilize the bulldozer, which was doing the demolition on the Crossroads Cathedral lot adjacent to the Catholic Diocese lot, to do the grading work on the latter property at the same time. Mr. Smith explained that such work was carried out on the assumption that, because the property was already being used for parking purposes, the Commission need only convert the present parking lot into another parking lot; however, it was subsequently found that a Zoning By-Law text amendment was required. Mr. Smith apprised Council with respect to the number of vehicles the proposed parking areas would accommodate and regarding the leasing arrangements entered into with Crossroads Cathedral and the Catholic Diocese. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the application of the Saint John Parking Commission for a Zoning By-Law text amendment with respect to 15-25 and 43-55 Exmouth Street be laid on the table for further dialogue with residents and a final recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Street Closing By-Law with respect to stopping up and closing a portion of George Street, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed street closing. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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", with respect to George Street, 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 Fitzpatrick 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", with respect to George Street, be read a second time. Question being taken, the motion was carried. 82-729 COMMON COUNCIL JANUARY 7,1991 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". Jean Donaldson, Labor Consultant, addressed Council on behalf of the Vocational Training Centre of Renforth, N.B., which is a non-profit organization sponsored by Health and Community Services whose purpose is to serve as an employment centre for handicapped individuals, and noted that the previously- submitted brief and information distributed to Council members at this meeting explains the purpose of the Vocational Training Centre, its location and responsibilities to the individuals the Centre serves. Ms. Donaldson explained that the purpose of her appearance before Common Council is to introduce the Vocational Training Centre in the event that any handicapped individuals apply for employment within the City of Saint John, but mainly that her presence at this meeting will help not only the Council members, but the public, to have a better understanding of the severe unemployment rate among handicapped individuals in the Greater Saint John area. Ms. Donaldson cited statistics related to the number of handicapped persons in Canada and the number unemployed; commented on the Centre's employees who are trained in the field of human services, and the manner in which the Centre's employees are involved with handicapped persons during their training program to integrate them into the workforce, and asked that, should employment opportunities for handicapped persons arise within City departments, the City contact her at the Vocational Training Centre. Ms. Donaldson, in response to Council queries, advised that the Centre's staff members are human service counsellors and that the Vocational Training Centre is not in competition with any other group, such as the Maritime Opportunities Centre, and that such organizations serve the same purpose; and also advised that the Vocational Training Centre serves approximately 40 mentally-handicapped adult persons. Mr. Michael O'Neill appeared before Council regarding the previously- submitted petition from residents of Woodlawn Park, Lucas Subdivision, Harbourview Subdivision, requesting that Common Council instruct the Saint John Transit Commission to affix to its routes and schedules, of either the Champlain Heights or East Jean/Bayside bus runs, a systematic service to residents of Woodlawn Park and Lucas Subdivision, extending the route from the intersection of Red Head Road and Bayside Drive to Lucas Subdivision in a circuit manner. Mr. O'Neill also requested clarification of the name of the subdivision as to whether it is Woodlawn Park or Harbourview or Lucas Subdivision, and advised that the quality of life in this area would be greatly enhanced even with limited transit service, providing the residents could use the service to get to work on time and to access the downtown core for recreational and personal use. The Mayor, in noting that City staff should determine the appropriate subdivision name, asked if Mr. O'Neill has discussed the matter of transit service with the Saint John Transit Commission, to which Mr. O'Neill replied in the negative on the basis that he considered that the appropriate forum to address the matter, with referral to the Commission, was at a Common Council meeting, although he would have no problem approaching the Commission directly if that is in order, whereupon the Mayor explained that the Commission is an independent body which does not take direction from Council and that Council only approves its operating budget; however, Council could refer the matter to the Commission for consideration in anticipation that the residents would be invited to discuss the matter with the Commission; and advised that Council would render a decision with respect to Mr. O'Neill's presentation later in the meeting. The Mayor called for a motion to receive and file Jean Donaldson's presentation on behalf of the Vocational Training Centre and forward the matter to the City Manager and the Human Resources Department. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the presentation of Jean 82-730 COMMON COUNCIL JANUARY 7,1991 Donaldson on behalf of the Vocational Training Centre be received and filed and forwarded to the City Manager and the Human Resources Department. Question being taken, the motion was carried. Messrs. H. Meinhardt, Chairman; J. Shackleton, General Manager; and S. Appleby, Assistant General Manager, of The Market Square Corporation, were present at the meeting, and Mr. Meinhardt summarized the previously-submitted 1989 Annual Report of The Market Square Corporation and responded to Council queries with respect to RGL Developments Ltd.'s proposal to develop condominium units in the air space parcel adjacent to the Hilton Hotel, which the developer now considers too expensive to construct; concerning the condition of the pedestrian walkway connecting the Market Square complex to the Hilton which is being addressed by the Bank of Nova Scotia, along with Cadillac-Fairview Corporation; and respecting how the percentage of commercial space leased at the end of 1989 compares to the end of 1988, being almost the same at the end of 1989, with a number of spaces now empty due to plans of Cadillac-Fairview Corporation, along with the Bank of Nova Scotia, to revamp the interior spaces of the complex which is currently being undertaken. (Councillors Knibb and Rogers withdrew from the meeting during the above discussion.) Mr. Meinhardt summarized the previously-submitted 1989 Annual Report of The Market Square Parking Garage and, in response to Councillor A Vincent's question about a cost difference, if any, in the operation of the Parking Garage by the Saint John Parking Commission rather than by Can park Services, Mr. Meinhardt replied that there would be no difference and that the firm was hired because of its experience in the business. Councillor A Vincent asked that Council be provided with information relative to price as, in his opinion, a monetary saving could result from hiring the Commission to operate the facility. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that the 1989 Annual Reports of The Market Square Corporation and The Market Square Parking Garage be received and filed. Question being taken, the motion was carried. The Mayor called for a motion to receive and file and forward to the Saint John Transit Commission the presentation by Mr. Michael O'Neill on behalf of residents of Woodlawn Park, Lucas Subdivision and Harbourview Subdivision. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the presentation by Mr. Michael O'Neill on behalf of residents of Woodlawn Park, Lucas Subdivision and Harbourview Subdivision, requesting the provision of transit service to the area, be received and filed and forwarded to the Saint John Transit Commission. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. John P. Barry, Q.C., President of the New Brunswick Lung Association, requesting financial assistance with respect to the 1991 Canadian Lung Association Conference to be held in Saint John in June -- be referred to the City Manager for review and a recommendation to Council. Question being taken, the motion was carried. 82-731 COMMON COUNCIL JANUARY 7,1991 (Councillors Knibb and Rogers re-entered the meeting.) On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of a memorandum from FCM requesting resolutions for consideration at the 1991 Annual Conference to be held in St. John's, Newfoundland, in June -- be referred to the City Manager and the Executive Team for preparation of resolutions for Council's consideration as soon as possible. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the following recommendations of the Nominating Committee be adopted:- (1) That Mr. AI Bennett be appointed to the Board of Directors of Aitken Bicentennial Exhibition Centre, Inc., replacing Frank J. Hogan, who has resigned. (2) That Roly Macintyre and John H. Walker be appointed to the Board of Trustees of Lord Beaverbrook Rink At Saint John, Inc. for a term of three years effective January 1, 1991. (3) That Brian Beckingham and William Leahy be appointed to the Planning Advisory Committee for a term of three years effective January 1, 1991. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that copies of letters of appreciation to the Mayor from delegates to the Society of American Travel Writers Conference in Saint John be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that copies of further letters of appreciation to the Mayor from delegates to the Society of American Travel Writers Conference in Saint John be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager advising that, with regard to the December 10, 1990 presentation to Council by St. Peter's School students concerning Shamrock Park, the Parks Department has investigated the students' claims and reports that (1) security is provided in all parks during the summer season; (2) the Police Department has agreed to increase patrols in the Park and keys for the Park have been forwarded to the Police Department as indicated in the submitted copy of a letter from the Chief of Police to the City Manager; (3) a litter clean-up of the Park has taken place; (4) staff will monitor the situation over the next months, and it is felt that, with the heavy usage, security, Police patrols and lighting during sporting events, a telephone hotline is not necessary at this time; and (4) lights are on for the sporting events in the Park until midnight during the heavy use season from mid-May to mid-November, seven days, which means that the Park is well- lighted most of the time; and concluding that staff of the Parks Department will continue 82-732 COMMON COUNCIL JANUARY 7,1991 to monitor Shamrock Park in hopes that further action will not be necessary -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from the City Manager submitting a brochure concerning the Douglas Avenue Management Plan Study and public meetings to be held in this regard, and advising that these brochures are currently being mailed to all Douglas Avenue residents and landowners -- be received and filed. Question being, taken the motion was carried. Read a letter from the City Manager submitting a summary of Mr. Stewart MacKenzie's application for funding through the Housing Through lnfill Development Program relative to a project at 248 Prince William Street, involving the construction of four townhouse units available for sale; advising that decisions on the need for variances etcetera will be subject to the review of the final plans submitted and that, as the site is within the Trinity Royal Preservation Area, the development will be subject to approval by the Preservation Review Board; and recommending approval of H.I.D. funding in the estimated amount of $44,175. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Housing Through lnfill Development funding estimated at $44,175 be approved in favour of Mr. Stewart MacKenzie relative to the construction of four townhouse units at 248 Prince William Street, subject to submission of plans acceptable to the Director of Housing and Property Management and the Preservation Review Board. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager advising that, due to an administrative oversight, the public notice was not prepared within the required time frame and not inserted in the newspaper in sufficient time for a January 21, 1991 public hearing with respect to the proposed re-zoning of 257 Westmorland Road, which was the subject of an application from Jamie Bastarache and Jean Peters considered by Council on November 26, 1990; therefore, a new public hearing date must be authorized by Council so that required public notice can be given and the Planning Advisory Committee can consider the application; and recommending that a public hearing date be set for February 18, 1991 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that staff of the Purchasing and Fire Departments have reviewed the four tenders received for the supply of suits, breathing apparatus and radio equipment for a truck in the Hazardous Materials Response Unit and concluded that the bids of Leavitt Safety Ltd. and Resqtech Systems Inc. are the only ones to meet the specifications and requirements, and that, although the product recommended in item #1 is substantially higher in price, it is the only unit which does not require a second suit to be worn over it, and that the breathing apparatus and radios are compatible with item #1 and therefore are recommended by the suit manufacturer for use with his garment; also advising that the total value of this tender, awarded as recommended, is $55,175; and submitting a 82-733 COMMON COUNCIL JANUARY 7,1991 recommendation with respect to the tender award. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender for hazardous materials equipment be awarded as follows:- item #1 be awarded to Leavitt Safety Limited of Oakville, Ontario, and items #2-6 inclusive be awarded to Resqtech Systems Inc. of Woodstock, Ontario, at the prices shown in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the City Manager submitting a copy of the resolution concerning the 1991 budget of the Cities Association of New Brunswick which, in accordance with the provisions of the Association's Constitution, Article IV, Section II, is a request for payment of dues assessed to the City of Saint John in the amount of $16,357, consisting of a foundation payment of $3,000 and an additional amount of $13,357 allocated to the City according to the current formula, which represents an increase of approximately $3,300 over the 1990 dues, the difference being the foundation grant to cover the 1991 expanded budget; and recommending payment of $16,357 for the City of Saint John membership dues in the Cities Association of New Brunswick -- be received and filed and the recommendation adopted. 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 Bon Accord Drive, which was given first and second readings on December 17, 1990. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Bon Accord Drive, 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 Clarendon Street, which was given first and second readings on December 17, 1990. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb 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 Clarendon 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. 82-734 COMMON COUNCIL JANUARY 7,1991 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 the Residential Parking Permit Program, which was given first and second readings on December 17, 1990. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling 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 the Residential Parking Permit Program, 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. Consideration was given to a letter from the City Solicitor noting that, upon the recommendation of the City Manager, Council has authorized that the Solid Waste By-Law, known as the Garbage By-Law, be amended to allow refuse collection at specific collection sites within townhouse developments which do not front on public streets; and submitting for Council's consideration of first and second readings a proposed amendment prepared in conjunction with Mr. W. Edwards of the City's Works Department. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, N.B.", be read a first time. Mr. Robichaud, in response to Councillor Fitzpatrick, advised that he could provide information to Council with respect to a possible monetary saving by the proposed collection method rather than the manner in which it has been done and as to the cost of providing the proposed collection in mobile home parks. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, N.B.". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, N.B.", 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 For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, N.B.". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates, 82-735 COMMON COUNCIL JANUARY 7,1991 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 Water And Sewerage", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Appraisal Institute of Canada advising that the Saint John (Fundy) Chapter of the Institute will be hosting the 1991 Annual Appraisal Conference in May, and requesting a donation of $1,000 which will sponsor, in the name of the City of Saint John, an afternoon coffee break -- be referred to the City Manager for a report to Council concerning a grant formula. Councillor Coughlan initially suggested that, while the above request could be referred to the grants committee, Council should be apprised of the status of unspecified grant awards on the basis that Council seems to be inconsistent in this regard, and asked if Council is subscribing to a formula which was used in the past. Mr. Wilson replied that, while a Grants Advisory Board previously existed to review such requests from the point of view of number of persons attending conferences in the City, the length of their stay and any economic benefits, more recently the approach has been for Council to review such requests on an individual basis with a decision made on whatever information is available at the time. Councillor Coughlan proposed that such grant requests should be considered following staff's recommendation relative to all grants for conventions, and the Mayor suggested that the above matter should be referred to the City Manager for a report to Council as soon as possible. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Jackson's Signs & Designs advising of discussions with the Saint John Regional Hospital on doing full-size wall murals on designated areas of the Hospital, and asking if the City of Saint John would be interested in donating a mural for the viewing pleasure of the patients, staff and visitors of the Hospital, with recognition to be on a plaque to be displayed in the Hospital -- be referred to the City Manager for a report and recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Moosehead Skate To Care '91 requesting the City's continued support as provided in previous years relative to the Rockwood Park facilities for the Skate '91 event to be held on February 9, 1991 at Lily Lake -- be received and filed and the City continue to support the Moosehead Skate To Care '91 event as in the past. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Saint John Central Business Development Corporation submitting information concerning the Canada/New Brunswick Cooperation Agreement on Urban Economic Development; and requesting Council to appoint a representative to the Steering Committee to direct the program -- be referred to the Nominating Committee. 82-736 COMMON COUNCIL JANUARY 7,1991 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that authority be granted for payment of the FCM invoice in the amount of $7,829.05 representing the City's membership fee for April 1 , 1991 to March 31, 1992. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Andrew C. Leonard for the re-zoning of property at 28 Water 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 18,1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Grand Chapter of New Brunswick, Order of the Eastern Star, requesting, once again, the City's support for 1991 by the placement of a City of Saint John advertisement in New Brunswick's Eastern Star Magazine, at a cost of $120 as indicated on the submitted invoice -- be received and filed and Council support the Grand Chapter of New Brunswick by placing an ad in the Eastern Star Magazine. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Mr. Paul Clark, General Manager, NB Division of Weldco Oxygen East, requesting to withdraw the application for an amendment to the Section 39 conditions of re-zoning of 3287 Westfield Road, which was considered by Council on December 10, 1990 at which time a public hearing was scheduled for February 4, 1991 -- be received and filed and the request be granted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk 82-737 COMMON COUNCIL JANUARY 7,1991