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1991-02-18_Minutes 82-798 COMMON COUNCIL FEBRUARY 18, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of February, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; D. Sherwood, Chief of Police; G. Ingraham, Assistant Deputy Chief of Police; R. McDevitt, Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; C. Campbell, Manager, Policy Planning; J. Bezanson, Heritage Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Coyne of Assumption Parish offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of February 11, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed February 17 to 23 to be Kinsmen Week in the City of Saint John; noted that the week of February 17 to 23 was also proclaimed as Guide and Scout Week in the City; and, having proclaimed February 17 to 23 to be Heritage Week, and February 18 as Heritage Day, welcomed to the Council Chamber Mr. Mark Hayward, Chairman of the Saint John Preservation Review Board who, following a slide presentation depicting work carried out by those persons to whom 1991 Heritage Awards are to be presented, along with the Mayor, presented 1991 Heritage Awards to Mr. Bert Glendenning accepting on behalf of Ms. C. Anne Hale in the category of publication for her book, "Rebuilding of Saint John, New Brunswick, 1887-1881"; Mr. Harold Wright in the category of Heritage Advocate in recognition of Mr. Wright's exhibits on local heritage, several publications and his activity in the Partridge Island Project and the Chipman Hill properties, and the research project recently completed on the Quinton Farmhouse on Manawagonish Road; and, in the category of building commercial facade rehabilitation with respect to the building at 12-14 King Street, to Mr. John Wallace accepting on behalf of Mr. John E. Irving for the rehabilitation of the storefront, to Mr. J. Comeau accepting on behalf of Comeau- MacKenzie Architecture Partnership, designer for the rehabilitation work, and to Mr. D. Baxter, contractor for the rehabilitation of the storefront. Mr. Hayward distributed to Council members at this time a brochure on Practical Preservation Guidelines designed to be of assistance to property owners of heritage homes or any older-style homes in the City; and the Mayor thanked the members of the Board for their efforts on behalf of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that an item regarding the resignation of the City Manager be added to the agenda for consideration at this meeting. 82-799 COMMON COUNCIL FEBRUARY 18, 1991 Question being taken, the motion was carried with Councillor A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter dated February 15, 1991 from Mr. Gerry Taylor, City Manager, advising the City of his resignation to be effective February 15, 1991, be received and filed: AND FURTHER that the City pay to Gerald Taylor a sum comprised of the normal adjustments together with four months severance pay and associated monetary fringe benefits. Question being taken, the motion was carried with Councillor A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that Mr. Daryl Wilson be appointed Acting City Manager. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, three parcels of land at 551, 565 and 567 Rothesay Avenue (L.R.I.S. Numbers 304576,304584 and 306118), located on the western side of Rothesay Avenue and presently occupied by MacKnight Motors Limited, from Light Industrial to Heavy Industrial classification; and (b) re-zoning the same parcels from "1-1" Light Industrial to "1-2" Heavy Industrial classification, to place the parcels in a Heavy Industrial designation and zoning classification in which the existing auto repair and recycled auto parts business will be a permitted use, as requested by MacKnight Motors Limited, and that a letter of objection was received from Canavan's Insurance Appraisal (NB) Limited. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report and two letters from adjacent Rothesay Avenue businesses in opposition to the above proposal which were considered at the Committee's February 12 meeting; and recommending that (1) the application to reclassify the subject site from Light Industrial to Heavy Industrial classification be denied; and (2) appropriate measures be continued through the legal system to ensure the applicant's compliance with the current "1-1" Light Industrial zoning classification. Mr. D. Ferguson of 579 Rothesay Avenue appeared in opposition to the above-proposed amendments and advised that his prime concern relates to the traffic volume in that in 1989 the westbound traffic flow in the subject area was 25,000 cars a day, which was before the McAllister Mall expansion, and there was also a traffic count of 19,000 from the east on McAllister Drive. Mr. Ferguson noted that this is Mr. MacKnight's second attempt in the past four years to re-zone his property, as well as the City's action against the applicant in an attempt to remedy the unsightly condition of the property, and circulated photographs of the property in question. Mr. Ferguson also noted that the subject property is on the flood plain and asked what use the applicant intends to make of the property if it is re-zoned. Mr. Alden MacKnight of 9 Rockwood Avenue, President of MacKnight Motors Limited, appeared in support of his application; commented on his 32-year business operation on Rothesay Avenue involving reducing, reusing and recycling and the continual conflict with the City in this regard; and asked why, as he was unaware when he first started the business that he was operating in an improper zone, a proper zoning was not made for the operation. 82-800 COMMON COUNCIL FEBRUARY 18, 1991 During discussion Mr. MacKnight explained that the re-zoning is requested so that his business can carry on in the subject location until it can be financially moved to another location and, with regard to the unsightly condition of the subject property and the City's action in this regard, Mr. MacKnight explained that most of the cars on the site have been placed there recently until there is an opportunity to place them elsewhere; and, in response to a question as to whether or not Mr. MacKnight has a business plan for the future, he indicated in the affirmative and explained that he would like to stay in operation at the site in question until the business is sold in that negotiations are underway now with a potential purchaser for part of the property and he is actively trying to get others to buy the remainder of the property, with the intent being to try to obtain funds to re-establish the business on Ashburn Lake Road. Ms. Marilyn MacKnight of 81 Simpson Drive appeared in support of the above application on the basis of the employment provided by the business of autobody repair and recycling, and asked that Mr. MacKnight be given an opportunity to remain at the subject location without further persecution or torment in the current location until he can remove his business from its present location of many years and that, if the re-zoning is not approved, until he can comply. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, (1) the application of MacKnight Motors Limited to reclassify the property at 551, 565 and 567 Rothesay Avenue from Light Industrial to Heavy Industrial classification be denied; and (2) appropriate measures be continued through the legal system to ensure the applicant's compliance with the current "1-1" Light Industrial zoning classification. Mr. Bedford, in noting that the "1-1" classification permits a variety of industrial and commercial uses, advised that, while he is not aware in detail of the specific elements of the subject property's use at the present time, the site is presently described as an auto and salvage yard which is not listed as a permitted use in the "1-1" zone. The Mayor questioned the status of a letter that was to have been forwarded to Mr. MacKnight concerning the contemplation of an agreement in order to bring the area up to conformity to which Mr. Rodgers replied that he was informed by the former City Manager that such correspondence, which was to have originated from a Committee of the Whole meeting, had been sent out. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) 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 6.5-acre parcel of land at 365 Ashburn Road (L.R.I.S. Number 55071153), located on the north side of Ashburn Road, from Low Density Residential to Light Industrial classification; and (b) re-zoning the same parcel of land from "RR" Rural Residential to "1-1" Light Industrial classification, to permit the continued development of vehicle storage compounds for Loyalist City Towing, as requested by Loyalist City Towing Ltd., 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 recommending that (1) Schedule 2-A of the Municipal Plan be amended by 82-801 COMMON COUNCIL FEBRUARY 18, 1991 redesignating, from Low Density Residential to Light Industrial classification, a 6.5-acre parcel of land located on the north side of Ashburn Road (L. RI.S. Number 55071153); (2) the same parcel be re-zoned from "RR" Rural Residential to "1-1" Light Industrial classification; (3) the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act: (a) limiting the use to a vehicle storage compound; (b) requiring that the property be developed in accordance with a site plan approved by the Development Officer indicating the following: (i) site layout and relationship to existing operation at 341 Ashburn Road; (ii) location of vehicle storage compound; (iii) fence location and details; (iv) a minimum 6-metre (20 foot) wide landscaped buffer along the front lot line consisting of a continuous row of evergreen trees; (v) retention of the existing vegetation on all parts of the property having an elevation in excess of approximately 25 feet above sea level; and (vi) location, size and design of signage; and (c) requiring that the site improvements indicated on the site plan be completed by October 31, 1991; and (4) third reading of the proposed amendment not be given until the required site plan has been submitted and approved. On motion of Councillor Knibb 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, a 6.5-acre parcel of land at 365 Ashburn Road (L.RI.S. Number 55071153), located on the north side of Ashburn Road, from Low Density Residential to Light Industrial 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 Knibb Seconded by Councillor M. Vincent 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, a 6.5-acre parcel of land at 365 Ashburn Road (L.RI.S. Number 55071153), located on the north side of Ashburn Road, from Low Density Residential to Light Industrial 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 6.5-acre parcel of land at 365 Ashburn Road (L. RI.S. Number 55071153), located on the north side of Ashburn Road, from "RR" Rural Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 6.5-acre parcel of land at 365 Ashburn Road (L. RI.S. Number 55071153), located on the north 82-802 COMMON COUNCIL FEBRUARY 18, 1991 side of Ashburn Road, from "RR" Rural Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time: AND FURTHER that as recommended by the Planning Advisory Committee, third reading of the above-proposed amendment not be given until the required site plan has been submitted and approved. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 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; and (b) re-zoning the same parcel of land from "1-3" Light Industrial Park to "RM-1" Three-Storey Multiple Residential classification, to permit the existing office building to be converted to a six-unit apartment building, as requested by Maurice Muir, Rose Muir and R Jeffrey Muir, 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 of objection to the above proposal which were considered at the Committee's February 12 meeting; and recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from Light Industrial and Open Space to Medium Density Residential classification, a triangular parcel of land located at 100 Kierstead Road (L. RI.S. Number 467696); (2) the same parcel be re-zoned from "1-3" Light Industrial Park to "RM-1" Three-Storey Multiple Residential classification; (3) the re-zoning be subject to a resolution pursuant to Section 39 of the Community Planning Act requiring that the property be redeveloped in accordance with a site plan approved by the Development Officer indicating the following: (a) a properly drained asphalt parking area enclosed by poured-in-place concrete curbs and providing a minimum of eight parking spaces; and (b) landscaping of all areas not occupied by the building and parking area with grass, shrubs and trees; and (4) the required site improvements be completed within one-year of building permit approval. (Councillor Fitzpatrick re-entered the meeting.) Mr. Maurice Muir appeared in support of the above-proposed amendment and explained that the reason for the proposed change in zoning is because renting the office building has not been profitable, nor has the building maintained itself in probably five years and, while he purchased the property just over a year ago with the intent that possibly new business might be generated, the situation has not changed much; therefore, a change to apartments and improvements in the property is contemplated. Mr. Muir advised that a conversion to a six-family building would be carried out by adding 15 feet to the end of the building thereby creating six two-bedroom apartments and that, in phase 2, it is the intent to completely renovate the exterior which would beautify the property, as well as to remove some of the parking lots and put in more green area which should improve the property immensely and bring back into conformity all the property on that side of the street which is residential at the present time with the exception of two properties at the foot of the hill. 82-803 COMMON COUNCIL FEBRUARY 18, 1991 Mr. Muir confirmed that he is agreeable to the Planning Advisory Committee's recommendation which will require him to submit a new plan due to changes in the parking lot, and Mr. Bedford clarified that recommendation (4) above is to be included in the recommended Section 39 conditions of re-zoning as (c) and, in response to Council queries, confirmed that the proposal for six two-bedroom apartments, if approved, could not be changed at the applicant's discretion and, regarding a concern about the effect of the re-zoning on self-contained homes in the area, advised that, while there are a few residences along First Avenue, there is no access from First Avenue to the subject site which only gains access to Kierstead Road; therefore, staff envisages no negative impact on nearby residents. On motion of Councillor Knibb Seconded by Councillor Coughlan 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, 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, 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 Flewwelling Seconded by Councillor M. Vincent 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, 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, 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 Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a triangular parcel of land located at 100 Kierstead Road (L. RI.S. Number 467696), from "1-3" Light Industrial Park to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a triangular parcel of land located at 100 Kierstead Road (L. RI.S. Number 467696), from "1-3" Light Industrial Park to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. 82-804 COMMON COUNCIL FEBRUARY 18, 1991 Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed 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 the proposed re-zoning of 257 Westmorland Road (L.R.I.S. Number 316893), located on the southern side of Westmorland Road, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, to permit the establishment of three separate residential dwelling units in the existing two-family building, as requested by Jamie Bastarache and Jean Peters, and that no written objections were received in this regard, with a letter having been received from the applicant submitting a copy of the proposal for the re-zoning of the property. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report recommending against the re- zoning, which was considered at the Committee's January 15 meeting at which the applicant was present and noted that he has an offer to purchase the subject site which is contingent on re-zoning, and three area residents spoke in opposition to the re- zoning indicating that they had spoken against previous re-zoning applications for the same reasons, including precedence, impact and wanting to have the area remain "R- 2" as it was when they purchased their homes, and that five letters opposing the application were received by the Committee from area residents; and recommending that the re-zoning of 257 Westmorland Road (L.R.I.S. Number 316893), located on the southern side of Westmorland Road, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be approved on condition that (a) the number of dwelling units in the building is no more than three; (b) no exterior additions are made to the building; and (c) a site plan be submitted for Development Officer approval prior to the issuance of a building permit. Mr. Leroy Creamer of 245 Westmorland Road appeared in opposition to the above re-zoning in support of his letter of objection forwarded to the Planning Advisory Committee on the basis that, in his opinion, approval should not be granted for the subject profit-orientated project and that, as the owner does not reside at the subject site, the re-zoning is wanted for the purpose of reselling the property. During discussion Mr. Creamer clarified that, if the re-zoning was approved, other future re-zonings could result and the area would be opened up to other development of this nature; and Mr. Bedford suggested that part of the concern relates to the name of the zone being proposed; however, while an "R-4" zoning would permit four-family residential units, as there is no "R-3" zoning, the Committee is recommending a condition limiting the number to no more than three units. Mr. George Young of 255 Westmorland Road appeared in opposition to the above application. Mr. Ronald Ellis of 253 Westmorland Road spoke in opposition to the above application on the basis that, when he purchased his home in November, he was told by the real estate agent and the person from whom he purchased the house that the area was zoned for one- and two-family dwellings, and, if the proposed re-zoning was approved, further re-zoning for three-family dwellings could occur. During discussion Mr. Ellis expressed the understanding that the building on the subject property is the only one in the area which is large enough to accommodate three families and that the other homes are one- and two-family dwellings. 82-805 COMMON COUNCIL FEBRUARY 18, 1991 Mr. Jamie Bastarache of 8 Baycrest Drive appeared in support of the above application; expressed agreement with the Planning Advisory Committee's recommendation; and advised that, having submitted his proposal to Council, he is present to answer any questions in this regard. Mr. Bedford clarified that, if Council approves the Planning Advisory Committee recommendation, the re-zoning should be approved subject to a Section 39 resolution imposing the stated conditions. On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning 257 Westmorland Road (L.R.I.S. Number 316893), located on the southern side of Westmorland Road, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning 257 Westmorland Road (L.R.I.S. Number 316893), located on the southern side of Westmorland Road, from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a portion of a lot known as both 28 Water Street and 85 Prince William Street (L.R.I.S. Number 11361), from "T" Transportation to "B-3" Central Business classification, to place all of this property which runs between Prince William Street to Water Street in the "B-3" Central Business zone so as to permit a liquor-licensed facility to be developed on the Water Street frontage, as requested by Mr. Andrew C. Leonard, 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 and two letters of objection regarding the application, and recommending that the portion of a lot known as both 28 Water Street and 85 Prince William Street (L.R.I.S. Number 11361) be re-zoned from "T" Transportation to "B-3" Central Business classification. Mr. Andrew Leonard of 31 Queen's Square North appeared in support of his application to respond to any Council queries. 82-806 COMMON COUNCIL FEBRUARY 18, 1991 On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a portion of a lot known as both 28 Water Street and 85 Prince William Street (L.R.I.S. Number 11361), from "T" Transportation to "B-3" Central Business classification, be read a first time. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a portion of a lot known as both 28 Water Street and 85 Prince William Street (L.R.I.S. Number 11361), from "T" Transportation to "B-3" Central Business classification, be read a second time. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to conditions attached to the 1972 re- zoning of Prince Edward Square, 20 Prince Edward Street (L.R.I.S. Number 18275), to permit an additional sign, being the installation of a 14-foot Zellers sign on the side of the building, as requested by Atlantic Plastic & Neon Sign Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the Section 39 conditions attached to the May 8, 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (L.R.I.S. Number 18275), be amended to permit a 4.3 metre (14 foot) sign on the side of the mall building facing Chown Field Park. No person was present with respect to the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions attached to the May 8, 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (L.R.I.S. Number 18275), be amended to permit a 4.3 metre (14 foot) sign on the side of the mall building facing Chown Field Park. Question being taken, the motion was carried. 82-807 COMMON COUNCIL FEBRUARY 18, 1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 379-381 Somerset Street (L.RI.S. Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from Low Density Residential to District Centre Commercial classification, to allow re-zoning of the property from "B-1" Local Business to "B-2" General Business classification, for the construction of a workshop, maintenance and storage facility for a health care equipment business, as requested by Apollo Properties Ltd. Notice had been given to Hien Trung Chau et ux (Mai Phoung) - Owner, to appear at this meeting of the Common Council to show cause, if any, why the building located at 101 Prince Edward Street (L. RI.S. Number 12443), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. No person was present to speak either in opposition to or in favour of the recommended demolition. Mr. Johnson displayed photographs of the above-mentioned three-storey woodframe building, which he noted were taken in November, December and January, and advised that, as this building was damaged by fire in October 1990 to more than 50% of its value, the By-Law pursuant to the Saint John Building Act 1925 requires that the building be demolished. Mr. Johnson also advised that the owners failed to comply with the letters sent to them under his signature pursuant to the By-Law; therefore, he is before Council at this time pursuant to the Saint John Building Act 1925 requesting that Council order the building demolished as it is dangerous and open to the public. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that notice having been given to Hien Trung Chau et ux (Mai Phoung) - Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 101 Prince Edward Street (L.RI.S. Number 12443) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 101 Prince Edward Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Hien Trung Chau et ux (Mai Phoung) is required to remove or destroy the said building situate at civic number 101 Prince Edward Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Hien Trung Chau et ux (Mai Phoung), to remove or destroy the said building situate at 101 Prince Edward Street in the City of Saint John, in compliance with the request of such notice that the Building Inspector cause such work to be done and the cost thereof recovered from the said Hien Trung Chau et ux (Mai Phoung). Question being taken, the motion was carried. Ms. Shirley McAlary, President of the Saint John Central Business Development Corporation, presented slides concerning the design guidelines and a procedure for applicants to follow to obtain grant funding for facade renovations in the Business Improvement Area of Uptown Saint John, the Corporation being the lead agency in Saint John for implementing the programs of the Canada/New Brunswick 82-808 COMMON COUNCIL FEBRUARY 18, 1991 Cooperation Agreement on Urban Economic Development. Ms. McAlary distributed to Council members information on the guidelines and procedure for grant funding. (Councillors Coughlan and Davis withdrew from and Councillor M. Vincent re-entered the meeting during the above presentation.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the City of Saint John endorse the program for grant funding for facade renovations in the Business Improvement Area of Uptown Saint John, and commend those who assisted in making it possible. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a bulletin issued by the Public Relations Department of The Salvation Army announcing that, having become aware of the needs of homeless women or women who are in need of accommodation, it will be opening its doors on February 18, 1991 to a ten-bed facility at 36 St. James Street, and commending The Salvation Army for its action in this regard -- be received and filed and a letter of appreciation be forwarded to The Salvation Army in this regard. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that a matter regarding financial assistance for three curling rinks be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillor Davis re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a reminder from the Federation of Canadian Municipalities that the deadline for 1991 Conference resolutions is March 1, 1991 -- be referred to the Executive Committee for submission to Council for consideration resolutions for the 1991 FCM Conference. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that financial assistance in the amount of $200 per team be granted to Saint John curling teams skipped by Heidi Hanlon, Marlene Vaughan and David Buckle, who will be competing in national competitions. Question being taken, the motion was carried. 82-809 COMMON COUNCIL FEBRUARY 18, 1991 On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-9, Cedar Grove Crescent Water and Sewer Renewal QM Construction Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated February 13, 1991 Final holdback release $115,764.00 105,673.30 Nil 79,824.35 $ 25,848.95 Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the award of the tender for the supply of municipal castings which was further tabled at Council's February 11 meeting; advising that, during the week of February 4, there was no answer at the Central Castings Ltd. office to the telephone calls placed by the Purchasing Agent to advise Central Castings Ltd. that its tender was still under consideration and to ensure that its bid, which had been submitted 30 days previous, was still valid, on the basis that, normally, bids are open for acceptance for 30 days, and that there were rumours circulating during this time that Central Castings was no longer in business; and also advising that, on February 11, a telephone call was placed to the Town of Amherst, Nova Scotia, to determine if this Company was still in business and the response was that it is still on the assessment rolls; however, at the City's request, a physical check of the foundry showed that it was not open and there were no signs of activity at the plant. The report further advises that on February 14 the Manager of Central Castings advised that, because of the lack of business during the winter months, the foundry will not reopen until the middle of March but is quite anxious to produce the City's castings and, as to the question of the Company remaining in business, he advised that the Company has been for sale for a year and, if it did sell, the City's contract would be part of that sale; concludes that staff members of the Purchasing, Supply and Services and Water and Sewerage Departments have considered the new information and are satisfied that the March opening will have no adverse effect on the City's operations since orders for castings are not normally placed before April, and recommending that the previous reports on tenders for municipal castings be taken from the table and the recommendation contained therein for the tender award to Central Castings Ltd. and Canada Iron Castings Ltd. be accepted. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the tender of Canada Iron Castings Ltd. be accepted for the supply of municipal castings on an as-required basis for the period ending December 31, 1991, at the prices indicated in summary of bids submitted with the above report from the City Manager. In proposing the above motion, Councillor Fitzpatrick advised that he was so doing because of the problem with the castings received from Central Castings Ltd. in 1990. Question being taken, the motion was carried with the Mayor and Councillor Davis voting "nay". 82-810 COMMON COUNCIL FEBRUARY 18, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mrs. Alice Wilson advising that, having lived for the past sixteen years at 452 Milford Road, the City has always plowed and sanded the road so that trucks could make deliveries of fuel and groceries and so that there would be a place to walk, and that this year the City refuses to plow and sand the road, calling it a fire lane; also advising that her residence is located about 125 feet from Milford Road and there is another family living next door; and requesting Council to have the road to her residence plowed and sanded after each storm -- be referred to the Acting City Manager. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. Consideration was given to a copy of a letter to the Mayor's attention to the Editor from Cindy Kilpatrick commenting on the manner in which the City plowed Duke Street, between Sydney and Carmarthen Streets, which involved having cars towed and tickets issued, and suggesting that the City should seriously consider its policy because, if the Works Department thought it was doing the Street a service, it was wrong as it was a big waste of money, especially to her. Mr. Robichaud explained that, in every case when staff has made a decision to remove snow whether it be through the daytime or with a night crew, signs are posted well in advance of snow removal and are very visible and that, in every case, the Police Department will not tow a vehicle unless the signs are visible, and also that, if the City has advance notice of any type of activity in the uptown area, the City would either stay away from the area or attempt to carry out snow removal in advance in order to accommodate the situation. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that above copy of a letter to the Mayor's attention to the Editor from Cindy Kilpatrick be received and filed. The Mayor noted that the City no longer uses loudspeakers or noise alerts to make residents aware of vehicles being towed during snow removal in view of complaints about the noise, and Mr. Robichaud advised that, while in some cases inquiries are made in an attempt to determine who owns parked vehicles, he is unaware of what was done in the case in question. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mr. Ellis J. Levine of Re/Max Professionals Ltd. offering to sell to the City, at $110,000, the Spectrum Enterprises' property at the corner of Loch Lomond Road and Hickey Road, noted as Parcel "B" on the submitted plan -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that the Common 82-811 COMMON COUNCIL FEBRUARY 18, 1991 Council of the City of Saint John express condolences to the family of the late Mr. Eldon Richardson, who passed away on February 13, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk