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1991-06-10_Minutes 82-969 COMMON COUNCIL JUNE 10, 1991 At a meeting of the Common Council, at the City Hall in the City Hall in the City of Saint John, on Monday, the tenth day of June, A. D. 1991, at 7:00 o'clock p.m. present Arthur L. Gould, Esquire, Deputy Mayor Councillors Davis, Fitzpatrick, Flewwelling, Knibb, 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. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; J. Johnson, Building Inspector; B. Thompson, Deputy Chief of Police; R. Johnston, Deputy Fire Chief; J. Baird, Manager - Development Division; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Lindsay Burt, Pastor of The Full Gospel Assembly, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June 3, 1991, be approved. Question being taken, the motion was carried. Councillor M. Vincent asked the status of a requested staff report on the inclusion in the 1991 Capital Budget of the matter of the extension of services on Charles Street in Lakewood Heights, which was tabled for two weeks on April 15, 1991, to which Mr. Robichaud, in confirming Mr. Wilson's observation that staff has been awaiting tender results to determine if there will be any monetary saving on capital projects, replied that it has not yet been determined if there will be surplus funds in the 1991 Capital Program for this project. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager (copies of which were forwarded to Council members as an information item), concerning dumpsters at the Spruce Lake landfill site, 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, a triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway (L.R.I.S. Number 55057343), from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcel of land from "R-1 B" One-Family Residential to "B-2" General Business classification, to permit the construction of an addition to the convenience and video store at 391 Lancaster Avenue, as requested by Welby Holdings Limited, and that no written objections were received in this regard. No person was present with respect to the proposed amendments. 82-970 COMMON COUNCIL JUNE 10, 1991 Consideration was given to a letter from the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from Low Density Residential to District Centre Commercial classification, a triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway, being NBGIC Number 55057343; and (2) the same parcel be re-zoned from "R-1 B" One-Family Residential to "B-2" General Business classification. 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 triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway (NBGIC Number 55057343), 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 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 triangular parcel of land located adjacent to 391 Lancaster Avenue and the Saint John Throughway (NBGIC Number 55057343), 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 Fitzpatrick 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 adjacent to 391 Lancaster Avenue and the Saint John Throughway (NBGIC Number 55057343), from "R-1 B" One-Family Residential to "B-2" General Business classification, 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 Fitzpatrick 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 adjacent to 391 Lancaster Avenue and the Saint John Throughway (NBGIC Number 55057343), from "R-1 B" One-Family Residential to "B-2" General Business classification, 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. 82-971 COMMON COUNCIL JUNE 10, 1991 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above letter from the Planning Advisory Committee 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 parcel of land at 171 Golden Grove Road (NBGIC Number 55057822), from "RS-2" One- and Two-Family Suburban Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the construction of a 3-storey apartment building with 6 units, as requested by Mr. Stephen B. Stuart, and that a written objection (copies of which were distributed to Council members at this meeting) was received from Gerry and Ethel Kane. Consideration was given to a letter from the Planning Advisory Committee advising that the Committee approved the recommendation in the submitted Planning staff report at its June 4 meeting at which a number of area residents opposed to the proposal were in attendance and six letters were received also in opposition; and recommending that the application to re-zone the subject site from "RS- 2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be denied. Mr. Leslie Jarvis of 178 Golden Grove Road appeared in opposition to the above-proposed re-zoning on behalf of residents of 161,165,167,170,173 and 178 Golden Grove Road; and advised that the residents' opposition is based on the following reasons:- (1) Golden Grove Road has already more than its share of apartment buildings which has caused problems as noted in a letter of May 29 to the Development Division; (2) the traffic situation in the area is already dangerous; (3) the property is much too small to house a building of the size proposed without interrupting the privacy and view of the present residents; (4) the parking for the proposed facility of 8 spaces for 6 units is a concern in that many families have 2 vehicles and there will be visitors to accommodate; (5) the owner of the adjacent lot might not want to develop his property after the proposed 6-unit building is constructed, which could lead to the construction of a second building which the residents do not want; (6) the effect on property value of the proposed building in this one- and two-family dwelling area; and (7) the concern of Mr. Mallory of 167 Golden Grove Road about the proximity of the parking lot for the proposed building to his property, as well as the concern of Mrs. Blair of 165 Golden Grove Road about the proximity of the building to her residence which is already mostly surrounded by apartment buildings. On motion of Councillor M. Vincent Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Stephen B. Stuart for the re-zoning of 171 Golden Grove Road be denied. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the above letters from the Planning Advisory Committee and Gerry and Ethel Kane 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 the City-owned parcel of land for public purposes containing approximately 6 acres and situated to the west of Allingham Crescent (L.R.I.S. Number 448118), from "P" Park to "R1-B" One-Family Residential 82-972 COMMON COUNCIL JUNE 10, 1991 classification, to facilitate an exchange for other public land in the Meadow Land Subdivision and the ultimate development for residential purposes, and that no written objections were received in this regard. No person was present with respect to the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that the City-owned parcel of land for public purposes containing approximately 6 acres situated to the west of Allingham Crescent (NBGIC Number 448118) be re-zoned from "P" Park to "R1-B" One-Family Residential classification. 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 the City- owned parcel of land for public purposes containing approximately 6 acres situated to the west of Allingham Crescent (NBGIC Number 448118), from "P" Park to "R1-B" One- Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the City- owned parcel of land for public purposes containing approximately 6 acres situated to the west of Allingham Crescent (NBGIC Number 448118), from "P" Park to "R1-B" One- Family Residential classification, 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 Flewwelling RESOLVED that the above letter from the Planning Advisory Committee 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 the parcel of land at 165-167 Loch Lomond Road (L.R.I.S. Numbers 322248 and 55036081), with a road frontage of approximately 121 feet and a lot area of approximately 42,674 square feet and located adjacent to Loch Lomond Villa Inc.'s existing development to the east of the subject site, from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to permit the development of a three-storey apartment building to contain approximately twenty one-bedroom apartments and ten two-bedroom apartments for senior citizens, as requested by Loch Lomond Villa Inc., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the application to amend the zoning classification of the above site from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification be approved pursuant to a Section 39 resolution that: (a) detailed site and landscaping plans are submitted to and approved by the Development Officer prior to building permit approval. 82-973 COMMON COUNCIL JUNE 10, 1991 Mr. Randall A. Hatfield, solicitor, appeared on behalf of the applicant in support of the above-proposed re-zoning; noted the presence at the meeting of Mr. 1. Jarrett, Administrator of the Loch Lomond Villa complex; and advised that the proposed building will be connected by pedway to the existing complex. Mr. Hatfield also noted that City staff has found the proposal to be in keeping with the area and a natural extension of the Loch Lomond Villa complex, and that the Planning Advisory Committee approved staff's recommendation. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 165-167 Loch Lomond Road (L.R.I.S. Numbers 322248 and 55036081), with a road frontage of approximately 42,674 square feet and located adjacent to Loch Lomond Villa Inc.'s existing development to the east of the subject site, from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the parcel of land at 165-167 Loch Lomond Road (L.R.I.S. Numbers 322248 and 55036081), with a road frontage of approximately 42,674 square feet and located adjacent to Loch Lomond Villa Inc.'s existing development to the east of the subject site, from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above letter from the Planning Advisory Committee 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 155-157 Bayside Drive (L.R.I.S. Number 343798), located at the northeast corner of Bayside Drive and Edith Avenue, from Low Density Residential to District Centre classification, to permit the proposed use of the property for a commercial business by re-zoning the parcel from "R-2" One- and Two-Family Residential to "B-2" General Business classification, as requested by Messrs. Roly Macintyre and John Walker. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Beatrice Ramsay expressing the opinion that parking 82-974 COMMON COUNCIL JUNE 10, 1991 meters should be taken out of the City on the basis that people are doing their shopping in malls rather than in uptown Saint John; and requesting that this matter be referred to the Parking Commission for review -- be referred to the Saint John Parking Commission for review. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor A. Vincent requesting that, in the future, all Councillors be notified by telephone in the event of a death of any City staff employees or retirees from the City -- be referred to the Acting City Manager to appoint a staff person to accommodate this request. Question being taken, the motion was carried. Read a letter from Councillor A. Vincent referring to Common Council resolution of February 4, 1991 authorizing the City Manager to call for proposals for a job evaluation of all managerial/professional positions in the civic administration; and requesting that Council be advised (1) who was successful in obtaining the job; and (2) when can Council expect an update or a final report on the review. Mr. Groody advised that 9 proposals were received in response to the proposal call which was advertised shortly after the February 4 Council meeting, and that staff is finalizing the evaluation of the proposals for a recommendation to Council in the very near future as to how to proceed with the job evaluation and, following the engagement of a consultant, the review will be conducted with a decision expected 3 or 4 months thereafter. With regard to the anticipated cost of a job evaluation study, Mr. Wilson advised that $25,000 was budgeted in this regard and that the proposals are being reviewed to the extent that a recommendation to Council might be for a proposal that will cost more than the budgeted amount. Councillor Davis expressed the opinion that, in view of the fact that Council is in the process of engaging a City Manager, it would be ill-advised at this time to consider a job evaluation process in that the new City Manager might have a different opinion on this matter. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that staff report to Council within the next 3 weeks on the above matter. Councillor Knibb expressed opposition to the above motion on the basis that the 3-week period is unfair and, in concurring with Councillor Davis observation with respect to a new City Manager, suggested that the above matter should be indefinitely tabled. Question being taken, the motion was carried with Councillors Davis and Knibb voting "nay". Notice had been given to Dorothea Helen Anthony as sole Executrix and Trustee of the Estate of Mary Winnifred Anthony to appear at this meeting of the Common Council to show cause, if any, why the building and shed located at 184 Anthony's Cove Road (L.R.I.S. Number 336271), 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 circulated photographs of the above-mentioned one-storey woodframe building and shed at 184 Anthony's Cove Road, which he advised are dilapidated, open, and clearly beyond repair, and recommended that Council adopt the submitted resolution. 82-975 COMMON COUNCIL JUNE 10, 1991 On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that notice having been given to Dorothea Helen Anthony as sole Executrix and Trustee of the Estate of Mary Winnifred Anthony, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building and shed located at civic number 184 Anthony's Cove Road (L.R.I.S. Number 336271) 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 and shed 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 and shed located at 184 Anthony's Cove Road in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Dorothea Helen Anthony as sole Executrix and Trustee of the Estate of Mary Winnifred Anthony, Owner, is hereby required to remove or destroy the said building and shed situate at civic number 184 Anthony's Cove Road 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 Dorothea Helen Anthony as sole Executrix and Trustee of the Estate of Mary Winnifred Anthony, Owner, to remove or destroy the said building and shed situate at 184 Anthony's Cove Road 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 Dorothea Helen Anthony as sole Executrix and Trustee of the Estate of Mary Winnifred Anthony, Owner. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the report from the Acting City Manager advising that, as a result of abuse, dumpsters at the Spruce Lake landfill site have become very costly to maintain and have created a constant eyesore in this particular area, which has become a major source of annoyance to Lorneville residents; also advising that it is very difficult for staff to control the dumpsters, at their present location, without providing a 24-hour monitoring service and that, to address this situation, the dumpsters will be moved well inside the landfill fence and use of the dumpsters will be restricted to normal landfill operating hours, meaning that there will be no dumping allowed on Sundays or outside normal working hours Monday through Saturday -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited May 29-June 4, 1991 $44,549.32 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, (a) funds from the Land Subdivision Fund be approved to fund the City's share of the St. Rose and Barnhill Playgrounds, in an amount of 82-976 COMMON COUNCIL JUNE 10, 1991 $17,936; and (b) funds be approved from the Land Subdivision Fund for the Celebration Street playground, subject to approval of the satisfactory transfer of property from the Province of New Brunswick to the City of Saint John; the total amount of the funds requested being: Barnhill $11,415; St. Rose $6,521; and Celebration Street $9,650, for a total of $27,586. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $20,000 be accepted from Fundy Bay Holdings Ltd. as security to ensure the rehabilitation of the gravel pit at 460 Latimore Lake Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager referring to a request considered by Council on May 6 from the Loyalist Zone Senior Friendship Games Committee for a waiver of fees for the use of the Rockwood Park golf course; advising that, while there is no official policy, the Parks Department has been operating on the basis that normal fees are charged for all services provided and, if deemed appropriate by Common Council, a grant to offset the charges may be provided; also advising that the Recreation Department is providing funding in the amount of $4,000 to this event as well as limited staff time and any necessary facility at no cost, and that the Parks Department is not in favour of waiving the green fees which would represent approximately $1,500 in lost revenue for the day, but would waive the costs of the rentals for the carts and clubs for the day; and recommending that the fees for the use of the clubs and carts be waived but the charge for the greens remain -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, contract 91-3, Coburg Street reconstruction, be awarded to Galbraith Construction Ltd. at the tendered price of $224,654.50, and that the Mayor and Common Clerk be authorized to execute the necessary contract document. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, contract 91-7, watermain and sewermain renewal - Pleasant Street, Ludlow Street and Market Place, be awarded to the low tenderer, Dean Construction Ltd., at the tendered price of $249,470, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from the 82-977 COMMON COUNCIL JUNE 10, 1991 City Solicitor submitting, further to Council's last meeting, a revised Curfew By-Law which reflects legislative changes as follows:- (a) the Municipalities Act no longer uses the word "constable"; (b) the Municipalities Act no longer refers to the Child Welfare Act but instead refers to the Family Services Act; (c) the Municipalities Act no longer refers to the summary conviction process but instead to punishment as a category B offence under Part II of the recently-enacted Provincial Offences Procedure Act; and (d) the fines payable by a parent under the current By-Law are $5 for a first offence and $10 for subsequent offenses, such provision having been changed by an amendment to the Municipalities Act, and the Provincial Offenses Procedure Act provides that a judge shall impose a fine of not less than $50 and not more than $250 for a category B offence; and concluding that the foregoing changes bring the By-Law in line with the current legislative authority and the revised By-Law does not contain any policy changes -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law Respecting Curfew In The City Of Saint John Made Under The Authority Of Section 95 Of The Municipalities Act", be read a first time. Councillor Knibb suggested that, as a report has yet to be received from the Police Commission, Council should table the above matter, and expressed concern about the possibility of conveying a message that the City is in a siege mentality with its young people. Councillor Fitzpatrick noted that the Curfew By-Law, in providing for a child to be out for a legitimate reason and referring to a parent who permits his child to violate the By-Law as committing an offence, is not intended to curtail legitimate activities of or punish the youth, but rather addresses parents who are not fulfilling their parental duties. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the above matter be laid on the table pending a report from the Saint John Board of Police Commissioners. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Repeal A Law To Regulate Lodging Houses In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Repeal A Law To Regulate Lodging Houses In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Saint John Board of Police Commissioners, the Mayor and Common Clerk be authorized to execute the submitted secondment agreement permitting Constable Roger Clowater's release for the purpose of secondment to the Policing Services Branch of the New Brunswick Department of Justice to perform the duties of Coordinator - Municipal Police Assistance Fund with full pay and benefits for a period of two years commencing July 1, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Saint John Board of Police Commissioners, the Mayor and Common Clerk be 82-978 COMMON COUNCIL JUNE 10, 1991 authorized to execute the submitted secondment agreement permitting Constable Brian Fillmore's release for the purpose of secondment to Holland College's Atlantic Police Academy with full pay and benefits for a period of not less than two years and not more than three years commencing October 18, 1990. Question being taken, the motion was carried. Notice had been given to Flash Muffler Ltd., to appear at this meeting of the Common Council to show cause, if any, why the building located at 159 Metcalf Street (L.R.I.S. Number 374876), 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 circulated photographs of the above-mentioned three-storey woodframe building which, he advised, is boarded up and has been vacant for over 5 years, and is in a very dilapidated condition, and that discussion with the owner indicates that there are no plans to renovate the building. Mr. Johnson also advised that the building is periodically open to the public and is a danger, and it is beyond economic rehabilitation; and recommended that the building be demolished pursuant to the 1925 Building Act. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that notice having been given to Flash Muffler Ltd., Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 159 Metcalf Street (L.R.I.S. Number 374876) 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 159 Metcalf Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Flash Muffler Ltd. is hereby required to remove or destroy the said building situate at civic number 159 Metcalf 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 Flash Muffler Ltd. to remove or destroy the said building situate at 159 Metcalf 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 Flash Muffler Ltd. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Canada Day Committee requesting a grant from the City of not less than $1,500 to assist in a fireworks display to be conferred with the Multicultural Association funds of $1,700 as part of the Canada Day Observance -- be received and filed and authority be granted for the City to provide $1,500 as requested. Councillor Knibb initially proposed a motion, which was seconded by Councillor M. Vincent, that the above matter be referred to the Acting City Manager. Councillor Knibb, in advising that he and Councillor Landers have met twice with the Saint John Canada Day Committee, asked that the Acting City Manager consider, in preparing his recommendation to Council, that there may be certain other Committee expenditures, although hopefully there are funds available in the budget. Mr. Wilson recommended that, as time is of the essence, Council consider the $1,500 request at this time, whereupon the mover and seconder withdrew the initial motion. Question being taken, the motion was carried. 82-979 COMMON COUNCIL JUNE 10, 1991 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. W. G. Artiss, Chairman of Fundy SWAT, commenting, further to Common Council resolution of May 6, on his meeting with the Environment Committee of the Saint John Medical Society, at which discussion took place on Fundy SWAT's mandate, the solid waste management process established in New Brunswick, the progress that has been made to date in the region, the estimated time to complete the process, recycling, the assessment of alternatives study that was recently completed on behalf of Fundy SWAT, and the Medical Society's concern about the possibility that an incinerator might be constructed in the region; and advising that he refused to discuss the Spruce Lake landfill on the basis that this was outside Fundy SWAT's mandate and any information in this regard would have to come from the City of Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. Emily Cannon requesting permission to put a mobile home at the back of her property at 283 Hawthorne Avenue Extension -- be referred to the Acting City Manager for a recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., advising that it fully supports the District #2 fire study based on what it has read in the local papers, not being privy to the complete study -- be received and filed with appreciation. Deputy Mayor Gould made the observation that the District #2 fire study was presented to Council in open session and is therefore a public document. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Keep Saint John Beautiful Inc. asking Council's permission to pursue a program for placement throughout the City of additional litter containers, and that the City sponsor the mini- baskets and litter containers -- be referred to the Acting City Manager and Council support in principle the concept and commend Keep Saint John Beautiful Inc. for its efforts. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Richard Deuville advising that he is a quadriplegic and gets around in an electric wheelchair, and asking the City to consider raising the sidewalk in front of his residence at 120 Waterloo Street so that he can get into and out of his house by himself -- be referred to the Acting City Manager. 82-980 COMMON COUNCIL JUNE 10, 1991 Question being taken, the motion was carried. Mr. Johnson, in referring to the notice given to Elaine Mildred Perrie to appear at this meeting of the Common Council to show cause, if any, why the building located at 83 Partello Street (L.R.I.S. Number 342985), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building, advised that there is an error in the Notice in that it does not properly describe the property in question and that, having discussed this matter with Mr. Rodgers, this matter should be withdrawn at this time, with staff to readvertise and take appropriate action as soon as possible. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the petition from residents of Partello Street and Spruce Avenue expressing the opinion that the building at 83 Partello Street is an eyesore, a fire trap and a safety hazard to the children of the neighbourhood, as well as a possible negative effect on the real estate value of their homes, and advising that it is their wish that the building be demolished -- be laid on the table pending consideration of the subject property pursuant to the 1925 Building Act. Question being taken, the tabling motion was carried. Following a five-minute recess, the Common Council meeting resumed. Miss Shirley McAlary, President of the Saint John Central Business Development Corporation, addressed Council regarding the construction of a bus shelter to be located in front of City Hall at Market Square in accordance with the submitted sketch, which was prepared by the architectural firm of Comeau MacKenzie, such firm having been retained by the Corporation in cooperation with the City of Saint John and the Saint John Transit Commission; and advised that Beattie Construction was the lowest bidder for the construction of the shelter, at a cost of $37,672, including $30,500 for actual structure expenses and $7,092 for site-related work, such as excavation and landscaping. Miss McAlary also advised that the Saint John Transit Commission is prepared to commit $20,000 towards the construction and the Corporation is prepared to assume $10,500 of these costs, and requested that the City of Saint John further participate in this program by assuming either the site-related expenses of $7,092 or by completing the site-related work with municipal staff. Miss McAlary circulated a drawing of the proposed bus shelter and its location, the latter in which Mr. Bedford confirmed the involvement of both the Planning and Engineering Departments. Mr. Robichaud suggested that, rather than carrying out the work, the City should make the funding available to the Corporation, and Mr. Wilson confirmed that Council could authorize an expenditure of $7,092 in this regard. Miss McAlary advised that the bus shelter will accommodate approximately 25 persons standing and that there will be fold-up seating also provided, and that it is the intent to place two similar bus shelters in the uptown area. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Council authorize an expenditure of $7,092 for site-related expenses pertaining to a bus shelter project being undertaken by the Saint John Central Business Development Corporation, the Transit Commission and the City of Saint John, and commend the Central Business 82-981 COMMON COUNCIL JUNE 10, 1991 Development Corporation and the Transit Commission for their initiative; and that the matter of the location of the shelter be referred to staff. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk