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1991-07-08_Minutes 83-1 COMMON COUNCIL JULY 8,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of July, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; W. D. Todd, Director of Housing and Property Management; M. Jamer, Director of Works Operations; S. Galbraith, Director of Supply and Services; J. Brownell, Director of Recreation; J. Baird, Manager - Development Division; R. McDevitt, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; R. Smith, Administrator, Parking Commission; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend David Jamer, Pastor of St. John Alliance Church, 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 24, 1991, be approved. Question being taken, the motion was carried. The Mayor noted her absence from the June 24 public hearings for the proposed re-zonings of 38 Coburg Street and 53 Union Street as well as Deputy Mayor Gould's absence from this meeting, and called for a motion for Councillor Flewwelling to preside over the portion of this meeting during Council's consideration of third readings of the proposed re-zonings of the subject properties. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that in the absence of the Mayor and the Deputy Mayor, Councillor Flewwelling preside over the meeting during consideration of the above matters. Question being taken, the motion was carried. The Mayor called for a motion to add to the agenda of this meeting the following items: (1) the City Manager's report concerning a meeting with residents of Cedar Grove and Second Street with respect to tree removal; (2) the City Manager's report with regard to Saint John-Bangor Sister City meetings and the 1990 and 1991 Partnership Programs (copies of these reports having been forwarded to Council members as information items); (3) the City Manager's report on the tender for computer cabling; (4) the City Manager's report on the waterslide operation at Rockwood Park and (5) the City Manager's recommendation concerning an establishment change in Supply and Services (the latter three having been considered in Committee of the Whole earlier this date). On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above- mentioned items be added to the agenda for consideration at this meeting. 83-2 COMMON COUNCIL JULY 8,1991 Question being taken, the motion was carried. Her Worship the Mayor displayed a photograph of a mural which was painted by three Simonds High School students, and Mr. Brownell explained that, at his request, the 24-foot long 4-foot wide mural was painted by three grade twelve students, Rachelle Girauard, Cindy Clark and Karla Yurco, under the supervision of Mr. Paul Mathieson, the School's Art Department Head, for placement inside the Simonds Arena to add colour to the somewhat drab interior. Mr. Mathieson addressed Council in this regard, following which the Mayor presented citations to the above-named students in recognition of their outstanding contribution to the City of Saint John. Her Worship the Mayor proclaimed July 10 to be "Mug Up For The Environment Day" in support of the Energy and Environment Educators of New Brunswick's promotion of an environmentally-friendly action involving the use of permanent drinking mugs instead of disposable cups; commented on the "Buskers on the Boardwalk" premier festival scheduled for the Market Square Boardwalk on August 2 to 5; and noted that the Board of Directors of the Federation of Canadian Municipalities will be meeting in Saint John on September 5-7, 1991, and that the City will also be hosting a meeting of the Cities of New Brunswick Association on October 11th and 12th. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 1439 Loch Lomond Road (NBGIC Number 446369), containing approximately 43,385 square feet, from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the development of multiple-unit residential buildings, the initial proposal involving a building containing six dwelling units with off- street parking and landscaped areas, with the second phase of development to see the construction of another six-unit residential building, as requested by Mr. Ron Ferguson, 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 letters considered by the Committee at its July 3 meeting, and recommending that the subject site at 1439 Loch Lomond Road, being NBGIC Number 446328, be re-zoned from "R-2" One- and Two- Family Residential to "RM-1" Three-Storey Multiple Residential classification, pursuant to a Section 39 resolution adopting the development of two buildings, each containing six dwelling units, on the condition that: (a) detailed site and elevation plans are provided for approval by the Development Officer prior to building permit approval; (b) a buffer treatment is detailed on plans for the approval of the Development Officer prior to building permit approval; and (c) the development is completed in accordance with the above-noted plans to the satisfaction of the Development Officer. Mr. John Colwell of 190 Golden Grove Road appeared in opposition to the proposed re-zoning on the basis that, having about two years ago purchased approximately 20 acres of property adjacent to the subject property, it is his intention to develop residential housing on the 60 building lots and that, if apartment buildings are constructed on the site in question, it will be necessary for him to change his plans to the point of, instead of trying to develop a parcel of land to house $100,000 to $125,000 dwellings, constructing $70,000 to $80,000 dwellings to go along with the apartments if, in fact, he proceeds to develop his property if the re-zoning is approved. Mr. Colwell expressed the opinion that it is unfair to him, or any other person who may have purchased a 20-acre parcel of land, to change the zoning of the property from what it was when it was purchased to accommodate apartment buildings which would have to access Loch Lomond Road, as would his or any other subdivision development, thereby increasing traffic in the area. Mr. Lionel Cook addressed Council in support of the above-proposed re- zoning and, having advised that he was one of the principals who was instrumental in developing Bon Accord Subdivision from 1973 onward, expressed the opinion that the mix of one- and two-family residential and apartment buildings appears to have been complementary to each other in that particular area in that the properties have maintained their values and, within the last two years, Blanchard Homes has developed the top part of the area with one-family homes. Mr. Cook also advised that the property in question has been offered in the market place innumerable times for single and two- 83-3 COMMON COUNCIL JULY 8,1991 family dwellings, with no offer of purchase having been received, and he suggested that, as the Planning Advisory Committee is recommending the placement of trees and berms, this will ensure that there will be no deterrent whatsoever to Mr. Colwell's development of single and two-family homes, and made the observation that the City would monetarily benefit in the form of additional tax revenue from the proposed development without any expenditure on the City's part as the services are already in place. Mr. Cook clarified that he and a partner own the property in question. Mr. Ron Ferguson spoke in support of his application for re-zoning; expressed agreement with the Planning Department's report and the Planning Advisory Committee's recommendation; and circulated copies and filed with the Common Clerk a final revision of the drawings of his proposal which he advised were updated following through with many recommendations made by the Planning Department after his submission of the initial drawings. Mr. Ferguson made the observation that the buildings he proposes to construct are two and one-half storeys in height and no higher than most of the homes in the existing Bon Accord Subdivision, and noted the provision on the plot plan for a 20-foot wide tree buffering on the easterly property line and the 60,000 square feet of tree buffering on the westerly property line which is presently City-owned land. Mr. Ferguson circulated photographs depicting the significant buffering which currently exists on the both the north and east property lines and, with regard to traffic, advised that access to his property from Loch Lomond Road will be a driveway, rather than a road, and that, as the property will be his primary place of residence, he has taken the time to add much detail, style and character to the drawings which, in his opinion, are equal if not better than some of the proposed development to the east. In response to Council queries, Mr. Ferguson advised that his proposal involves the construction of four two-bedroom apartments above grade and one two- bedroom and one one-bedroom apartments in the basement, with laundry facilities provided in the building and the minimum parking requirement met, and noted that only a small percentage of his and Mr. Colwell's properties are adjacent. 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 parcel of land at 1439 Loch Lomond Road (NBGIC Number 446328), containing approximately 43,385 square feet, from "R-2" One- and Two-Family Residential 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. In response to Councillor Rogers, Mr. Baird confirmed that four of the nine Planning Advisory Committee members were present at the July 3 Committee meeting and advised that a Committee quorum consists of five Committee members, or four Committee members if one of the four includes one of the three Executive members, and the Mayor asked Mr. Rodgers to examine the legality of the Committee's quorum. 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 parcel of land at 1439 Loch Lomond Road (NBGIC Number 446328), containing approximately 43,385 square feet, from "R-2" One- and Two-Family Residential 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. 83-4 COMMON COUNCIL JULY 8,1991 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 Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning 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 land having a frontage of 250 feet and comprising approximately 2.4 acres and located on the northerly side of Ocean Westway at 2400 Ocean Westway, being a portion of NBGIC Number 286500, from "RS-2" One- and Two-Family Suburban Residential to "RF" Rural classification, to permit the land to be used as an access by trucks carrying excavated rock from a quarry located on an adjoining parcel of land without road frontage, as requested by Galbraith Construction Limited, and that a petition from area residents and letters from Barbara J. Johnson (one of the two letters from Barbara J. Johnson having been distributed to Council members at this meeting), Wayne R. and Carol L. Connell, Johannes and Pamela Cunningham, and the David Breau family, were received in opposition to the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report and letters and petitions considered by the Committee at its July 3 meeting at which the applicant was represented by Mr. Bob Ridgeway and solicitor Brian Mosher and ten area residents spoke in opposition to the above application on behalf of a larger number of residents present in the audience who were also opposed; advising that the residents' primary concern is the truck traffic that would be using what is now a dead-end residential street and long-time area residents repeatedly noted that the quarry has not been in operation for fifteen years or more, and that the applicant indicated that other access to the site had not been available since the expansion of Highway #7 to a four-lane highway and other alternatives have not been identified and would also require re- zoning; and recommending that the application to re-zone the subject site from "RS-2" One- and Two-Family Residential to "RF" Rural classification, be denied. The Mayor asked for clarification on a communication received earlier this date to the effect that the applicant intends to withdraw or ask that the application be tabled, to which Mr. Brian Mosher, solicitor for the applicant, advised that the applicant's intent is to ask for the matter to be tabled without a date for Council's consideration so that the applicant can look for an alternate access based on the recent receipt of additional information, and that, if possible, the applicant does not wish to proceed with the hearing at this time. The Mayor advised that, if the matter is to be tabled, the public hearing must proceed at this time; however, if the application is to be withdrawn, the whole matter would be withdrawn from the agenda, whereupon Mr. Mosher replied that, while he is not prepared to argue the item at this meeting as there is additional information which the applicant is lacking, the tabling motion will still be requested following any presentation by residents at this time. Mr. Wayne Connell of 2399 Ocean Westway spoke in opposition to the proposed re-zoning of 2400 Ocean Westway and, having circulated photographs of the area including the quarry, explained that the petition submitted to Council covers all of Ocean Westway and other streets in the area for the reason that the homeowners above the quarry entrance have to drive by and their children walk past the entrance to access the school bus and that, with the pending opening of the Martinon By-Pass, the residents on the remainder of Ocean Westway and on other streets in the area feel that they will experience a significant decrease in truck traffic, which may not happen if an operational quarry is nearby. Mr. Connell also explained that the re-zoning would lead to the operation of a quarry in an area that has had no operational quarry in more than 15 years during which time the dead-end portion of Ocean Westway has developed 83-5 COMMON COUNCIL JULY 8,1991 into a very pleasant, quiet, residential area zoned for one- and two-family residences; and expressed the opinion that the non-compatible residential uses, which are recommended for exclusion from residential areas in accordance with section 2.4.4 of the Municipal Development Plan and cited in his above-mentioned letter of objection, will all be created, if the re-zoning is approved, causing great concern to the neighbourhood. Mr. Connell advised that another reason against the re-zoning is that the area in question is surrounded by land with an open space classification and that a nearby quarry would not permit the preservation of this natural area for public use, as indicated in the plan dealing with open space, and also that all the thirty-five homes located on the dead-end street will substantially devaluate; and expressed concern, in view of the narrow width of the street and the lack of sidewalks, about the safety and well being of children and adults who walk on the street with the coming and going of large trucks and the possibility of rocks spilling onto the road. Mr. Gary Tobias of 2425 Ocean Westway appeared in opposition to the proposed re-zoning, and advised that his major concern is for the safety of the children in the area who, with no nearby playground nor sidewalks, are used to playing on the dead-end street. Mr. Tobias noted the proximity of the subject property to the watershed; expressed the opinion that operations of the type proposed could lead to persons moving out of the City; and expressed concern about the effect of a quarry operation on the environment in the way of air pollution and of the truck traffic on pedestrians in the area; and asked Council to deny the re-zoning. Mr. Michael Brennan of 2271 Ocean Westway spoke against the proposed re-zoning on the basis of truck traffic which would result from the quarry operation; noted the home improvements in this residential area as well as the opposition from residents other than those on Ocean Westway; and asked Council's support in this matter. Mr. Richard McGinnis of 3 Colpitts Avenue appeared in opposition to the proposed re-zoning and, in making the observation that the subject property is situated directly in the middle of the western watershed and a fully developed residential area, noted that the City has permitted the area to be fully developed as a residential area since the last operation of the pit. Mr. McGinnis questioned the current validity of the first issuance of the permit for the quarry operation; advised that he has been anticipating a drastic reduction in traffic with the opening of the Martinon By-Pass; and expressed concern about possible structural damage to his home, the effect of the proposal on pedestrians and the nature of the area, and the possible economic impact on his property value; and urged Council to deny the application. Mr. Brian Mosher, solicitor for Galbraith Construction Limited, spoke in support of the application; and re-iterated his request for the matter to be tabled without presenting his client's case on the basis that there is additional information which may help the residents in that, if an alternate access to the site can be located, their main concern about traffic on Ocean Westway could be alleviated, and the subject application would be withdrawn, with a new application involving a new access to be initiated. Mr. Mosher noted that the Planning Department's report refers to an alternate access point and advised that he is attempting to arrange a meeting with Planning staff in this regard and is willing to meet with representatives of the residents. In response to Councillor Fitzpatrick's observation that the question of an alternate access would have no bearing on the application before Council at this time as it would involve the re- zoning of another property, Mr. Mosher explained that an alternate site might not be available which would mean that Council would have the knowledge that there is no other access and his argument then would be in favour of the application before Council at this time. The Mayor asked the amount of time required for the applicant to obtain the additional information to which Mr. Mosher replied that, while approximately one month would probably be required, his request would be for the matter to be tabled without a date so that the application could be withdrawn if an alternate site is located while, otherwise, the residents could be notified in plenty of time so as to be able to re- appear before Council and complete the argument on the subject proposal. Mr. Rodgers made the observation that, on the basis that the applicant would pursue the subject application if an alternate site is not found and if the matter is tabled at this meeting, the tabling does not continue this public hearing, and that any further discussion the applicant may wish to attempt to arrange would be in Council's control with respect to who speaks and for how long, and explained that a proper tabling of this 83-6 COMMON COUNCIL JULY 8,1991 matter would be on the basis that Council has up to six months to make a decision from the date of the first publication as to whether or not to proceed with the readings, and there is no provision in the Community Planning Act to table a public hearing; therefore, if the matter is re-addressed by Council, it is at Council's pleasure and the citizens are invited back at Council's pleasure. Mr. Mosher, having confirmed his intention to proceed with his presentation on behalf of the applicant, clarified that the applicant is not applying for re- zoning for a quarry as the quarry property is in a proper zone, but rather that the proposed re-zoning is for access to the quarry over the applicant's property; therefore, residents' concerns over the effect of a quarry on the area are not an issue at this time. Mr. Mosher explained that it is Galbraith Construction Limited's intention to operate the quarry adjunct or secondary to its construction business and, accordingly, the pit would be used as needed for its own construction basis which means that the traffic concern would be minimal, and that the applicant would be agreeable to a condition that he could quarry only for his own operation. Mr. Mosher noted that the subject property's juncture with Ocean Westway and the King William Road where the trucks exit off Ocean Westway is a distance of one-half kilometre and that there are twenty-four residences located in this half-kilometre area, only ten per cent of which have voiced opposition, based on his records. Mr. Mosher, in referring to the proposed area to be re-zoned as indicated in the submitted Planning staff report, advised that the applicant would be content to have only a 50-foot right-of-way across the property to access his property zoned for a quarry operation; therefore, rather than having 200 feet on Ocean Westway, the applicant would be amenable to reducing it to 50 feet which, although it would require a variance due to the size requirements of the "RS" zone, might alleviate some problems inherent to having the whole portion re-zoned to "RF" and the possibilities that would open to the land owner and, in the alternative, the applicant would consider any restrictions should they be deemed necessary to preserve the integrity of the area. Mr. Mosher explained that his request for tabling relates to the possibility of locating a more suitable access and, as indicated in the Planning staff report that this would not be easily done, the applicant/landowner would have an unusual hardship while trying to follow Planning staff's recommendation of finding an alternative site; in other words, if an applicant is permitted on his property to conduct an operation which he has in the past but, due to a legality of having a portion of the property which is travelled over to get to the operation not zoned the same, it would create a hardship to the applicant if the small portion of the property was not re-zoned to coincide with the zoning of the other property. Mr. Mosher also explained that presently, without exploring the other possible access sites, the property in question is the only access which is known to work as it has been used periodically by the applicant who has owned the property for 20 years; noted the reference in the Planning staff report to section 2.4.4 of the Community Planning Act, which limits the access in the subject location because of the generation of traffic, smoke, dust, fumes, noise or the creation of dangerous conditions because of the equipment or operation; and suggested that the use of this criteria seems to imply that Planning staff is discussing the quarry operation rather than the actual access to the property which coincides with the residents' indication that they do not want the quarry operation. Mr. Mosher also advised that, having been asked by Planning staff to submit answers to questions including the use to be made of the quarry and how much would be quarried from the operation, the resultant statistics indicate that approximately 20 truck loads per week on a yearly basis would be taken from the quarry and, adhering to the speed limit, this certainly would not create a hardship to the residents; and asked Council to consider that only the access to the quarry is under consideration at this time and suggested that the majority of pits in the area have the same problem of crossing residential zoning to access the highway in order to take the material to its destination. During discussion Mr. Mosher expressed the understanding that the applicant quarried the pit fairly extensively up to the past ten years following which he was removing topsoil or material needed, plus whatever quarried rock remained from previous mining. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the application of Galbraith Construction Limited for the 83-7 COMMON COUNCIL JULY 8,1991 re-zoning of 2400 Ocean Westway, from "RS-2" One- and Two-Family Residential to "RF" Rural classification, be denied. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. Mr. Richard MacMillan addressed Council on behalf of CUPE Local 3102 - Revenue Properties Company Limited employees, concerning the issue of proposed layoffs of CUPE Local 3102 staff working at City Hall and, reading from a prepared brief (copies of which were distributed to Council members at this time), advised that two of the Local 3102 members, being stationary engineers with twelve and six years of service, received notice the week of July 1 that there would be changes to the boiler plant in the City Hall building and that they would be laid off as of July 31, which means that after July 31 there will no longer be an employee in City Hall to look after the building and its systems at all hours, even though the building is occupied 24 hours per day by the City and the public. Mr. MacMillan gave examples of problems which could occur in City Hall in that not only do CUPE 3102 members provide the safe operation and monitoring of the heating and air conditioning plant on a 24-hour basis but they monitor and repair other aspects of the building as well; expressed concern about the loss of employment of CUPE Local 3102 members; and requested that Council intervene and have Revenue Properties Company Limited continue the around-the- clock coverage by stationary engineers at City Hall, which is what the City is paying for, on the basis that this will provide essential services to the City and provide a benefit to the economy of the City of Saint John by avoiding lay-offs. (Councillor Fitzpatrick withdrew from the meeting during the above presentation. ) Mr. Todd advised that, based on the above presentation, he would prefer to provide an overall report based on the comments made by Mr. MacMillan, and the Mayor, in noting that the normal procedure is for Council to act on presentations at a later time in the meeting, suggested that a motion would be in order on the above presentation at this time. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the presentation by Mr. Richard MacMillan, on behalf of CUPE Local 3102 - Revenue Properties Company Limited employees, concerning the issue of proposed lay-offs of CU PE Local 3102 staff working at City Hall, be referred to the City Manager for a report to Council as soon as possible. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered and Councillor Rogers withdrew from the meeting.) Mr. Dwight Allaby, Chairman of the Saint John Parking Commission, was present in the Council Chamber to respond to Council queries with respect to the 1990 Annual Report of the Parking Commission and, in response to Councillor A. Vincent's request in Committee of the Whole earlier this date for the total amount expended on audit fees, Mr. Allaby advised that, although he was unable to determine the amount in the time allotted, this information will be submitted to Council at its next meeting. On motion of Councillor Knibb Seconded by Councillor Flewwelling 83-8 COMMON COUNCIL JULY 8,1991 RESOLVED that the 1990 Annual Report of the Saint John Parking Commission be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a letter from Mrs. Helen Cook of Fundy Branch No. 68 of The Royal Canadian Legion requesting assistance with respect to a Reunion of Ex-Servicewomen to be held in Saint John on September 27, 28 and 29, 1991 -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Landers regarding an obvious flaw in the uptown area, despite the vast improvements, in that women get the heels of their shoes caught between the bricks on the sidewalk which could cause them to fall; and asking that City staff address this potentially-dangerous problem immediately, not only for the women in the City, but for the tourists who come to enjoy Saint John. Councillor Landers suggested that, although the brick sidewalks are attractive to the streetscape, the problem of the cracks between the bricks should be addressed immediately. Mr. Brown advised that this matter was addressed by staff earlier this date from the point of view that the maintenance program will be re- examined on the basis that there could be an improvement in the technology of brick maintenance over the technology available when the sidewalks were constructed. Councillor Fitzpatrick asked if a motion was required with regard to the above matter to which the Mayor replied that the City Manager intends to submit a report. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager commenting on a meeting with residents of Cedar Grove and Second Street to discuss the tree removals in the area, further to Council's discussion on June 24 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager regarding the City's active involvement for several years in promoting itself and the Saint John business community through a Sister City Program with the City of Bangor, Maine, U.S.A., and through participation in the annual conference organized by the New Brunswick and Maine Chambers of Commerce titled "Partnerships"; suggesting that, while many Saint John retailers consider the attempts to strengthen the relationship between the Saint John and Bangor communities as encouraging the situation of cross border shopping further and the cross border shopping situation is presently very one-sided in that Saint John people frequently shop in Bangor while Bangor visitors are insignificant in Saint John, many retail competitive factors will eventually even the situation as it has historically done on several other occasions; advising that Bangor Overhead Door Company, which had been contemplating a branch location in the Saint John area for sometime, decided after meeting with the Economic Development Department at the Partnerships '91 Conference and a subsequent visit to Saint John, is opening a branch office in Saint John on July 15; and recommending that the City of Bangor be advised that a Saint John delegation will participate in Sister City discussions in Bangor on October 24 and 25 -- be received and filed and the recommendation adopted. (Councillor Rogers re-entered the meeting.) 83-9 COMMON COUNCIL JULY 8,1991 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Atlantic Netcom Ltd., in the amount of $36,500, including all taxes, be accepted for the supply and installation of computer cabling and associated equipment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, approval be given to modify the existing liability insurance contained in the present waterslide agreement between the City of Saint John and Mr. Kalid Malik, subject to the facility being operated only from July 1, 1991 to September 1, 1991, 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 Knibb RESOLVED that as recommended by the City Manager, the Supply and Services Department establishment be amended by increasing Welders from three to four positions and decreasing Gas Attendants from five to four positions, and that the Union be so notified. Question being taken, the motion was carried with Councillors Landers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited June 19-25,1991 $76,821.33 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-5, Ready Street and Grandview Avenue Areas Sewer Construction QM Construction Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated June 24, 1991 Final holdback release $167,242.00 165,457.81 Nil 164,657.81 800.00 56.00 $ 856.00 83-10 COMMON COUNCIL JULY 8,1991 2. Contract 90-24, Gault Road Pump Station Control Valves Security Mechanical Ltd. Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated June 20, 1991 Final holdback release $ 38,890.00 36,217.66 Nil 30,785.01 5,432.65 380.29 $ 5,812.94 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager submitting a copy of revised schedules to agreements for Provincially- designated highways respecting the Department of Transportation and the City; advising that the maintenance rates submitted by the Province this year are the same as last year, the street inventory has been checked and agreed to by staff and that, applying these rates to the measured lengths will result in the Province paying the City $604,189.20 for 1991; also advising that, although the actual amount to be paid to the City for the actual quantities of pavement markings will not be known until the fall, the payment should be approximately $40,000; expressing the opinion that significantly more funds will be expended for maintaining designated highways than will be received from the Province because the capital reconstruction and resurfacing of designated highways has been significantly underfunded for years; and recommending that the Mayor and Common Clerk be authorized to execute this agreement -- be received and filed and the recommendation adopted. Mr. Brown confirmed the Mayor's observation that staff will submit a report to Council by the end of the year when in a position to establish the level of funding required to properly maintain Provincially-designated highways in that significantly more funds will be expended for maintaining these highways than the amount to be received from the Province. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, with regard to the June 10 request of Mrs. Emily Cannon for permission to place a mobile home at the rear of her property at 283 Hawthorne Avenue Extension, the following two alternatives to the applicant's proposal could be considered, either of which would be preferable to placing a long, narrow mobile home on the lot, and have the added benefit that they may extend beyond the maximum one-year period: (a) conversion to a two-family dwelling, which would permit both families to reside on the property with no specific approvals required; and (b) a garden suite (also known as a granny flat) on the property, which is a modular detached housing unit placed in the rear yard of a single detached dwelling and later removed when no longer needed and is more in keeping with a traditional residential area and would require review and approval by the Planning Advisory Committee of a variance to permit a second dwelling on the lot; and recommending that the request for permission to place a mobile home on the above-noted property be denied and the applicant be informed of the alternatives to her proposal. Consideration was also given to a letter from Mr. Eric Cannon explaining why he is in favour of the plan of having a mobile home on his parents' property. 83-11 COMMON COUNCIL JULY 8,1991 On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that permission be given to Mrs. Emily Cannon to place a mobile home at the rear of her property at 283 Hawthorne Avenue Extension for a period of one year. Councillor Rogers noted that Council is awaiting a staff report on mobile homes and suggested that Council should consider the zoning and the viable alternatives presented by staff; and Councillor Davis suggested that, on the basis that the staff recommendation is reasonable, the applicant can approach the City again if there is a funding or some other problem. Question being taken, the motion was carried with Councillors Davis and Rogers voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Eric Cannon regarding the placement of a mobile home at 283 Hawthorne Avenue Extension be received and filed. Question being taken, the motion was carried. Read a report from the City Manager regarding the April 22 request of Susan Dean for permanent approval of a mobile home at 960 Old Black River Road; noting that Council can permit a mobile home at this location in two ways: (a) temporary approval on a year-to-year basis; and (b) re-zone the property to "RS-2M" One- and Two-Family Suburban Residential classification which would permit a mobile home permanently, and that the first method of approval was utilized in August 1990 at which time the applicant indicated the wish to build a home on the site; advising that re-zoning of the site to "RS-2M" could be supported in this instance as the adjacent lands are in that zone and a conventional home could still be constructed at a later date as that zone permits both mobile homes and conventional homes; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) approval be given to Susan Dean to locate a mobile home for a period of one year at 960 Old Black River Road (NBGIC Number 429938); and (2) the applicant be advised that re-zoning of the property would be required if she wishes to permanently locate a mobile home on the site. Question being taken, the motion was carried with Councillors Fitzpatrick and Rogers voting "nay". Consideration was given to a report from the City Manager submitting a summary of bids for the tender for the supply of automotive batteries on an as-required basis for a 12-month period; advising that one of the bidders did not submit the necessary bid deposit and another did not sign the tender and, therefore, were not considered for award; also advising that, although AP.M. Ltd. submitted the lowest bid on item #6, the battery offered has a less capacity than specified and is not acceptable, and that Commercial Equipment Ltd. is the lowest tenderer meeting specifications, with the total value of the contract, based on the quantities stated, being $14,458, plus taxes. On motion of Councillor Rogers Seconded by Councillor Knibb 83-12 COMMON COUNCIL JULY 8,1991 RESOLVED that as recommended by the City Manager, the tender of Commercial Equipment Ltd., be accepted for the supply of batteries for the period ending June 30, 1992, at the unit prices quoted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Mic Mac Fire & Safety Ltd., in the amount of $562 per suit, be accepted for turn-out clothing for the Fire Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 91-9, sewage pump station (mechanical and electrical), be awarded to the low tenderer, Security Mechanical Ltd., at the tendered price of $12,809.27, 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 Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 91-13, water and sewer renewal City Line and Woodville Road, be awarded to QM Construction Ltd., at the tendered price of $486,787.50, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried Consideration was given to a report from the City Manager advising that Strescon Ltd. has recently requested that the Municipal Development Plan be amended and a re-zoning be undertaken for Strescon lands located on the Saint John Throughway and that, in accordance with the Legal Department's opinion in a previous application concerning another site that access also constitutes a use of land, the City- owned access to Strescon's parcel of land must also be re-zoned if Strescon is to use its land for a rock quarry; also advising that the Legal Department has confirmed that this situation will require the same procedure and that the existing agreement between the applicant and the City does not give Council's consent to apply to amend the Plan and re-zone the City land, and that the applicant is now requesting Council's permission to apply to reclassify part of the subject lands being a portion of NBGIC Number 55024921 over which Strescon currently has a right-of way and which joins the two parcels of Strescon land which form the site of the applicant's land holdings; and recommending that the City initiate a Municipal Plan amendment and re-zoning for the portion of NBGIC Number 55024921 which is proposed for use by Strescon Ltd. as an access. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the City initiate a Municipal Plan amendment and re-zoning of the portion of NBGIC Number 55024921 located on the Saint John Throughway which is proposed for use by Strescon Ltd. as an access. The Mayor asked the effect, if any, of the above-proposed action on the dyking in the area with regard to the Marsh Creek flooding problem, to which Mr. Brown replied that it is his understanding, based on discussion with Assistant City Manager - 83-13 COMMON COUNCIL JULY 8,1991 Operations, C. Robichaud, that this will not affect the dyking arrangement with the City and, during discussion of the dyking, Mr. Rodgers expressed the opinion that adoption of the above motion at this time, which he understands would involve referring the matter to the Planning Advisory Committee and a public hearing, would not commit Council to follow through with the enactment of the legislation, nor to prevent Council from examining other problems, and that Council could obtain further information prior to or following adoption of the above motion. On motion of Councillor Landers Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table pending a report from staff in two weeks. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". Read a report from the City Manager regarding the application of Loyalist City Towing Ltd. for a Municipal Plan amendment and re-zoning of 365 Ashburn Road, which was given first and second readings at the February 18 public hearing with third reading not to be given until the required site plan is submitted and approved; advising that the submitted site plan, which has been prepared and submitted, is acceptable to the Development Officer; and recommending that third reading be given to the Municipal Plan amendment and re-zoning of the Loyalist City Towing property at 365 Ashburn Road. On motion of Councillor Fitzpatrick 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.R.I.S. Number 55071153), located on the north side of Ashburn Road, from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-240 A 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.R.I.S. Number 55071153), located on the north side of Ashburn Road, from "RR" Rural Residential to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be 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; 83-14 COMMON COUNCIL JULY 8,1991 and (c) requiring that the site improvements indicated on the site plan be completed by October 31, 1991. The by-law entitled, "By-Law Number C.P. 100-240 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillor Landers voting "nay". Councillor Knibb proposed a motion, which was seconded by Councillor Fitzpatrick, to adopt the recommendation of the City Manager that Thorcor Holdings Ltd.'s revised application for a Municipal Plan amendment, re-zoning and Section 39 amendment with regard to property on Douglas Avenue, Main Street and Chesley Drive, be considered different and advertising begin when agreement is reached on the land transaction; such motion subsequently withdrawn in order for Council to deal with the property transaction matter. Consideration was given to section 1 of the June 17 Committee of the Whole report to Council at this meeting with regard to the sale of City-owned lands on Chesley Drive. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Common Council resolution of August 1, 1990 relative to the sale of the City-owned lands on Chesley Drive, known as L.R.I.S. Numbers 369074 and 373613, to Thorcor Holdings Ltd., be amended by deleting reference to the City retaining an option to repurchase if the land is not developed within a period of five years and adding the following: (1) Thorcor agrees that, should it choose to sell the property, the City retains the right to repurchase the property for the original sale price of $60,000; and (2) this clause can be removed at any time should development be commenced on the subject lands (Sites E and F) with a building permit value of $2 million or more, such development to be fully on the subject lands, and commencement of development defined as installation of footings and work progressing to completion. (Rescinded June 26, 1995 Bk. 85 Pg. 339 ) Councillor Rogers asked if the above-proposed action is in keeping with the City policy to which Mr. Todd replied that it is different from the standard policy in that the latter deals with development of land taking place within one year with the City retaining the option to repurchase the property if that development does not take place, while the above recommendation would vary from that policy recognizing the nature of the project. In response to Councillor Landers, Mr. Todd advised that Mr. Thorne has agreed to the above clause amendment. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that Thorcor Holdings Ltd., since Council's refusal on February 4 to amend the Municipal Plan, re-zone and amend Section 39 conditions to permit its development, has continued to pursue the development of the site on Douglas Avenue, Main Street and Chesley Drive, and submitted a revised application to the City on May 18 which reduces the office/commercial component by 26,500 square feet and four storeys, reduces the condominium by four storeys, reduces the Inn by 97 rooms, and reduces the parking garage by 180 spaces, and that the proposal has been substantially revised, although it has not been fully evaluated at this stage; explaining that the advertisement for the Municipal Plan amendment has not been done as an agreement between the City and the Developer with respect to the land transaction has not yet been completed and, when agreement is reached on the land transaction, it would be appropriate to begin the process with the advertisement of the Municipal Plan amendment; and recommending that the application be considered different and advertising begin when agreement is reached on the land transaction -- be received 83-15 COMMON COUNCIL JULY 8,1991 and filed and the recommendation adopted. Mr. Baird, in response to Councillor Rogers' question as to the reason for the major difference in the proposals, expressed the understanding that Mr. Thorne is attempting to respond to the some of the area residents and community groups' criticisms and negative comments expressed about his previous proposal. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Davis RESOLVED that the report from the City Manager referring to the June 17 request of Wright Street Housing Co-Operative for parking to be allowed on Wright Street between Stanley and Gooderich Streets for approximately the next four months, and explaining that, as the existing regulations fulfill the criteria for the safe and efficient movement of traffic on the Street, the Traffic By-Law should not be changed and that City Transit has confirmed that the existing regulation enacted in March 1990 has resulted in an improvement over the previous parking situation; and recommending that, in receiving and filing this report, no changes be made to the present parking restrictions on Wright Street, and that a copy of this report be forwarded to the Development Committee of the Wright Street Housing Co- Operative for its information -- be received and filed and the recommendation adopted. Councillor Knibb expressed opposition to the above motion on the basis that the request was for a parking change for the short-term only, and the Mayor asked that, as it is her understanding that Mr. Robichaud has comments to make to Council, the matter be tabled for two weeks to provide an opportunity for Mr. Robichaud to make his comments on the reason for the above recommendation. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for two weeks. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the tabling motion was carried with Councillor Rogers voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Denis Frechette have been completed and that the required waiting period for objections expired on June 26, with a written objection having been received from G. H. Russell. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Denis Frechette for a Municipal Plan amendment and re-zoning of 3170 Golden Grove 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 August 19, 1991. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting as he was not present for the June 24 public hearings with regard to the proposed re-zonings of 1770 Rothesay Road, 292-294 Duke Street West, 38 Coburg Street, and 53 Union Street.) On motion of Councillor Knibb 83-16 COMMON COUNCIL JULY 8,1991 Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-241 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 1770 Rothesay Road, being that part of NBGIC Number 30119747 lying within the City of Saint John, from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be pursuant to Section 39 of the Community Planning Act requiring that: (a) the property be developed and maintained in accordance with a detailed site plan prepared for and approved by the Development Officer prior to building permit approval and indicating: (i) the location of buildings no closer than 15 metres (50 feet) from the side and rear lot lines; (ii) a paved parking area no closer than 7.5 metres (25 feet) from the side and rear lot lines, enclosed by poured-in-place concrete curbs; (iii) a buffer of trees and bushes along the side and rear lot lines; and (iv) landscaping of all other areas of the lot not occupied by buildings and structures; (b) a grading and drainage plan be prepared for the approval of the Chief City Engineer prior to building permit approval, indicating the method of grading the property to avoid excessive runoff onto adjoining properties; (c) the development be connected to the Village of Renforth sewer system; and (d) all site improvements indicated on the site and drainage plan be completed no later than one year following building permit approval. The by-law entitled, "By-Law Number C.P. 100-241 A Law To Amend The Zoning By-Law Of 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 Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-242 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 292-294 Duke Street West (NBGIC Number 361980), comprising approximately 5,200 square feet, from "R-2" One- and Two-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-242 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (The Mayor withdrew from the meeting as she was not present for the public hearings relative to the proposed re-zonings of 38 Coburg Street and 53 Union Street, whereupon Councillor Flewwelling assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-243 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 38 Coburg Street (NBGIC Number 15461), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-243 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb 83-17 COMMON COUNCIL JULY 8,1991 Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-244 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an area of land known as 53 Union Street and the recently-closed George Street, having NBGIC Numbers 38901 and 55011886 (part), from "B-3" Central Business and "B-2" General Business to "ID" Integrated Development classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be pursuant to Section 39 of the Community Planning Act adopting the development proposal as submitted on condition that: (a) a pedestrian link to the existing pedway system be constructed as part of the development as per a detailed agreement between the applicant and the City; (b) the cost of upgrading Union Street be subject to cost-sharing terms acceptable to the Chief City Engineer and the developer; (c) detailed plans and specifications of the exterior building design be approved by the Development Officer as part of the building permit approval process; (d) a detailed landscaping plan be prepared by the applicant and approved by the Development Officer within 6 months of building permit approval; and (e) all signage will be in accordance with the "B-3" Central Business standard and approved by the Development Officer. The by-law entitled, "By-Law Number C.P. 100-244 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair, and Councillor M. Vincent re-entered the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 17, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendation, namely:- 2. That the City agree to build the Saint John Regional Exhibition Centre at ground level, and approve the design of an integrated Centre with a minimum of 5,000 fixed seats with expansion potential of at least 1,500 seats and the capacity to accommodate exhibitions that require a minimum of 60,000 square feet of space. July 8, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. It was noted that section 1 of the above report was considered earlier in the meeting. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 83-18 COMMON COUNCIL JULY 8,1991 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 24, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Acting City Manager, the entrance way concept for Rockwood Park, as indicated in the submitted Entrance Plan prepared by ADI Limited and Basic Design Associates Ltd., dated April 1991, be approved. 2. That as recommended by the Acting City Manager, ADI Limited's terms of reference for the entrance way for Rockwood Park be extended at an estimated cost of $35,000 to develop drawings and specifications for phase one of the entrance way work program, and that the Mayor and Common Clerk be authorized to execute the amended contract documents. 3. That as recommended by the Nominating Committee, Eudore Theriault be appointed to the Working Group on Race Relations. 4. That as recommended by the Acting City Manager, (1) the City's freehold interest in the property at 117 Lancaster Street (PID Number 393606) be sold to the Estate of William Urquhart for a price of $1,450; and (2) the City's freehold interest in the property at 289 1/2 Guilford Street (PID Number 363382) be sold to Doris L. Urquhart for a price of $2,300. 5. That as recommended by the Acting City Manager, Mr. George Robertson be advised that the City is not prepared to make the land at 147-155 Queen Street available for development of a children's garden, and he be thanked for his interest. 6. That as recommended by the Acting City Manager, Mr. Rod Crowther of Re/Max Professionals (1989) Ltd. be advised that the City is not interested in the acquisition of the property at 134 Sydney Street. 7. That the report from the Acting City Manager responding to the 19 recommendations of the Environmental Consultation Committee in its report "A View Of The City" -- be received and filed and considered in open session of Council. July 8, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Councillor Flewwelling asked if the $35,000 referred to in Section 2 of the above report is for the development of the design or for the construction, to which Mr. Jamer replied that the amount would be for the development of the drawings and specifications, which will determine the final construction figures. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. 83-19 COMMON COUNCIL JULY 8,1991 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 5 of the above report be adopted. Mr. Todd explained that, as Mr. Robertson's proposal involved a lot which the City perceives advertising for sale in 1992 in anticipation of attracting residential development, it was not considered practical to encourage Mr. Robertson to undertake his initiative, although staff at Council's request approached Mr. Robertson about other possible lots on which he could undertake his project. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. The Mayor asked that a Nominating Committee recommendation, which was tabled at the June 24 Committee of the Whole meeting, for the appointment of Mr. William H. Steeves to the Saint John Regional Hospital Board, be added to the agenda of this meeting. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the above matter be added to the agenda for consideration at this meeting. In response to Councillor Fitzpatrick, the Mayor advised that Councillor Coughlan, a member of the Hospital Board, asked that the above appointment be considered at this meeting. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that as recommended by the Nominating Committee, Mr. William H. Steeves be appointed to the Board of Commissioners of the Saint John Regional Hospital for a three-year term effective July 1, 1991. 83-20 COMMON COUNCIL JULY 8,1991 Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 7 of the above report be adopted. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the petition from residents of Victoria and Metcalf Streets expressing the opinion that the property located at 124 Victoria Street is unsafe, dilapidated and a serious fire hazard, and that this building should be torn down immediately in the interest and safety of their children -- be referred to the City Manager and the Building Inspector for a report to Council at the next meeting. The Mayor explained to the interested persons present in the Council Chamber the procedure for consideration of buildings under the 1925 Act. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mrs. Marliene Trumbley referring to a truck route problem on Ropewalk Road about which she has advised Council as far back as June 5, 1990; advising that, while it was her understanding that trucks are to stay off Ropewalk Road, they do not and the problem is getting worse; suggesting that additional signs may stop the practice, and concluding that she would like to address Council in this regard and explain the matter in more detail --be referred to the City Manager and the Board of Police Commissioners. Mrs. Trumbley's presence in the Council Chamber was noted, and Assistant Deputy Chief Ingraham advised that, following Council's November 19, 1990 enactment of a Traffic By-Law with regard to truck routes and since the first of 1991, there have been ten violations, none of which was on Ropewalk Road which was one of five areas monitored for a one-week period. The Mayor suggested that the Police Department should immediately increase its observation of the Ropewalk Road area, as well as contact the companies listed in Mrs. Trumbley's letter, and added that staff will report to Council on the matter of signage. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that Mrs. Marliene Trumbley be invited to address Council at this time. The reason for Mrs. Trumbley not having been scheduled for an appearance before Council was questioned. (Councillor Knibb withdrew from the meeting.) Question being taken, the motion was carried with the Mayor and Councillors Davis and Fitzpatrick voting "nay". Mrs. Trumbley addressed Council and, in expressing the opinion that the truck route problem is getting worse, explained that, as Ropewalk Road is very narrow 83-21 COMMON COUNCIL JULY 8,1991 and lacks a full sidewalk, it is difficult for pedestrians to use the Road. (Councillor Knibb re-entered the meeting during the above remarks.) Question being taken, the original motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the City of Saint John Environment Committee asking for an opportunity to review and comment on the first draft of a proposed by-law to control smoking in public places -- be received and filed. Mr. Brown advised that Building Inspector J. Johnson has prepared and discussed with him a first draft of a proposed smoking by-law in anticipation of submitting within the short-term future a proposal for Council's consideration. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from the City of Saint John Environment Committee advising of the Committee's election to office of Chairman Marjorie Boucher and Vice Chairman Gary Hamilton, who will serve in these offices until December when the Committee will hold its annual meeting -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, assent be given to a subdivision plan of the City of Saint John vesting portions of widened Main Street and Chesley Drive (or Harrison Street) as public streets. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. John D. Rockwell, General Manager of A-1 Auctioneers and Evaluation Services Ltd., expressing appreciation for having received notification of the June 22 Police auction; explaining that, as he was notified of the auction on the afternoon of June 11 as indicated by the submitted facsimile of the proposal call, such short notice did not give him enough time to have a proposal done up and into City Hall before June 14; and asking if it would be possible to let him know when the City equipment auction is to be held so that he can make that an open date to tender a bid -- be referred to the City Manager for a report to Council. Mr. Wilson explained that, as all auctioneers were informed of the auction on June 11, it was not a matter of only the above firm having received a late notice, and that the reason for the urgency of the auction related to over-crowding of the area used to store the bicycles and other auction items with the need to move the items as quickly as possible and also the Police personnel who tend to be involved in auctions would not be available in July, which would mean that the auction would have 83-22 COMMON COUNCIL JULY 8,1991 to be delayed until August; therefore, due to a concern to move as quickly as possible with the auction, five invitations were issued by facsimile on June 11. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Engineers Wives Association of Saint John expressing support of the Marco Polo Project -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of the Canadian Broadcasting Corporation for an amendment to the Section 39 conditions of re-zoning of 560 Main 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 August 19, 1991. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the memo from M. Eileen Travis, Regional Librarian of the Saint John Regional Library, advising that the Board Chairman received official word from The Honourable Roland Beaulieu that the salary reserve for the Region has been cut by approximately $48,000 in this 1991-92 budget year; submitting a copy of a letter that has been given to every staff member throughout the Region in this regard; and concluding that the staff complement was not adequate to meet its needs even before these cuts and it is even more discouraging for staff that positive initiative toward the very best of library service has met with this response -- be received and filed and a meeting be arranged with the Minister of Tourism, Recreation and Heritage and Mrs. Travis in this regard. The initial motion to forward a letter to the Premier and the appropriate Provincial representative stating Council's objection to the budget reduction was withdrawn at the Mayor's suggestion of the above motion. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mr. Mike Basha of Corner Brook, Newfoundland, suggesting an enterprise for which Saint John has had historical involvement and is uniquely suited for activation, that being an open invitation to the United States Navy for a US Aircraft Carrier to visit the City; and submitting copies of correspondence in this regard -- be referred to Mr. W. O'Connell of the HMCS Brunswicker for review and a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers 83-23 COMMON COUNCIL JULY 8,1991 RESOLVED that the letter from Belfast Children's Vacation - Saint John Inc. requesting a donation to assist in hosting children from Belfast, Northern Ireland, for the fourth consecutive year -- be received and filed and a grant of $1,000 be approved. Question being taken, the motion was carried. The Mayor, in noting the time of 10:00 o'clock p.m. and the length of the Council agenda, asked if Council would like to review its previous motion of meeting every second week and return to a weekly meeting schedule as, in her opinion, Council cannot do justice to the agenda items under the two-week meeting arrangement. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that Common Council meet in open session on Monday, July 15, at 7:00 o'clock p.m. Councillor Knibb, in proposing the above motion, noted that Council is involved in the July 22 International Gathering of the Irish event which means that it will be necessary to have a minimal open session on that date. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk