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1991-08-19_Minutes 83-55 COMMON COUNCIL AUGUST 19,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of August, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; B. Morrison, Director of Parks; J. Johnson, Building Inspector; R. Johnston, Deputy Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on Tuesday, August 6, 1991, be approved. Question being taken, the motion was carried. At the Mayor's request, Mr. Robichaud apprised Council of the progress of a hurricane that is expected to reach the Saint John area, based on a weather update received earlier this date from the Provincial Emergency Measures Organization; advised that, while the anticipated impact on the City is yet unknown, City staff has been meeting at the Emergency Measures Centre on Rothesay Avenue to identify an evacuation centre, if needed, and the involvement of the Red Cross, Social Services and other groups; and confirmed that, should the City receive the predicted rainfall for over the main track area of 100 to 200 millimetres, which is up to 4 inches, flooding would occur in Glen Falls, as well as on Rothesay Avenue. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that a press release concerning the Marco Polo Project (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that resolutions concerning the following matters (which were considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting: (1) the appointment of an Acting City Manager; (2) display of the Marco Polo model; (3) an agreement for the Saint John Regional Exhibition Centre; and (4) the appointment of an Acting Plumbing Inspector. 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 83-56 COMMON COUNCIL AUGUST 19,1991 Schedule 2-A, the Future Land Use Plan, the portion of a property at 3170 Golden Grove Road (NBGIC Number 353995) which is outside of the Loch Lomond Lake watershed, having an area of approximately 40 acres, from Rural and Open Space to Light Industrial classification; and (b) re-zoning the same parcel from "RF" Rural and "P" Park to "1-1" Light Industrial classification, to permit the development of a drive-in movie theatre with an access located outside the City of Saint John, as requested by Mr. Denis Frechette, 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 considered by the Committee at its August 14 meeting at which the applicant's associate spoke in favour of the proposal and two persons spoke in opposition to the proposal, and the submitted letters and petition were considered; and recommending that the application be denied. Mr. John Teed appeared in opposition to the above application on behalf of Lake Minote Holdings Ltd., an adjacent property owner; and advised that, as expressed to the Planning Advisory Committee, the reasons for objecting to the proposal are based on the concern that a drive-in theatre to accommodate 300 persons during the months of May through October would have quite a negative effect on the present summer rural country atmosphere the residents have come to enjoy, as well as the concern about road safety, Golden Grove Road being neither an arterial nor a collector street which the Municipal Plan indicates as relevant to the location of highway commercial and industrial establishments. Mr. Teed also expressed concern about noise pollution from a drive-in theatre, a possible sewage pollution problem, fire protection and litter on the Road; and summarized that his Company's main concerns relate to the effect on the rural atmosphere and on Golden Grove Road which, in his opinion, is already extremely dangerous. Mr. Teed requested Council to reject the application as recommended by the Planning Advisory Committee and staff, and suggested that, in the event the amendments are approved, a Section 39 re-zoning be utilized. Mr. Harvey Ridgway of 3141 Golden Grove spoke in opposition to the above proposal on the basis of the effect of a drive-in theatre on the rural setting of the property in question, and added traffic on Golden Grove Road, as well as the decrease in property value in the area. The Mayor read a letter (copies of which were distributed to Council members at this meeting) from Mr. Richard Turner of Hughes Surveys & Consultants Ltd. requesting, on behalf of its client, Mr. Denis Frechette, that the above application be tabled for them to have additional time to consider the concerns expressed at last week's Planning Advisory Committee meeting. The Mayor noted that, although the applicant has not had an opportunity to address this public hearing, it would be necessary for him to request to speak at a future Council meeting in this regard and that an appearance for him before Council would not automatically be arranged. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the application of Mr. Denis Frechette for a Municipal Plan amendment and re-zoning of 3170 Golden Grove Road be laid on the table. Question being taken, the tabling motion was carried with Councillors Fitzpatrick, Flewwelling, Landers and M. Vincent voting "nay". 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 parcel of land at 155-157 Bayside Drive (NBGIC Number 343798), located at the northeast corner of Bayside Drive and Edith Avenue, from Low Density Residential to District Centre Commercial classification; and (b) re-zoning the same parcel from "R-2" One- and Two-Family Residential to "B-2" General Business classification to permit the property to be used for commercial purposes, the applicants' proposal being to convert the ground floor of the existing building to a business office and retain an apartment on the second floor, as requested by Messrs. Roly Macintyre and John Walker, and that no written objections were 83-57 COMMON COUNCIL AUGUST 19,1991 received in this regard. No person was present to speak in opposition to or in favour of the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's meeting of August 13 at which the applicants spoke in favour of their proposal, and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to District Centre Commercial classification, a parcel of land located at the northeast corner of Bayside Drive and Edith Avenue, also having civic number 155-157 Bayside Drive and NBGIC Number 343798; and (2) the same parcel be re-zoned from "R-2" One- and Two-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 parcel of land located at the northeast corner of Bayside Drive and Edith Avenue at 155-157 Bayside Drive (NBGIC Number 343798), 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 A. 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 parcel of land located at the northeast corner of Bayside Drive and Edith Avenue at 155-157 Bayside Drive (NBGIC Number 343798), 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 A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at the northeast corner of Bayside Drive and Edith Avenue at 155-157 Bayside Drive (NBGIC Number 343798), from "R-2" One- and Two-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 A. Vincent Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at the northeast corner of Bayside Drive and Edith Avenue at 155-157 Bayside Drive (NBGIC Number 343798), from "R-2" One- and Two-Family Residential to "B-2" General Business classification, be read a second time. 83-58 COMMON COUNCIL AUGUST 19,1991 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 A. Vincent Seconded by Councillor Fitzpatrick 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 amendment of the conditions with respect to signage imposed on the Hilyard Place development at 560 Main Street pursuant to Section 39 of the Community Planning Act, to permit the facia signage to remain as installed on the above-noted building for the Canadian Broadcasting Corporation, as requested by Canadian Broadcasting Corporation, 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 considered at the Committee's August 13 meeting at which the applicant was represented and no persons were present in opposition, and recommending that the three signs be permitted to remain as installed. Susan Lambert, Executive Producer of the Canadian Broadcasting Corporation, appeared in support of the above-proposed amendment, and offered to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the conditions with respect to signage imposed on the Hilyard Place development at 560 Main Street pursuant to Section 39 of the Community Planning Act be amended to permit the three signs to remain as installed for the Canadian Broadcasting Corporation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the letter from Councillor Flewwelling noting that Councillors are required to pass payments on rented vehicles and equipment with no knowledge as to the number of vehicles and equipment which the City owns; and recommending that all Councillors receive a list of all vehicles and equipment owned by the City, by their number --be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 83-59 COMMON COUNCIL AUGUST 19,1991 On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Mr. Charles Robichaud be appointed as Acting City Manager for the period August 26 to September 3, 1991. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) the Mayor and Common Clerk be authorized to execute the submitted "Release of Liability" with Brunswick Square Ltd. to permit the display of the Marco Polo model within Brunswick Square; and (2) the City provide Brunswick Square Ltd. with a certificate of insurance signifying there is insurance of $1,000,000 to cover public liability in connection with the display of the Marco Polo model within Brunswick Square. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the submitted agreement between the City of Saint John and Urban Consultants (1989) Ltd., relative to the Saint John Exhibition Centre, be approved, and the Mayor and Common Clerk be authorized to execute the agreement. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Mr. Richard Armstrong be appointed as Acting Plumbing Inspector effective August 20, 1991, such appointment to terminate upon Common Council's appointment of a permanent Plumbing Inspector. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the press release issued by The Marco Polo Project regarding a recent announcement by the Historic Sites and Monuments Board of Canada declaring the national historical significance of the Marco Polo sailing ship -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Standard PavinQ Supply of asphalt PavinQ Maritime July 31-August 6, 1991 $57,504.67 August 7-13, 1991 $93,930.51 Question being taken, the motion was carried. 83-60 COMMON COUNCIL AUGUST 19,1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 91-10, Latimer Lake fluoride system, be awarded to Security Mechanical Ltd., at the tendered price of $399,500, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with the Mayor and Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 91-19, Orange Street reconstruction, be awarded to QM Construction Ltd., at the tendered price of $202,233.50, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a report from the City Manager recommending that the tender of Eastern Fence Ltd., in the amount of $16,847.45, be accepted for the repair of chain link fences at the Parks Department, Adelaide Street and the Eastern Works Complex on Grandview Avenue, and for the supply and installation of fencing at the Somerset Community Centre. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the tender of Fundy Fencing Ltd. of Saint John, in the amount of $16,890, be accepted for the repair of chain link fences at the Parks Department, Adelaide Street and the Eastern Works Complex on Grandview Avenue, and for the supply and installation of fencing at the Somerset Community Centre. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that, further to the report to Council on March 11 that the condition of the Spar Cove Road sidewalk was in a state of disrepair and could not be plowed in this condition, in response to a complaint from Mr. Richard Williams about sidewalks in the area of Spar Cove Road not being plowed, it is staff's intention to resurface the section of sidewalk in question as part of the normal maintenance program this summer, and to plow this sidewalk commencing next winter as this would only result in an additional 80 feet of plowing on this particular plow route -- be received and filed. Deputy Mayor Gould asked that a copy of the above report be forwarded to Mr. Williams. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the report from the City Manager responding to Council's July 8 discussion with regard to the issue of brick sidewalks, and the report from the City Manager regarding the engaging of consultants to conduct a Market Positioning Study which would form part of the ongoing 83-61 COMMON COUNCIL AUGUST 19,1991 preparation of the Uptown Strategy, such matter having been tabled at the last meeting -- be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. Consideration was given to a report from the City Manager explaining that, due to the fact that the Broad Street Wharf is in a dilapidated state of repair, Esso Petroleum Canada, a division of Imperial Oil Limited, has been forced to seek a new method of delivery of petroleum products to its bulk petroleum facility located at Broad and Crown Streets in the City's South End, and that the Saint John Port Corporation and the Company have developed a plan to provide a tanker discharge facility at the Lower Cove berth; advising that, as part of this project, Imperial Oil Limited is proposing to construct a pipeline system from its bulk storage facility to the Lower Cove terminal which will involve the use of Broadview Avenue, which is a City right-of-way; and recommending that the Mayor and Common Clerk be authorized to execute the submitted proposed licence agreement with Imperial Oil Limited in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted license agreement with Imperial Oil Limited to authorize the construction and subsequent maintenance of a petroleum pipeline system on Broadview Avenue. Mr. Armstrong, in response to Council queries and having noted the presence in the Council Chamber of representatives of the above-named Company, expressed the understanding that the Company intends to discuss the matter with area residents in order to address any concerns there may be about the pipeline system, and that the Engineering Department will oversee the project; and he explained that the proposed pipeline will affect the City only as far as Broadview Avenue is concerned in that portions of the pipeline will be on Imperial Oil Limited's own property and enter onto the street right-of-way on Broadview Avenue, and that Council is dealing strictly with a license agreement that allows the occupation of the pipeline on the street right-of-way, and that drawings reflect the position of the pipeline which, in effect, will cross two or three other streets. Mr. William H. Teed, solicitor for Imperial Oil Limited, confirmed the Company's intent to approach the residents on Broadview Avenue to talk to them personally to explain the project being undertaken; and Mr. Armstrong confirmed that the project is the same as that presented to Council previously. Question being taken, the motion was carried. Notice had been given to Gulshan Sawhney et ux (Bandna), to appear at this meeting of the Common Council to show cause, if any, why the building located at 124 Victoria Street, N.B.G.I.C. Number (formerly L.R.I.S.) 379651, 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 explained that the reason for having no photographs to circulate of the above-mentioned three-storey woodframed building, as is his usual practice, is because the major problems are internal and could not be shown by photographs; advised that the building is structurally unsound and would require major funding to renovate; and also advised that, although the owner has attempted several times to get contractors to do renovation work, he has been unsuccessful in having a contractor stay with the project. Mr. Johnson further advised that the building has become open and dangerous, with the key issue being that it is structurally unsound and needs to be demolished since it cannot be economically renovated and that, although the owner requested by letter that this hearing be withheld, the building has basically gone past economic restoration and the owner has not been able to keep the building as secure as it should be. On motion of Councillor M. Vincent Seconded by Councillor Landers 83-62 COMMON COUNCIL AUGUST 19,1991 RESOLVED that notice having been given to Gulshan Sawhney et ux (Bandna), Owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 124 Victoria Street N.B.G.I.C. Number (formerly L.R.I.S.) 379651 in the City of Saint John, requesting that the said owners 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 124 Victoria Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Gulshan Sawhney et ux (Bandna) are hereby required to remove or destroy the said building situate at civic number 124 Victoria 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 Gulshan Sawhney et ux (Bandna) to remove or destroy the said building situate at 124 Victoria 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 Gulshan Sawhney et ux (Bandna). Question being taken, the motion was carried. Consideration was given to a letter from the City Manager submitting a report from the City Solicitor's Office regarding a request from Mr. W. S. Reid Chedore, solicitor for Mr. Gerald 1. Henderson, for an easement permitting Mr. Henderson's building to encroach upon Britain and Charlotte Streets, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized in consideration of the sum of one dollar ($1.00) to execute a grant of easement in favour of Gerald 1. Henderson to permit the encroachment of the southeast corner of the building at 71 Britain Street and 313-315 Charlotte Street upon the said Charlotte Street and to permit the southwest corner of the said building upon Britain Street, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. Read a report from the City Manager noting that the application of Apollo Properties Ltd. for a Municipal Plan amendment and re-zoning of 379-381 Somerset Street was given first and second readings at the May 13 public hearing at which time Common Council resolved that third reading not be given until the required site plan and building elevations have been submitted and approved; advising that the submitted site plan and elevations are acceptable to the Development Officer and final adoption of the proposed amendments is now recommended. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting as he was not present for the May 13 public hearing of the proposed Municipal Plan amendment and re- zoning of 379-381 Somerset Street.) On motion of Councillor Knibb Seconded by Councillor Flewwelling 83-63 COMMON COUNCIL AUGUST 19,1991 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 parcel of land at 379-381 Somerset Street (NBGIC Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from Low Density Residential to District Centre Commercial 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. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "By-Law Number C.P. 100-246 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 379-381 Somerset Street (NBGIC Number 46144), located at the southwest corner of Somerset Street and Churchill Boulevard, from "B-1" Local Business to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to conditions requiring that (a) the property be redeveloped in accordance with a site plan to be submitted to and approved by the Development Officer and including features similar to the submitted Alternative Site Plan; (b) building elevation drawings showing the method of integrating the design of new construction with the existing building be submitted to and approved by the Development Officer; and (c) all site improvements be completed within one year of building permit approval. The by-law entitled, "By-Law Number C.P. 100-246 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion as carried. (Councillor Coughlan re-entered the meeting.) On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that report from the City Manager responding to Council's August 6 query concerning pesticide usage by the Parks Department; advising the guidelines which have been in place and followed for a number of years in the Department's interest to apply pesticides as a cost effective method of controlling pests and to ensure that staff, the public and the environment are sufficiently protected during all pesticide applications; listing the chemicals used on the park turf areas, and also advising that the Parks Department will report further to Council on the results of ongoing research into alternatives to chemical dependency, such approach involving a combination of cultural practices, naturalization of selected areas, using environmentally-friendly control measures and, as a last resort, chemical pesticides -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the report from the City Manager responding to Council's August 6 query regarding spraying in the Spruce Lake watershed area and the application by Parks Department staff of the herbicide Killex in an area in front of the City sign to suppress vegetation during a site rejuvenation project; advising that all pesticide applications are controlled by the 83-64 COMMON COUNCIL AUGUST 19,1991 Federal Pest Control Products Act and the Provincial Pesticides Control Act and that the Parks Department uses only fully-licensed and trained staff to apply pesticides, and the pesticides used are those considered the least toxic and the most effective; and also advising that the Department of the Environment conducted an investigation as a follow-up to the complaint about the Killex application in the subject area and determined that no regulations were violated, and that it is the opinion of the Parks Department that there were no adverse affects to the water quality of Spruce Lake -- be received and filed. Question being taken, the motion was carried. (Councillors Landers and M. Vincent withdrew from the meeting as they were not present for the August 6 public hearing of the proposed re-zoning of 133 Courtenay Avenue.) (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "By-Law Number C.P. 100-247 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 133 Courtenay Avenue (NBGIC Number 317370), having a frontage of 13 metres and comprising approximately 418 square metres), 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: AND FURTHER that the above re-zoning be pursuant to Section 39 of the Community Planning Act requiring that (a) the use of the property be limited to a one-family or two-family dwelling and/or a day care centre, nursery school or kindergarten licensed by the Province for up to 24 children; (b) the exterior and interior of the building and property be upgraded and maintained in a condition satisfactory to the Building Inspector, including the following: (i) emergency lighting; (ii) exterior lighting; (iii) proper hardware on exit doors; and (iv) exterior painting and cladding replacement where necessary; and (c) the improvements required in (b) are completed by October 31, 1991. The by-law entitled, "By-Law Number C.P. 100-247 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. (Councillor Landers 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 Tuesday, August 6, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb and Rogers, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) Common Council initiate the appropriate Municipal Plan amendment application to designate the civic centre site at the base of the escarpment to Central Area Commercial and add the appropriate policies to provide for a civic centre; and (2) Common Council initiate the appropriate Zoning By-Law amendment, for housekeeping purposes, to continue to permit the civic centre use under the more appropriate "B-3" Central Business zone. 83-65 COMMON COUNCIL AUGUST 19,1991 2. That as recommended by the City Manager, the property at 381 Lancaster Street be sold to Mr. Guiliano DeBortoli for $12,000 with the City retaining the option to repurchase if it is not developed within one year of the transfer of title. 3. That as recommended by the City Manager, (1) a right-of-way be acquired from the Saint John YM-YWCA for a price of $1.00, in approximately the location shown on the submitted plan; and (2) the City release the right of access for men and machinery over and through Lot 91-2 from the northern side of Union Street to the southern side of lands designated "Municipal Services Easement" in the subdivision plan filed as No. 2760 as set out in Schedule A of the lease from the City to Saint John Mercantile Centre Limited dated April 15, 1991. 4. That as recommended by the City Manager, the City of Saint John provide the Canada Games Aquatic Centre with an annual subsidy to cover the cost of practice pool time being used by the Aquatic, Diving and Synchronized Swimming Clubs on the following basis:- 1991-92 - 5/6 of practice pool time costs; 1992-93 - 4/5 of practice pool time costs; 1993-94 - 3/4 of practice pool time costs; and 1994-95 - 2/3 of practice pool time costs; and furthermore that each of the Clubs be required to present to the Saint John Aquatic Centre Commission a long-term business plan by September 30 of each year, such plan to indicate how the Clubs intend to raise sufficient revenues to cover their operating costs during the next three-year period. 5. That as recommended by the City Manager, Common Council approve an estimated maximum expenditure of $16,000 to cover the costs for hosting the Federation of Canadian Municipalities Annual Board of Directors Meeting to be held in Saint John on September 5, 6 and 7, 1991. 6. That as recommended by the City Manager, the City of Saint John, as a member of the Southern New Brunswick Highway Coalition, endorse the brief to the Premier of the Province of New Brunswick. August 19, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 83-66 COMMON COUNCIL AUGUST 19,1991 On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. The Mayor, in noting that the Coalition represents the area from Sussex to St. Stephen, advised that the area Councils, Boards of Trades, Chambers of Commerce, and business communities were represented at the August 14 presentation of the brief to Premier Frank MacKenna, Transportation Minister The Honourable Sheldon Lee, and the MLAs; and made the observation that the brief basically requests that the existing routes between Fredericton and Saint John, and St. Stephen to Saint John to Moncton, via Sussex, be accepted as primary routes in terms of the need for economic development related upgrading and that they should be expanded and upgraded to four-lane divided status, prior to any other four-lane highways to connect with the Trans Canada Highway, moving east to Moncton. The Mayor advised that the Premier brought to the Coalition's attention that 73 per cent of the Transportation Budget was coming into the subject area and he stated that he could not argue or disagree with any of the contents of the Coalition's brief; and highlighted the Coalition's presentation to the Province. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Notice had been given to R. Wayne Myles & L. Ray Smallwood to appear at this meeting of the Common Council to show cause, if any, why the building located at 139-141 Germain Street, NBGIC Number (formerly LRIS) 10942, 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. Consideration was also given to a letter from the Preservation Review Board advising that it has been encouraging the owner of 139-141 Germain Street to rehabilitate this building by using the up to $200,000 funding available through the Canada/New Brunswick Cooperation Agreement on Urban Economic Development (UEDA), and to continue with his plans to rehabilitate the building for use as a bed and breakfast facility; also advising that, while members of the Board reluctantly agree that demolition or disassembly of the building is necessary, they also view this as an excellent opportunity for a sensitive new development to happen on this important site in the Preservation area, the significance of which can be best illustrated by reviewing promotional literature of the Clifton House which formerly occupied this site Mr. Johnson circulated photographs of the above-mentioned building, noting that the notice inadvertently refers to a three-storey masonry building, rather than a two-storey masonry building, and explained that, as a result of the building's location in the heritage area, the building cannot be demolished voluntarily by the owner in spite of the fact that the owner earlier this date made application to have the building demolished, and that the only way he can issue a demolition permit for the building is if Council agrees to demolish it, because the Heritage Preservation Review By-Law precludes its demolition except if Council authorizes it under the 1925 Building Act. Mr. Johnson advised that the building is structurally unsound and there is no way, in his view, to economically repair it in that, if it were to be restored, the building would 83-67 COMMON COUNCIL AUGUST 19,1991 have to be demolished first and then restored as there is nothing usable left in this particular structure; and that the structure inside has been so changed and altered by a succession of previous owners that he can find no load-bearing system that is doing its work, and the masonry has deteriorated badly as a result of water damage to the roof to the point that, in order to retain the masonry, the masonry would have to be taken down and the bricks reused to build it up again because it would cost more to rebuild the structure in place than it is worth. Mr. Johnson concluded that it is for these reasons that he is now before Council pursuant to the 1925 Building Act advising that the building is dangerous and has to be demolished. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that notice having been given to R. Wayne Myles & L. Ray Smallwood, Owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 139-141 Germain Street NBGIC Number (formerly LRIS) 10942 in the City of Saint John, requesting that the said owners 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 139-141 Germain Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said R. Wayne Myles & L. Ray Smallwood are hereby required to remove or destroy the said building situate at civic number 139-141 Germain 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 R. Wayne Myles & L. Ray Smallwood to remove or destroy the said building situate at 139-141 Germain 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 R. Wayne Myles & L. Ray Smallwood. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Preservation Review Board regarding the building at 139-141 Germain Street be received and filed. Question being taken, the motion was carried. Consideration was given to the 1990 Annual Report of The Power Commission of The City of Saint John, which was tabled at Council's last meeting. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1990 Annual Report of The Power Commission of The City of Saint John be received and filed and the members of the Commission be thanked for their service to the City. Question being taken, the motion was carried. (Councillors Fitzpatrick withdrew from the meeting as he was not present for the July 22 public hearing of the proposed Municipal Plan amendment and re- zoning of 300 Sandy Point Road. Deputy Mayor Gould withdrew from the meeting due to a possible conflict of interest.) Consideration was given to a report from the Planning Advisory Committee regarding the application of Mr. Frank Arbo, Sr., for a Municipal Plan amendment and re-zoning of 300 Sandy Point Road, which was tabled at the July 22 83-68 COMMON COUNCIL AUGUST 19,1991 public hearing so that area residents, the applicant and City staff could meet in an attempt to develop a set of conditions which would satisfactorily address the concerns and issues surrounding the application; commenting on the July 29 meeting in this regard, as well as on the Committee's August 13 meeting; and submitting copies of Planning staff's report of August 13 recommending denial of the proposed amendments, as well as Planning staff's previously-submitted report of July 16, and other correspondence considered by the Committee. The report advises that the residents are still concerned with the access to the site and the site's condition, and that the applicant submitted a further letter amending his position, while indicating that he would be willing not to use a 16.5-foot parcel of land if the City granted him use of the existing access and that, while it was apparent that a consensus was not reached, a couple of adjacent residents were willing to make a compromise, with Ms. Cathy Chipman's indication being that the applicant has failed to conduct his business in an acceptable manner for many years and could not be expected to comply with conditions imposed on a re-zoning of the site; and that, after some deliberation, the Committee decided to recommend a conditional approval for a portion of the site; and recommends that (1) the application to amend the Municipal Plan from Low Density Residential to Light Industrial classification and re-zone from "R-2" One- and Two- Family Residential to "1-1" Light Industrial classification be approved for the properties identified by NBGIC Numbers 48637,48645 and 55018824 subject to the applicant entering into an agreement pursuant to Section 39 of the Community Planning Act containing the following conditions:- (1) the use of the property shall be restricted to the landscape contracting business; (2) the maximum number of outbuildings used during the course of the landscaping business shall be 3, being those presently located on the site; (3) the existing treed area shall remain as buffering and, in addition, the west boundary of lot number 55018824 shall be completely buffered with landscaping in a manner satisfactory to the Development Officer; (4) the south boundary of lots 55018824 and 48645 shall be completely buffered with landscaping to the satisfaction of the Development Officer; (5) no signs indicating the nature of the business shall be erected; (6) the hours of operation of the business shall be between 7:45 a.m. to 5:00 p.m., Monday to Friday; (7) outside storage may consist of a sand/salt pile in the winter of no more than 30 yards of sand to 1 yard of salt; (8) storage of herbicides and pesticides on the premises shall be prohibited; (9) the applicant shall prepare and submit to the Development Officer, a site development plan and specifications with respect to conditions 3 and 4, and the site development plan and specifications shall be acceptable to the Development Officer; (10) security shall be provided by the applicant to the City of Saint John in an amount to be determined within the complete discretion of the Development Officer to satisfy all and any terms of the above-noted conditions; and (11) third reading shall not be given until the site plan and specifications, and security referred to above, have been provided and approved by the Development Officer; and (2) the property known as NBGIC Number 369959 be subject to an agreement pursuant to Section 101 of the Community Planning Act requiring that: (1) the portion of lot number 369959, being 16.5 feet in width and running from Sandy Point Road to the back of Mr. Edward's property, will not be used as a driveway, or for storing equipment; (2) the slopes created by the filling in of that portion of lot number 369959, identified as remainder of lot number 369959, shall be landscaped to specifications to be approved by the Development Officer; and (3) security shall be provided by the applicant to the City of Saint John in an amount to be determined within the complete discretion of the Development Officer to satisfy all and any terms of the above-noted conditions. Consideration was also given to (a) letters and a petition in support of the re-zoning of 300 Sandy Point Road; and (b) a letter from Ms. Cathy Chipman, Spokesperson for the Residents of Sandy Point Road, expressing the opinion that the research by Community Planning was overlooked as the Planning Advisory Committee did not seem to raise any of the issues and concerns regarding access to and from the applicant's property from the aspect of the volume of traffic; and advising that there are a number of residents who wish to voice a final plea against the re-zoning of the subject property; and to a letter from Mr. William H. Teed, solicitor for Mr. Frank Arbo, Sr. (copies of which were distributed to Council members at this meeting), advising that, if Council should decide to give permission for residents to speak even though the public hearing has been held, Mr. Arbo or his representative would appreciate an opportunity to respond to any comments that may be made, and that Mr. Arbo does wish to confirm, however, that he is agreeable to all of the conditions outlined in the Planning Advisory Committee's report to Council. 83-69 COMMON COUNCIL AUGUST 19,1991 On motion of Councillor Knibb Seconded by Councillor A. 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, the properties at 300 Sandy Point Road identified by NBGIC Numbers 48637,48645 and 55018824, from Low Density Residential to Light Industrial classification, be read a first time. Councillor Landers asked if the concern about the traffic flow in the area, which was broached at the July 22 public hearing, has been addressed, to which Mr. Bedford replied that, with the access in its present location, the situation will continue to exist as it is now. Councillor Landers expressed concern that issues broached at the public hearing have not been addressed further and questioned the intended place of storage of pesticides, and also asked who would be responsible for ensuring that the proposed conditions are met. Question being taken, the motion was carried with Councillor Landers voting "nay". 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 Flewwelling RESOLVED that the by-law entitled, "A Law To Amend the Municipal Plan By-Law, by redesignating on Schedule 2-A, the Future Land Use Plan, the properties at 300 Sandy Point Road identified by NBGIC Numbers 48637,48645 and 55018824, from Low Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillor Landers voting "nay". 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 A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the properties at 300 Sandy Point Road identified by NBGIC Numbers 48637,48645 and 55018824, from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, be read a first time. Question being taken, the motion was carried with Councillor Landers voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the properties at 300 Sandy Point Road identified by NBGIC Numbers 48637,48645 and 55018824, from "R-2" One- and Two-Family Residential to "1-1" Light Industrial 83-70 COMMON COUNCIL AUGUST 19,1991 classification, subject to an agreement pursuant to Section 39 of the Community Planning Act, be read a second time. Question being taken, the motion was carried with Councillor Landers voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the property known as NBGIC Number 369959 be subject to an agreement pursuant to Section 101 of the Community Planning Act requiring that: (1) the portion of lot number 369959, being 16.5 feet in width and running from Sandy Point Road to the back of Mr. Edward's property, will not be used as a driveway or for storing equipment; (2) the slopes created by the filling in of that portion of lot number 369959, identified as the remainder of lot number 369959, shall be landscaped to specifications to be approved by the Development Officer; and (3) security shall be provided by the applicant to the City of Saint John in an amount to be determined within the complete discretion of the Development Officer to satisfy all and any terms of the above-noted conditions. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. (Councillors Fitzpatrick and Gould re-entered the meeting.) Notice had been given to Shane Dana Hebert to appear at this meeting of the Common Council to show cause, if any, why the building located at 26 Jones Drive, N.B.G.I.C. Number (formerly L.R.I.S.) 52860, in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson circulated photographs of the above-mentioned one-storey woodframed building which, he noted, depict the burnt-out shell of the building which is clearly more than 50 per cent fire-damaged; and expressed the opinion that, as the owner has not complied with the request to have the building removed, the only recourse is to have the building demolished under the 1925 Building Act as there is not enough left of the building with which to do anything else. Mr. Shane Hebert was present in the Council Chamber and advised that, having received a notice from the City about the building in January or February, he advised staff that the condition of the road was such that he could take no action; also advised that, although the City used to take care of the road, the City no longer does so on the basis that it is a private road; and also advised that it was his plan to demolish the building and build a house on the property; however, since the City no longer plows the road, there is no way to access the property during the winter. Mr. Hebert further advised that a prospective purchaser of the property has agreed that, when he takes possession of the land, he will remove any buildings on the property. During discussion Mr. Robichaud advised that the road beyond the cul- de-sac is a private road and the City has no jurisdiction there whatsoever; and Mr. Hebert advised that the fire occurred about two years ago and the building has been in its present condition since that time, and explained that, although he had until the end of May to obtain a permit to demolish the building, he forgot to do so because of work and other commitments. With regard to Mr. Hebert's suggestion that he be permitted to 83-71 COMMON COUNCIL AUGUST 19,1991 demolish the building and pile the material for removal by the prospective purchaser, Mr. Johnson replied that this would not meet the By-Law in that the building must be torn down and the debris deposited in a location known to the Building Inspection Department so that the deposit can be given back. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that notice having been given to Shane Dana Hebert, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 26 Jones Drive, N.B.G.I.C. Number (formerly L.R.I.S.) 52860, 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 26 Jones Drive in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Shane Dana Hebert is hereby required to remove or destroy the said building situate at civic number 26 Jones Drive, 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 Shane Dana Hebert to remove or destroy the said building situate at 26 Jones Drive 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 Shane Dana Hebert. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Fundy Regional Council Association for Community Living requesting a grant to cover the cost of the $165 rental fee for the Lily Lake Pavilion on August 24 for an Older Parents Project -- be referred to the City Manager. Councillor M. Vincent indicated his intent to second a subsequent motion proposed by Councillor Landers that Council approve a grant to the above group whereupon the Mayor questioned the normal procedure, to which Mr. Wilson replied that the policy adopted by Council is that Council does not forgive rent but would give a grant if it is considered that the undertakings of the organization in question are of a nature considered worthy of a grant. The Mayor proposed that each Council member could donate $15 to the above group, otherwise the referral motion is in order to determine if the group's request is within the policy. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Joan Parfitt in support of a second reactor at Lepreau -- be received and filed. Question being taken, the motion was carried. Mr. Michael Richard, Chairman of the Western Beaches Preservation Society, addressed Council concerning the Society's activities since its May 30 formation, the initial meetings having been organized by The Honourable Jane Barry, Minister of State for Childhood Services and MLA for Saint John West; and expressed the opinion that the critical issues for the beach area in question are beach access, property ownership, erosion of the embankment, sewage disposal, and present and future land use. Mr. Richard requested that (1) the Mayor and Council direct the City Solicitor to investigate the ownership of the lower portion of Sea Street, as well as the ownership of the roads leading to McLaren's Beach and Saint's Rest and report his 83-72 COMMON COUNCIL AUGUST 19,1991 findings through Council to the public, and that this issue be met with Council's immediate attention to allow the Society to continue its efforts to provide public access to these beaches; (2) the City participate in a series of meetings being proposed between the Society and Corporate, Federal, Provincial and Municipal representatives, the purpose of such meetings being to assure the initiation of proper actions on the issues as well as the preservation of properties in the areas of the erosion, with the Society's recommendation being that the residences in the Duck Cove area be immediately connected to the City sewage system and that a portion of the loop road be removed and landscaped; and (3) the Mayor and Council direct the Engineering Department to include plans and anticipated costs of improved road access to the beaches, the creation of parking areas and provision for the collection of garbage in its budget projections for the coming year. Mr. Richard distributed photographs of beaches in the subject area. The Mayor thanked Mr. Richard for his presentation and advised that it would be necessary for the City Manager and staff to address the Society's recommendations and report to Council, and Mr. Richard, in response to Council queries, advised that the barricades at the lower end of Sea Street were erected within the last month and a half, since the beach matter has become a public issue, and that the Society, through the City, has challenged the right to erect the barricades, and that The Honourable Jane Barry is pursuing the matter of abandoned test pit drill holes with NB Power, and the Society is awaiting a response to its letter to CPR about the erosion problem. With regard to the reference in the above presentation to municipal sewerage pouring directly into the water at Bay Shore Beach and to the contribution to the erosion problem of liquid effluent from sewers and septic systems, Mr. Robichaud suggested that Council should await the results of two studies, the approval of one which was considered earlier this date being relative to beaches and parks, the other being the Saint John Harbour Environmental Quality and Wastewater Treatment Strategy study which was announced earlier this date by the Tri-Level Committee; and advised that, having personally visited the site in question to check the sewage outfalls, they have eroded to a certain extent but are now practically stable; and Mr. Johnson advised that, having looked at the unsightly premises areas aspect referred to by Mr. Richard, he is unaware of any that is caused by CPR on which the City would have an action, although the City has taken action against a private landowner. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the presentation by Mr. Michael Richard, Chairman of the Western Beaches Preservation Society, be referred to the City Manager for study and a report to Council on the ownership of the parcel of land referred to, the conditions which possibly could be corrected through an inner-connection with the new sewage lagoon, and communication with other levels of government relating to the erosion and the matter of a loop road, and that the City Manager keep Mr. Richard informed of the City's action in this regard. The Mayor made the observation that Council's normal policy is to deal with delegations' presentations later in the meeting; however, because of the time, the above motion will be accepted. Question being taken, the motion was carried. Mr. Robichaud provided a verbal update on the progress of the anticipated hurricane and advised that City staff is being mobilized to deal with the issue. Mr. Edward Doyle of 69 Seaward Crescent appeared before Council on behalf of Concerned Residents of Red Head concerning Thomas Construction's removal of topsoil from the area and, having advised that he owns three lots in the present area where topsoil is being removed, referred to a prepared brief (a copy of which he subsequently filed with the Common Clerk) and commented on the background of the matter from August 19, 1985 at which time Council did not approve Thomas Construction Ltd.'s application for re-zoning property in the Woodlawn- Harbourview Subdivision area to permit grading and excavation of the site. Mr. Doyle explained that the August 1991 problem involves a new area from which approximately 83-73 COMMON COUNCIL AUGUST 19,1991 200 loads of topsoil have been removed, fill has been dumped and top soil piles have been created and remain in a new area, and expressed the opinion that the By-Law is totally ineffective and should enable the City to take immediate action to stop the illegal activity. Mr. Doyle referred to the submitted subdivision plan showing Paisley Street; suggested that removal of topsoil by the owner from his land is one thing but to remove topsoil from the City's land is an entirely different situation; and asked why, if the City owns Paisley Street, it would not take action to see that topsoil is not removed therefrom. Mr. Doyle concluded that the City, having implied to the Company that there will be no repercussions for any of its illegal activity, must now take a firm stand so as to indicate that persons must work within City laws, and that the residents trust that the area will be returned to its natural state and that housing, at some time, will be developed. Mr. Brown advised that, with regard to the matter of extraction, he, the Building Inspector, the Mayor, the Deputy Mayor and Councillor Flewwelling visited the site to observe the situation firsthand, and that the Building Inspector has had contact with Mr. John Colwell of Thomas Construction Ltd. with respect to what has happened on what is understood to be the City's road allowance in terms of removing what is probably City material and, if that has occurred, the City has requested that this be stopped and any removed material be returned. Mr. Brown also advised that the Legal Department has been requested to carry out a title search of the property to ensure that it has been properly and legally vested with the City and, depending on the information in this regard, the City's course of action would be considered with respect to the contravention of the By-Law; and expressed the understanding that a stop work order was served on Mr. Colwell and that the stop work order, to date, has been ignored. With regard to Mr. Brown's suggestion that Mr. Johnson advise the status on what occurred on this date in terms of going to court, Mr. Rodgers advised that the matter of court action is being examined in the Legal Department in conjunction with the Building Inspector. The Mayor advised the delegation present in the Council Chamber that the City Manager is undertaking a review of the City's by-law with a report to be submitted to Council in September on what, if any, changes should be made. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the presentation by Mr. Edward Doyle on behalf of Concerned Residents of Red, regarding Thomas Construction's topsoil removal, be referred to the City Manager and the City Solicitor for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk