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1991-09-30_Minutes 83-125 COMMON COUNCIL SEPTEMBER 30, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of September, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, 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; 1. Totten, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Baird, Manager- Development Division; P. Asimakos, Planner; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor 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 September 23, 1991, be approved. Question being taken, the motion was carried. The Mayor proclaimed the month of October 1991 to be Renovation Month in the City of Saint John in recognition of home renovation as a basic factor in economic progress, environmental responsibilities and quality of life; invited, on behalf of the 26th Battalion Overseas Association Inc., all Saint John citizens to the unveiling of a commemorative cairn at Pugsley Park, Water Street, on October 5; and noted the 200th anniversary celebration of Centenary Queen Square Church, the inauguration of the 150th year of the Cathedral of the Immaculate Conception, and the forthcoming 200th anniversary of Trinity Church. Mr. J. Thompson and members of the Saint John Family Week Committee were present in the Council Chamber, and Mr. Thompson addressed Council concerning National Family Week of October 7 to 13, and commented on the activities planned for Family Week in Saint John. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that a letter regarding the Dr. David Stephen Memorial Education Fund (copies of which were forwarded to Council members as an information item), and a resolution regarding the Saint John Regional Exhibition Centre (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to (1) redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 25 Station Street (NBGIC Number 40048), and portions of the adjacent street system, from Restricted Industrial and High Density Residential to Central Area Commercial classification; (2) redesignate on Schedule 6-A the same area to Civic- Commercial classification; and (3) amend Policy statement 6.3.1. to insert the words "civic, entertainment, and recreational", after the word "commercial" so that the policy reads: "To permit major concentrations of commercial, civic, entertainment and 83-126 COMMON COUNCIL SEPTEMBER 30, 1991 recreational facilities of a City-wide or regional significance elsewhere in the City only where it can be shown that the extent of facilities at the location intended will not likely, when established, result in a decline in the economic viability, vigour and vitality of the Central Business District. "; to place the site in an appropriate designation and add the appropriate policies for the development of the civic centre, and to permit the site to be re-zoned to "B-3" Central Business classification. Mr. Bedford confirmed that the above-proposed re-zoning would take into consideration all of the envisaged uses of a civic centre, including livestock, circus and exotic animals, and explained that the Lord Beaverbrook Rink is within another designation applicable to its use. In response to Councillor Flewwelling's question earlier in the meeting during approval of the September 23 minutes, related to the public auction, Mr. Hanlon advised that the City's auction is public and therefore there is no restriction on anybody, including City employees, bidding at the auction, with the reason for the sale being to allow all citizens an opportunity to bid for the equipment. Councillor Flewwelling expressed the understanding that Federal and Provincial Government employees, as well as trust company employees, are not allowed to bid at their auctions and questioned the legality of the City's policy, to which Mr. Hanlon replied that he knows of no restriction which prohibits City employees from bidding at a public auction. The Mayor suggested that this matter should be reviewed by the City Manager with a report to Council. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting correspondence regarding the National Peace Run '91 and the possible inauguration of Saint John as a Sri Chinmoy Peace City, a promising new peace project -- be referred to the City Manager for a recommendation to Council. Question being taken, the motion was carried. Read a letter from Mayor Wayne asking that Mr. Robichaud update Council at this meeting on the matter of flooding in the Glen Falls and other areas of the City, and on how the system works at the Causeway in view of recent construction by the Province on the floodgates. The Mayor made the observation that, in the recent flooding although there was less water, the water remained for a longer period of time than in other situations, and Mr. Armstrong explained that, comparing the recent situation with that experienced by the City in July 1990, the problem in the system is really at the Causeway structure itself where the Province is working, and that the flooding just experienced, which involved approximately 107 millimetres of rain over a 2-day period, compares with the July 1990 flooding in the amount of flooding except that it came in a different pattern of approximately 26 millimetres the first day and 79 the second day, while the current flood involved 49 millimetres the first day and 58 the second day, with staff's opinion being that the July 1990 flooding was more severe. Mr. Armstrong also explained that the problem in comparing the two situations relates to the fact that the July situation pre-dates the problem at the Causeway which is currently being addressed by the Province by construction at the site involving three of the five culvert structures under the Causeway; and that, in order to complete the work, it was necessary to put a coffer dam in place which has a protection device such that, when flood water comes up to a certain elevation behind the structure, it allows the water to enter the coffer dam and escape out the three culverts; however, what is essentially happening at the Causeway is that tidal water is flowing almost continuously back and forth through the structure and is not, in effect, being stopped by the flood gates, because the culvert structures themselves, which the tide gates are attached to, have been damaged and are not working efficiently; therefore, the Province is installing a liner system inside three of the five culverts this year to effectively try to tighten up the structure and, hopefully, the work will be completed in the next construction season. Mr. Armstrong advised that it would have been near impossible to try to do all five culverts at the same time in that the same type of problem as experienced in the recent flooding would occur with much less of a rain situation, and confirmed that the water 83-127 COMMON COUNCIL SEPTEMBER 30, 1991 has remained high in the Causeway in the recent flooding for a longer period of time than in previous situations. Ms. Christopher Williams, a member of the Tourism Committee of Saint John Board of Trade, addressed Council regarding a proposal for a City of Saint John Bicycle Path Network and, referring to the previously-submitted brief, advised that the Committee recognizes the tourism potential of the thousands of people who live just outside the City who would be motivated to visit the City via bicycle; and suggested that, because Saint John is divided into several distinct geographical segments, a cycle system would add a significant link between communities. Mr. Williams explained the reason for the Committee's recommendation that Common Council support and develop a cycle tour route, similar to those in other cities, thereby offering a recreational method of accessing uptown Saint John and to explore the City's tourist attractions along the route; and recommended that Council approve funding for a region-wide, national-class cycle route for Saint John. Mr. Williams displayed a map of basic routes that could be easily established as bicycle paths in Saint John, noting that many areas would have to be identified through various coloured lines or signage, with the Committee's suggestion being that corporate sponsorship might be available for certain portions of the paths, signage provision for a particular area, or bicycle wraps with locks; and noted the presence in the Council Chamber of Ms. Lucille Pitre, Chairman of the Committee, and Mr. Darryl Goyetche, General Manager of the Saint John Board of Trade. The Mayor noted that Council, on September 16, referred the matter of bicycle paths in the City to the City Manager for consideration and that the above presentation should assist staff in reaching a conclusion on what action can be taken. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the presentation by Mr. Christopher Williams of the Board of Trade Tourism Committee, of a proposal for a City of Saint John Bicycle Path Network, be referred to the City Manager for review and a report to Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Councillor Flewwelling advising of requests for four-way stop signs at the intersection of Bleury and Sherbrooke Streets as heavy trucks are inclined to speed on these streets; and asking Council to support the recommendation of four-way stop signs and a blinking red light at this intersection -- be referred to the City Manager for a recommendation to Council. Councillor Fitzpatrick made the observation that Councillor Flewwelling's recommendation was to put the four-way signs in place, whereupon Councillor Knibb noted that he seconded the motion on the basis of the matter being referred to City staff for a recommendation, and that Councillor Flewwelling confirmed his support of the referral. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that The Market Square Corporation be authorized to proceed to tender for site preparation work for the Saint John Regional Exhibition Centre. Councillor Flewwelling proposed that the above matter be tabled on the basis that Mr. J. Shackleton, General Manager of The Market Square Corporation, gave 83-128 COMMON COUNCIL SEPTEMBER 30, 1991 an impression in Committee of the Whole that the timing of the resolution is such that it would be too late to do any work and that, as Council is to have a teach-in on the matter, the above matter should be included in the teach-in and that, as well, other considerations have been brought forth in reports from the City Manager. The Mayor noted that Council is to have a teach-in at noon on October 7, and that there is a sense of urgency to proceed with the above tender so that amounts can be determined to compare with amounts already given to Council, and asked if there was a seconder to the tabling motion. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Knibb, A Vincent and M. Vincent voting "nay". Councillor Fitzpatrick asked the consultant's estimate of the above proposed site work, to which the Mayor replied that the work is estimated at $1.1 million. Question being taken, the original motion was carried with Councillors Flewwelling and Gould voting "nay". Councillor Coughlan commented on the purpose of the Dr. David Stephen Memorial Education Fund, as explained in the correspondence from the Saint John Regional Multi-Disciplinary Child Abuse Team, and noted that contributions to the Fund can be made by purchasing tickets to the Memorial Dinner to be held on October 29, or through financial contributions to the fund. On motion of Councillor Gould Seconded by Councillor Knibb 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 September 18-24, 1991 $55,880.94 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 Akzo Salt Ltd., at a cost of $32.37 per tonne, be accepted for supplying and delivering salt for the 1991-92 winter season. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 91-21, Main Street and Kennedy Street water and sewer renewal, be awarded to the low tenderer, Dean Construction Limited, at the bid price of $433,029, 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 Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that as recommended by 83-129 COMMON COUNCIL SEPTEMBER 30, 1991 the City Manager, contract 91-23, Haymarket Square, Old Black River Road and Saint Catherine Street sewer renewal, be awarded to the low tenderer, QM Construction Ltd., at the bid price of $202,696, and 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 Gould RESOLVED that the report from the City Manager advising that, with regard to concern expressed by Council on September 16 about the factors that are considered when making recommendation for award of tenders, staff considers not only cost but experience, ability, specifications and past performance when evaluating tenders; also advising that contractors are required to operate under the Occupational Health & Safety Regulations, and their performance in this area is monitored by the Department of Labour and that this, and the factors mentioned above, are monitored by staff and taken into consideration when preparing reports for Council's consideration, and that staff draws to Council's attention the reasons for recommending other than the lowest tender; and further advising that staff will be presenting a detailed report for Council's consideration within the next three months on the whole question of competitive bidding -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that the first of two required advertisements for the public hearing of the proposed Municipal Plan amendment and re-zoning of 101 Ashburn Road, which is the subject of an application of Strescon Limited, was published with the incorrect indication of the proposed land use designation in that Light Industrial was advertised not Heavy Industrial as requested, and that, as the time remaining before the October 15 public hearing date, previously set by Council, does not allow for a correct re- advertisement of this application, Common Council is being requested to set a new public hearing date, with the earliest possible date being November 12; also advising that the applicant has been advised of this and has indicated this will not cause any problems with its schedule as it is anticipating a spring 1992 start in any event; and recommending that Common Council authorize a public hearing date of November 12, 1991 for this application -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that, in 1988, the Parks Department staff recognized a need to acquire a larger wagon to accommodate more people for hay rides in Rockwood Park and, on April 6 of that year, took delivery of a Horst Model 200 farm trailer which was to be utilized for that purpose at a cost of $1,250.41, although it was found too heavy to drive safely with 25 adults and children after a box was retro-fitted by the Supply and Services Carpenter Shop; and also advising that the Parks Department removed the existing box and placed the unit in the recent 1991 vehicle auction where it sold for $1,000, and the box will be retained and, upon purchase of a smaller trailer, will be retro-fitted once again -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the 83-130 COMMON COUNCIL SEPTEMBER 30, 1991 Chief of Police submitting correspondence from Mr. Douglas McQuinn, Chairman of Saint John and Western District Crime Stoppers, requesting a grant of at least $1,000 to assist in defraying the cost of hosting the Crime Stoppers Annual Conference in Saint John on October 18 to 20; and requesting that Council give favourable consideration to this request on the basis that the benefits to law enforcement agencies through Crime Stoppers is immeasurable -- be received and filed and a grant of $1,000 be approved. Chief Sherwood, in response to Councillor Fitzpatrick, advised that the City gave a grant of $3,000 to the above group in May 1991 for payment of awards as a result of tips, which has nothing to do with the forthcoming Conference. Councillor Knibb asked for clarification on the motion with respect to the amount proposed to which Councillor Coughlan advised that his intent was for a grant of $1,000, whereupon Councillor Knibb, in noting that Council usually considers such grant requests first in Committee of the Whole to determine an appropriate amount in comparison with other grant requests, expressed the opinion that the amount proposed is too much for the City to give. Councillor Fitzpatrick proposed a motion, which was not seconded, that the above matter be tabled. The Mayor asked if a report could be submitted to Council at its next meeting to which Mr. Wilson replied that the policy in place, if the matter is referred to the City Manager, would result in the City Manager deciding on a grant up to $500; however, in the past when groups with similar objectives to a City department submit grant requests, Council has, in fact, approved amounts greater than $500, and it is Council's discretion to do so. Question being taken, the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". Consideration was given to a report from the Planning Advisory Committee regarding the application of Reid Chedore "In Trust" for an amendment to the Section 39 conditions of re-zoning of the Old General Hospital property at 189 Waterloo Street, which was tabled at the September 16 public hearing; submitting a copy of the Planning staff report considered at its September 24 meeting at which the applicant, Geneva Roth Holdings Ltd., was represented by Reid Chedore, and Mr. Dennis Weaver, an adjacent land owner, expressed concerns with regard to the proposed site plan; and also submitting a copy of Mr. Weaver's letter in this regard. The report advises that, based on advice that it would be inappropriate to give approval to any subdivision prior to Council approving an amendment to the existing conditions, it will be appropriate, if Council approves the applicant's proposal for the four proposed parcels, for the Committee to deal with the subdivision of the subject site; also advises that, with respect to the possibility of adding a condition that would require financial security to ease the concern that the applicant may leave the City with the responsibility of demolishing the main hospital building, Mr. Chedore indicated that a requirement for security may economically prohibit the applicant from developing the site; and further advises that Mr. Chedore agreed to a condition which will require the demolition of the old nurses' residence within six months of Council's approval of the subject application. The report recommends that the conditions imposed pursuant to Section 39 of the Community Planning Act on September 29, 1986, be amended as follows:- I. 1. The building located on Parcel "G", formerly the boiler house and containing approximately 15,000 square feet, will be occupied for the purposes of retail and associated warehouse space. 2. The parking requirements of this site will meet the standards required for the "B-3" Central Business Zone of the City of Saint John Zoning By-Law. 3. The site will be developed in accordance with a detailed plan to include proper landscaping, parking, and access which the developer must submit to the Development Officer and obtain the Development Officer's approval prior to building permit or demolition permit approval. The general layout of this plan will be in accordance with the submitted tentative site plan. 4. Signage will meet the standards of the "B-2" General Business Zone of the Zoning By-Law. 11.1. The building located on Parcel "F", formerly the interns' residence and containing 83-131 COMMON COUNCIL SEPTEMBER 30, 1991 approximately 12,000 square feet, will be occupied for the purposes of business offices not to include retail. 2. The parking requirements will meet the standards of the "B-3" zone of the Zoning By-Law. 3. The site will be developed in accordance with a detailed plan to include proper landscaping, parking, and access which the developer must submit to the Development Officer and obtain the Development Officer's approval prior to building permit or demolition permit approval. The general layout of this plan will be in accordance with the submitted tentative site plan. 4. Signage will meet the standards of the "B-2" General Business zone of the Zoning By-Law. 111.1. The portion of the building "C" and "D", shown on the submitted tentative site plan, shall be demolished within six months of Common Council approval. 2. The remainder of the building being "E", comprising approximately 48,000 square feet of five floors, shall be situated on a lot proposed to be created having the area and configuration shown as Parcel "E" on the submitted plan. 3. The said remainder as Parcel "E" of the building shall be used for approximately 24,000 square feet of office space and 19 residential apartment purposes. 4. The site will be developed in accordance with a detailed plan to include proper landscaping, parking, and access which the developer must submit to the Development Officer and obtain the Development Officer's approval prior to building permit or demolition permit approval. The general layout of this plan will be in accordance with the submitted tentative site plan. 5. Signage will meet the standards of the "B-2" General Business Zone of the Zoning By-Law. IV.1. The cross-hatched portions of the buildings located on Parcel A, B, C, D, formerly the main hospital building and nurses' residence building, will be demolished. 2. The remaining portions, A and B, of the main hospital building will be used for the same purposes as the proposal adopted in 1986 outlined. 3. The developer shall show on any subdivision plan of Parcel A, B, C, D, an easement for the purposes of access and egress to the benefit of Parcel "F", over the area identified in the submitted plan. Furthermore, the developer must create and register the said easement simultaneously with the conveyance of either Parcels A, B, C, D or F. 4. The site will be developed in accordance with a detailed plan to include proper landscaping, parking, and access which the developer must submit to the Development Officer and obtain the Development Officer's approval prior to building or demolition permit approval. The general layout of this plan will be in accordance with the submitted tentative site plan. 5. The developer shall show on any subdivision plan of Parcel A, B, C, D, an easement to the benefit of Parcel "G", for the purposes of access and egress over the area identified in the submitted plan. Furthermore, the developer must create and register the said easement simultaneously with the conveyance of either Parcels, A, B, C, D or G. 6. Signage will meet the standards of the "B-2" General Business Zone of the Zoning By-Law. V. 1. The access road to Parcel "F" be constructed at the location shown on the submitted site plan prior to building occupancy on this parcel. This access must be 83-132 COMMON COUNCIL SEPTEMBER 30, 1991 constructed to the satisfaction of the Chief City Engineer or that security, as determined by the Chief City Engineer, is provided by the current owner at the time of transfer in ownership of the same parcel. V1.1. The buildings and structures on each of the four parcels are to be maintained in a safe condition secure from entry by unauthorized persons, by the applicant prohibiting access to the public until such time as ownership changes hands. V11.1. In the event that utility services to any of the four proposed lots encroach upon one or more of the other proposed lots, then the developer must create and register the appropriate easement(s) simultaneously with the conveyance of any of the proposed lots affected. V1I1.1. The demolition of building portions identified as "C" and "D" on the applicant's tentative site plan be demolished prior to occupancy of the McNaughton building located on Parcel "E". IX. 1. The conditions as described above become part of an agreement between the owner(s) and the City pursuant to Section 39 of the Community Planning Act. Consideration was also given to a letter from (a) Mr. W. S. Reid Chedore of the law firm of Mosher Chedore expressing the understanding that the Old General Hospital complex matter is to be reviewed and considered by Council at this meeting, and asking for the opportunity to speak with respect to the application; and (b) from Mr. Dennis Weaver requesting the opportunity to make a presentation to Council if new or modified information is presented by Mr. Chedore on behalf of Geneva Roth Holdings Ltd. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Mr. Reid Chedore and Mr. Dennis Weaver be invited to address Council at this time. Question being taken, the motion was carried. Mr. Chedore appeared before Council; expressed agreement with the Planning staff report, and advised that, while he has not had an opportunity to review the above report from the Planning Advisory Committee, he is in agreement with the Committee's comments at its September 24 meeting. Mr. Chedore made the observation that his client is dealing with only two of the four buildings, one being the so-called boiler house, and the other being the so-called interns' residence; and advised that, following the public hearing, there was discussion with Mr. Weaver and that he believes Mr. Weaver's concerns can be addressed. Mr. Chedore was offered the opportunity to peruse the Planning Advisory Committee's letter, and he advised that, through discussion with Mr. Bedford, it is his understanding that the only difference between the Committee and staff's report is the requirement for demolition for a portion of the nurses' residence, which was discussed at the Committee's meeting and to which his client has no objection. Councillor Coughlan asked the intent with respect to securing the main hospital building to which Mr. Chedore noted that there has been brief discussion with the City Manager in this regard, and Mr. Brown advised that, having noted from the Committee's recommendation that security was not included in the conditions, he contacted Mr. Chedore to determine if he were receptive to having the report referred by Council to the City Manager to explore whatever security might be developed with respect to that building, and Mr. Chedore has agreed with the referral. Mr. Weaver appeared before Council and, having noted that his two major concerns relate to parking and traffic flow on Alma Street and the effect of construction and heavy vehicular traffic on the old buildings which have stone foundations, advised that, having had discussion with Mr. Chedore and his associates, he has been assured by Mr. R. Turner of Hughes Surveys that the width of Alma Street would enable him to have access to four parking spaces, at least, on the north side, 83-133 COMMON COUNCIL SEPTEMBER 30, 1991 and that the entry and exit to the parking lot intended for the south side of Alma Street would still leave access for three more parking spaces; and that it is his understanding that he would have to have an engineering assessment of the foundations of his buildings carried out prior to construction start in order to launch a claim if problems arise due to the use of explosives or heavy traffic. Mr. Weaver concluded that, at this point, if things proceed in the manner discussed, he has no problem with the proposal. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Manager. Question being taken, the referral motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) the sum of $1,200 be accepted as money in lieu of land for public purposes with respect to Lot 91-1 at 353 Dwyer Road (NBGIC Number 55030589); and (2) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required concrete curb and sidewalk extension. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from The City of Saint John Environment Committee submitting information on the Conservation Council's proposal for the development and protection of Black Beach; conveying its support for the concept as the first step in eventual preservation of the Musquash Marsh; and requesting Council to give consideration to hearing the presentation of the Committee for the proposed Black Beach Headlands Park Project -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Robert R. and Shirley R. Thorne for the re-zoning of 1770 Sand Cove Road 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 Tuesday, November 12,1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mrs. Marie Foote for the re-zoning of 212-214 Pitt 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 Tuesday, November 12, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb 83-134 COMMON COUNCIL SEPTEMBER 30, 1991 Seconded by Councillor Coughlan RESOLVED that the application of Mr. James Lawrence Adams for the re-zoning of 92 Mallette Road 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 Tuesday, November 12, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Peter Pappas explaining one point of dissention relative to his application 90-5 for funding under the Housing Through lnfill Development Program with respect to the setback from the front property line in that the Department of Housing and Property Management contends that the intended 20-25 foot setback is not in keeping with the context of the other buildings in the area and has stated that a maximum 5-foot setback would be acceptable for funding through the H.I.D. Program, although the Department did state that a 25-foot setback is acceptable and approved for this project at 269 Princess Street if the H.I.D. Program grant is not applied; advising why he proposes a 20-25-foot setback, and asking why the Department would approve Manford Thompson's project for a H.I.D. grant and then deny a practically identical project one block away; and requesting that the decision made by the Housing and Property Management Department to refuse funding be re-evaluated by Common Council at the earliest opportunity -- be laid on the table for one week when Mr. W. D. Todd, Director of Housing and Property Management, is available to respond to Council queries. Question being taken, the tabling motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk