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1991-11-12_Minutes 83-201 COMMON COUNCIL NOVEMBER 12, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twelfth day of November, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; M. Jamer, Director of Works; R. Johnston, Deputy Fire Chief; B. Thompson, Deputy Chief of Police; J. Baird, Manager- Development Division; Ms. C. Joyce, Assistant Common Clerk; and Mrs. L. Linton, Secretary. Reverend Mel Norton, Pastor of the First Wesleyan Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on November 4, 1991, be approved. Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber Mr. Rolf Spangenberg, Chairman of the Cruise Ship Committee, who reviewed the Committee's activities to date and, in advising that 13 ship visits are committed for 1992, expressed appreciation to the various groups of people who have helped make this endeavour a success. The Mayor proclaimed the month of November to be Crohn's and Colitis Month in the City of Saint John. (Councillor A Vincent entered the meeting.) The Assistant 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, two parcels of land located at civic number 101 Ashburn Road (NBGIC Numbers 55020259,55020424 and part of 55024921), from Low Density Residential to Heavy Industrial classification; and (b) re-zoning the same two parcels of land from "P" Park to "1-2" Heavy Industrial classification, to permit the lands to be used for the quarrying of rock and access to the quarry site, as requested by Strescon Limited, and that letters of objection have been received from Messrs. Del Ferguson and Brian A Northrup. Consideration was also given to a letter from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its November 5 meeting at which the applicant was represented by Randall Hatfield of Stewart, McKelvey, Sterling, Scales, and no persons spoke in opposition to the re- zoning; also submitting for Council's consideration a copy of a letter received after the Committee's meeting; and recommending that (1) the proposal to amend the Municipal Development plan to redesignate on Schedule 2-A of the Future Land Use Plan, from Low Density Residential to Heavy Industrial classification two parcels of land located at civic number 101 Ashburn Road (NBGIC Numbers 55020259,55020424 and part of 55024921) be approved as proposed; (2) the proposed re-zoning of the same parcels, from "P" Park to "1-2" Heavy Industrial classification, also be approved subject to a resolution pursuant to Section 39 of the Community Planning Act, to permit the proposed development on condition that: (a) the site is buffered in accordance with a 83-202 COMMON COUNCIL NOVEMBER 12, 1991 plan to be approved by the Development Officer; (b) a berm be developed within 12 months of receiving the excavation permit for the proposed quarry, on the applicant's land located adjacent to the access and as indicated on the buffer plan; and (c) a geotechnical engineer be engaged to determine the appropriate blasting program and limits for a pre-blast survey if required by the Building Inspector. Mr. Del Ferguson of 579 Rothesay Avenue, speaking in opposition to the re-zoning, questioned the need for another quarry and gravel pit and whether or not the aggregate at the quarry had been tested; and expressed concern over noise, blasting, dust control, truck traffic, the effects on the flood plain, and the visual impact on the Throughway of the proposed operation. Mr. Randall Hatfield, solicitor for the applicant, appeared in support of the application, introduced Hans Klohn, Jr., Assistant to the President of Strescon Limited, and Ross Whitcomb, Geotechnical Engineer of Jacques Whitford & Associates Ltd., and, responding to Mr. Ferguson's query, advised that geological testing took place in September 1991, which determined that the aggregate is of sufficient quality and quantity to last 25 years. Mr. Ross Whitcomb, Geotechnical Engineer of Jacques Whitford & Associates Ltd., advised that his firm will be involved in monitoring the vibrations and noise from blasts at the quarry. Responding to a query of Councillor M. Vincent with respect to access from the quarry to the Throughway, Mr. Hatfield advised that the applicant proposes to quarry and process on site and, as there will be no need to truck in aggregates from its current supplier, truck traffic on City streets will be significantly reduced. Mr. Hatfield explained that, in order to apply for an excavation permit, both the Municipal Plan and the Zoning By-Law must conform and Strescon is seeking a Plan amendment and re- zoning of portions of its land adjacent to its production facility that would enable it to apply for an excavation permit; and noted that Council at this meeting is not giving permission to excavate. In response to Councillor Gould's concern about late night operation and the effect of the noise on the neighbourhood, Mr. Klohn advised that the hours of operation would be normal business hours from 8:00 a.m. to 4:30 p.m., that the quantities of material required would not warrant longer hours, and that dust control would be kept to the standards set by the Department of Environment. In response to Councillor M. Vincent's query as to whether or not the proposed operation would affect the flood plain, Mr. Bedford advised that the proposal is not within the flood plain and there should be no impact, and the property is protected by the lands owned by the City between the quarry site and Marsh Creek. Reference was made to the facings of some of the rock on the Throughway and whether blasting will cause further damage to the open face rock cuts that exist along the Throughway closer to Strescon, and Mr. Whitcomb advised that the potential exists that any loosened rock may fall into the ditch and, to prevent this from happening, the face should be scaled by a backhoe. The Mayor noted that staff will contact the Province to have this monitored. On motion of Councillor A. Vincent Seconded by Councillor Knibb 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, two parcels of land located at civic number 101 Ashburn Road, (NBGIC Numbers 55020259, 55020424 and part of 55024921), from Low Density Residential to Heavy Industrial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A the 83-203 COMMON COUNCIL NOVEMBER 12, 1991 Future Land Use Plan, two parcels of land located at civic number 101 Ashburn Road, (NBGIC Numbers 55020259, 55020424 and part of 55024921), from Low Density Residential to Heavy Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, " A Law To Amend the Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor 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 two parcels of land located at civic number 101 Ashburn Road, (NBGIC Numbers 55020259, 55020424 and part of 55024921), from "P" Park to "1-2" Heavy Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor 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 two parcels of land located at civic number 101 Ashburn Road, (NBGIC Numbers 55020259, 55020424 and part of 55024921), from "P" Park to "1-2" Heavy Industrial classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above correspondence regarding the proposed amendments be received and filed. Question being taken, the motion was carried. The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 220 Waterloo Street (NBGIC Number 13490), from "RM-1" Three Storey Multiple Residential to "B-1" Local Business classification, to permit the establishment of a convenience store in a portion of the first floor of the existing building, as requested by Philip Massey 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 November 5 meeting at which no persons spoke in opposition to or in favour of the application; and recommending approval of the application to re-zone the subject site from "RM-1" Three Storey Multiple Residential to "B-1" Local Business classification, to permit the establishment of a convenience store in a portion of the first floor of the existing building, on the condition that a proper garbage receptacle is provided on site. Mr. Robert McCavour, owner of Richard's Service Centre at 218 Waterloo Street, spoke in opposition to the above proposal; noted the number and location of convenience stores in the area, which are not referenced in the Planning 83-204 COMMON COUNCIL NOVEMBER 12, 1991 staff report; and advised that the variety store, referred to in the staff report, at the corner of Exmouth Street was almost put out of business by vandalism and crimes against it and had to be turned into a fortress to stay in operation. Mr. McCavour expressed his concern over the type of clientele the proposed store might attract; and the fact that there are only four-30 minute parking spaces in front of his business and the adjacent property at 220 Waterloo Street, as his business relies on parking. Mr. Philip Massey of 609 Gondola Point Road addressed Council in favour of his application for re-zoning; advised that he purchased the building 2 years ago, renovated it and the assessment has tripled and he is satisfied with his tenants. In response to Councillor Fitzpatrick, Mr. Massey advised that the store size is 13 feet square, with his proposal being to convert one of the windows to a door; and that the building contains three apartments, two of which are empty, with his intention being to rent the store to one of the tenants. With respect to the 30-minute parking spaces, Mr. Massey advised he would have no problem with the City reducing the parking time to 10 or 15 minutes. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 220 Waterloo Street (NBGIC Number 13490), from "RM-1" Three Storey Multiple Residential to "B-1" Local Business classification, be read a first time. Question being taken, the motion was lost with the Mayor and Councillors Fitzpatrick, Flewwelling, Gould, Landers, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a 1.25 acre portion of a larger lot at 1770 Sand Cove Road (NBGIC Number 403592), from "RF" Rural to "RFM" Rural Mobile Home classification, to permit the location of a mobile home on a portion of the larger lot which presently contains a one family dwelling, as requested by Robert R. and Shirley R. Thorne, and that no written objections were received in this regard, with a copy of a letter from the applicant to the Planning Advisory Committee having been received. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its November 5 meeting at which the applicant and his daughter, who is trustee for her disabled brother, expressed agreement with the recommendation in the staff report, with the exception of part (3) of the section 39 conditions, and no person spoke in opposition to the application; and recommending that an approximately 1.25 acre portion of a larger lot at 1770 Sand Cove Road (NBGIC Number 403592), be re-zoned from "RF" Rural to "RFM" Rural Mobile Home classification subject to a resolution pursuant to Section 39 of the Community Planning Act requiring that (1) prior to building permit approval for the placement of the mobile home, the applicant provide evidence of approval by the Department of Health of the on-site sewage disposal facilities; (2) the mobile home site remain as part of the larger property; and (3) the mobile home be for the use of the parents and disabled brother of the present occupant of the one- family dwelling on the lot, and that the mobile home be removed when no longer required for this purpose. 83-205 COMMON COUNCIL NOVEMBER 12, 1991 On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 1.25 acre portion of a larger lot at 1770 Sand Cove Road (NBGIC Number 403592), from "RF" Rural to "RFM" Rural Mobile Home classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 1.25 acre portion of a larger lot at 1770 Sand Cove Road (NBGIC Number 403592), from "RF" Rural to "RFM" Rural Mobile Home classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting) The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 212-214 Pitt Street (NBGIC Number 04986), from "RM-1" Three Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to place the existing special care home in the appropriate institutional zone, with no additions or changes to the building proposed, as requested by Mrs. Marie Foote, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of Planning staff's report considered by the Committee at its November 5 meeting at which Alice Brown attended on behalf of the applicant, and advised that she has no concerns with the recommendation of the staff report; and recommending the re-zoning of the property at 212-214 Pitt Street (NBGIC Number 4986), from "RM-1" Three Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licenced by the Province. On motion of Councillor Knibb Seconded by Councillor Landers 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 83-206 COMMON COUNCIL NOVEMBER 12, 1991 land at 212-214 Pitt Street (NBGIC Number 04986), from "RM-1" Three Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 212-214 Pitt Street (NBGIC Number 04986), from "RM-1" Three Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. (Councillor M. Vincent withdrew from the meeting) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending the conditions with respect to the January 25, 1988 re-zoning of a 2.2 acre parcel of land at 520 Somerset Street (NBGIC Number 46417), to permit a revised proposal for the construction of a warehouse for a roofing contractor, as requested by Wm. P. Dowd & Sons Ltd., 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 Planning staff's report considered by the Committee at its November 5 meeting at which the applicant appeared and expressed agreement with the recommendation; and recommending that the conditions attached to the January 25, 1988 re-zoning of a 2.2 acre parcel of land at 520 Somerset Street (NBGIC Number 46417), be deleted and replaced with the following: (1) the use of the property shall be limited to a contractor's warehouse and associated parking area; (2) the site shall be developed in accordance with a site plan to be approved by the Development Officer, indicating the location of buildings, structures, parking facilities and landscaped areas in accordance with Zoning By-Law requirements and including the following: (a) asphalt parking and vehicular circulation areas enclosed by poured-in-place concrete curbs; (b) site drainage facilities which meet Engineering Department requirements; and (c) landscaping of areas not occupied by buildings, structures and parking areas; and (3) the work shown on the site plan shall be completed within one year of building permit approval. Consideration was also given to a letter from the City Manager advising that subsequent to the Planning Advisory Committee meeting on November 5, the applicant contacted the Community Planning Department requesting that the wording of part (1) of the proposed Section 39 amendment be changed to more accurately reflect the proposed use of the property and that the reference to "a contractor's warehouse and associated parking area" be replaced by "contractor's warehousing, general warehousing and associated accessory uses", and recommending that part (1) 83-207 COMMON COUNCIL NOVEMBER 12, 1991 of the proposed Section 39 resolution be amended to read as follows:- (1) the use of the property shall be limited to contractor's warehousing, general warehousing and associated accessory uses. Mr. Bruce Dowd, owner of Wm. P. Dowd & Sons Ltd., spoke in favour of the application, and advised that he is in agreement with the above recommendation, with the exception of the wording of part (1) of the Section 39 conditions, as explained in the above report from the City Manager. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the conditions attached to the January 25, 1988 re-zoning of a 2.2 acre parcel of land at 520 Somerset Street (NBGIC Number 46417), which were imposed pursuant to Section 39 of the Community Planning Act, be deleted and replaced with the following: (1) the use of the property shall be limited to a contractor's warehousing, general warehousing and associated accessory uses; (2) the site shall be developed in accordance with a site plan to be approved by the Development Officer, indicating the location of buildings, structures, parking facilities and landscaped areas in accordance with Zoning By-Law requirements and including the following: (a) asphalt parking and vehicular circulation areas enclosed by poured-in-place concrete curbs; (b) site drainage facilities which meet Engineering Department requirements; and (c) landscaping of areas not occupied by buildings, structures and parking areas; and (3) the work shown on the site plan shall be completed within one year of building permit approval. Question being taken, the motion was carried. Her Worship the Mayor requested that Mr. Louis Murphy be given the opportunity to address Council at this time. Mr. Louis Murphy, M.L.A.- Saint John Harbour, reviewed the points outlined in his previously-submitted letter, namely, (1) snow removal and sanding for Mrs. Alice Wilson who resides at 452 Milford Road; (2) repairs to the guard rail on Milford Road opposite Williams Street, which was a subject of Council consideration on March 25; (3) parking for the disabled on Chipman Hill; and (4) blasting of the corners of the railway tunnel near the Reversing Falls Bridge, which was the subject of a previous request on October 7; and he also requested that consideration be given to installing auditory-type pedestrian lights for the blind at the corner of Church Avenue and Main Street West. (Councillors Fitzpatrick and M. Vincent re-entered the meeting during the foregoing presentation.) Mr. Robichaud explained that the reason the City previously plowed the roadway to 452 Milford Road was because the property was owned by the City of Saint John and was the access to the cold mix plant; however, two years ago the property was sold and will no longer be serviced by the City as it is private property; and that the guard rail on Milford Road will be installed next week. Mr. Bob Boyce, President of the Human Development Council, introduced Jean Cunningham, Secretary of the Board; Greg Hierlihy, Treasurer; Karen Ludwig, Researcher; and Cathy Wright, Executive Director; and addressed Council on the Human Development Council's role in its efforts to solve social problems in the community. Ms. Cunningham commented on the Information Network and the Human Services Directory (copies of which were distributed to Council members at this time); and Ms. Ludwig commented on the research project carried out with respect to senior citizens in the community, such services having been outlined in the Human Development Council's previously-submitted brief. The Mayor thanked the members of the Human Development Council for their community efforts. 83-208 COMMON COUNCIL NOVEMBER 12, 1991 On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the presentation of Mr. Louis Murphy, M.L.A., be referred to the City Manager for action on the matters referred to as soon as possible. Question being taken, the motion was carried. Shirley McAlary, President of Saint John Central Business Development Corporation, presented the Corporation's 1992 program and budget, in keeping with section 4 of the Business Improvement Areas Act of the Province of New Brunswick, the budget having been approved by the Corporation's Board of Directors and by the general membership, and providing for a business improvement levy in the amount of $210,000, representing 11 cents per $100 assessment based on a 4.5% increase in property values. Ms. McAlary advised that the Corporation would consider a request for an uptown promotion during the forthcoming Christmas season, as broached in a letter from the Mayor which is on the agenda of this meeting; and commented on the matter of possible free parking in the uptown area on Thursday and Friday nights and on Saturday. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that authority be granted for the necessary advertising with respect to the 1992 budget of the Saint John Central Business Development Corporation. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that she has met with representatives of the Central Business Development Corporation regarding promoting the uptown area; suggesting that the City consider having a portion of Charlotte Street, from Union Street to the City Market, designated as a pedestrian mall for the Christmas season, and that the Central Business Development Corporation be asked to decorate the area and organize a Christmas tree trimming competition for the uptown businesses; and also suggesting that consideration could be given to designating South Market Street for this purpose and to have this program in place in time for the annual Santa Claus Parade on November 23 -- be referred to the Central Business Development Corporation and the City Manager for a report. Councillor M. Vincent questioned the time frame for advertising for temporary closing of the streets in question to which Mr. Rodgers advised that he is not aware of temporary street closings, other than for emergency situations. Councillor M. Vincent suggested that it might be necessary to give first and second readings to the Street Closing By-Law at this time in order to meet the date of November 23. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to the temporary closing of Charlotte Street between Union Street and King Street North, and South Market Street, be read a first time. 83-209 COMMON COUNCIL NOVEMBER 12, 1991 Question being taken, the motion was carried. Read a first time a by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to the temporary closing of Charlotte Street between Union Street and King Street North, and South Market Street, be read a second time. Question being taken, the motion was carried. Read a second time a by-law entitled "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the presentation of the Human Development Council be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Helen Newman, Director of the Public Relations Branch of the Tourism, Recreation and Heritage Department for the Province of New Brunswick, advising that in September of 1990, New Brunswick hosted the Society of American Travel Writers annual convention to which the City was an important contributor to the success of the event; and that to date there has been in excess of $2 million in promotional coverage on New Brunswick; and expressing appreciation to Mayor Wayne for her support and enthusiasm -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Dymaxion Research Ltd., at a cost of $60,563.49, plus taxes, be accepted for the supply and installation of distributed office environment computer equipment. Concern was expressed over the fact that only one tender had been received. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the report from the City Manager referring to his previous report to Council on October 28 with respect to a Planning Advisory Committee item regarding the temporary access to a woodcutting operation located at 1067 Red Head Road and the concern raised regarding the movement of trucks over the underground pipeline owned by Irving Oil Ltd. that crosses the property; advising that Jim Lloyd, Project Engineer for Irving Oil Ltd. inspected the location and does not have any reason for concern with the interaction of the proposed woodcutting operation with the underground pipeline -- be received and filed. 83-210 COMMON COUNCIL NOVEMBER 12, 1991 The Mayor asked staff to submit a report on a matter broached by Councillor A. Vincent concerning a woodlot on Golden Grove Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council resolution of May 6, 1991, with respect to charges and fees at the Spruce Lake sanitary landfill site, be rescinded, and the following scale of charges and fees be adopted:- Effective 01 January 1992 Commercial: Up to 500 kg. Over 500 kg. $ 5/ load $15/ metric tonne Residential: 1/4 to 1/2 ton truck $ 1/ load Black River Road Demolition Site Pg. 601 ) $40/ load (Rescinded June 22,1992 Bk. 83 (Councillors Fitzpatrick and Rodgers withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager regarding a letter from Paul and Wendy Oliver of 365 Summit Drive with respect to garbage being dumped at the Little River Reservoir, which was considered by Council on May 27; advising that the Works Department began to clean up the portion of the garbage problem which was on City property which took approximately one week and resulted in an expenditure of approximately $2,000, and that the garbage identified in McAllister Industrial Park was cleaned up and resulted in an expenditure of approximately $1,800 which has been reimbursed by the Province of New Brunswick; also advising that apart from the City-owned land, staff from the Building and Technical Services Department has been working with private land owners in the area to effect a clean up of privately-owned land, and that a gate will be placed at the Loch Lomond Road entrance to the Likely Road and vehicular blockage will also be installed at the Latimore Lake Road entrance to the Likely Road, and the entrance to the parking area of the reservoir has been blocked and the internal gate locked in an attempt to control vehicular traffic and discourage illegal dumping in the Lakewood area; and recommending that the report be received and filed and the clean up of privately-owned land in the Lakewood area continue to be monitored by staff -- be received and filed and the recommendation adopted and Mr. and Mrs. Oliver be thanked for their attention to this matter. Question being taken, the motion was carried. (Councillor Rogers re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, security in the amount of $1,500.00 be accepted from Janet Debly as security to ensure the rehabilitation of the gravel pit located at 873 Hillcrest Road (L.R.I.S. Number 309906). Question being taken, the motion was carried. 83-211 COMMON COUNCIL NOVEMBER 12, 1991 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 invoice, namely:- Standard PavinQ - Supply of asphalt Maritime Limited October 30 - November 5/91 $62,408.16 Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting) Read a letter from the City Solicitor referring to the matter of the Greenwood Subdivision water supply, which has been the subject of discussion by Council with City staff and residents of the Greenwood Subdivision; noting that, in recent weeks, the discussion has been about the communal water and septic system originally installed, over twenty years ago, by the developer, with some concern being expressed by the residents that the system is not going to be continued; advising that he has examined various correspondence and legislation, and it is his opinion that the City is under no legal obligation to assume responsibility for the operation of the present water and septic system, nor is he aware of any means by which the City can prevent the developer from discontinuing the system; and also advising that City staff has been discussing with Provincial officials, provisions of the Regulations under the Clean Environment Act, in particular, section 14 which states that no person may cease to operate a sewage works or water works or any portion thereof without the written consent of the Minister. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor regarding the Greenwood Subdivision water supply -- be received and filed and City staff meet with area residents, the developer and representatives of the Provincial Department of Environment. Question being taken, the motion was carried. 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 October 28, 1991, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and Rogers, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, staff be authorized to prepare a call for development proposals for the City land bounded by Paradise Row, Millidge Street and Somerset Street. Tuesday, November 12,1991, Saint John, N. B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. 83-212 COMMON COUNCIL NOVEMBER 12, 1991 Question being taken, the motion was carried. 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 November 4, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the license fee proposed by C.N.R. for license numbers 8605 and 90011, with respect to land behind Kent Building Supplies on Thorne Avenue and land south of Broad Street, be accepted for a 10-year period at a cost of $300 plus $21 G.ST for each agreement. 2. That as recommended by the City Manager, Patrick Palmer be appointed to the position of Deputy Market Clerk with a probationary period of one year. Tuesday, November 12,1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. The Mayor noted that section 2 of the above report is to include reference to the Market By-Law, the salary and the effective date. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Patrick Palmer be appointed to the position of Deputy Market Clerk with a probationary period of one year, under a By-Law Relating to the Market in the City of Saint John, at a salary of $39,788, effective December 2, 1991. (Rescinded May 8,2000 Bk. 88 Pg 10 ) Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of a Planning staff report considered at the Committee's meeting of November 5 with respect to the Manford Thompson Construction Company Limited proposal to subdivide the balance of the land in the Meadow Land Subdivision by creating 73 lots for one-family dwelling development together with extensions of Honeysuckle Drive and Thistle Street; and recommending that (1) Common Council assent to one or more subdivision plans showing one or more phases of the Meadow Land Subdivision and prepared in accordance with the submitted tentative plan reduction showing "Phase 3" and "Future Subdivision" with respect to the proposed extensions of Honeysuckle Drive and Thistle Street and the land for public purposes as modified by eliminating the strip of land for public purposes along the Throughway, and substitute, therefore, a one metre reserve strip; (2) Council authorize the preparation and execution of City/Developer subdivision agreements to ensure provision of the required servicing including site grading and drainage in a manner coordinated with the City upgrading of the truck sewer; and (3) Council consider placing sufficient funds in the 1992 Capital Budget for the rough grading and hydroseeding of the land for public purposes provided in the Meadow Land Subdivision. 83-213 COMMON COUNCIL NOVEMBER 12, 1991 Councillor M. Vincent expressed concern about implementing a hydroseeding program, as outlined in section (3) of the above recommendation, and suggested that Council should have had some information before the recommendation was made due to the fact that they are suggesting Council appropriate funds out of Operations. Mr. Bedford advised that the area in question to be hydroseeded is a central park area behind the lots which will be subject to construction due to the introduction of a major trunk sewer in the area, with the proposal being that, in completing the construction, the parkland be rough-graded and hydroseeded so that it is finished to a reasonable state. The Mayor suggested that Council should adopt recommendations (1) and (2) and refer recommendation (3) to the City Manager for discussion with Council at a later date, and the mover and seconder of the initial motion to adopt the three recommendations concurred. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to one or more subdivision plans of the Meadow Land Subdivision at 1100 Sand Cove Road, showing one or more Phases and prepared in accordance with the submitted tentative plan reduction showing "Phase 3" and "Future Subdivision" with respect to the proposed extensions of Honeysuckle Drive and Thistle Street and the land for public purposes as modified by eliminating the strip of land for public purposes along the Throughway, and substitute, therefore, a one metre reserve strip, and (2) Council authorize the preparation and execution of City/Developer subdivision agreements to ensure provisions of the required servicing including site grading and drainage in a manner coordinated with the City upgrading of the trunk sewer. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that recommendation (3) of the Planning Advisory Committee with respect to the Meadow Land Subdivision be referred to the City Manager for discussion with Council at a later date. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan (photo reduction submitted) with respect to the 99 square metre (1,065 square foot) widening of Tippetts Drive. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letters from the Federation of Canadian Municipalities (a) announcing that it has recently launched the first phase of its Community Leaders Exchange Program - "Celebrating Communities Together"; and (b) submitting a copy of the Federal Government's proposals for constitutional renewal, which it tabled in the House of Commons on September 24, 1991, and advising that a Special Joint Committee of the Senate and the House of Commons has been created to travel throughout the country -- be referred to the City Manager for a report. Question being taken, the motion was carried. 83-214 COMMON COUNCIL NOVEMBER 12, 1991 Consideration was given to a letter from Deans Hill Company Ltd. referring to Common Council resolution of July 8 with respect to the sale of the City- owned lands on Chesley Drive, known as L.R.I.S. Numbers 369074 and 373613, to Thorcor Holdings Ltd.; requesting that Council expedite the matter and re-confirm that the transaction shall be completed by a workable time specific date; and advising that funds have been held in trust via its legal counsel, Gilbert, McGloan, Gillis, for several months and it is hoped that the transaction will occur before December 31, 1991. Responding to a query from the Mayor as to the status of the above matter, Mr. Rodgers advised that Council has authorized the necessary action to be taken to clear up certain title defects, and application has been made to the Court to Quiet the Title, and that Mr. Thorne's lawyer is aware of the proceedings. Councillor Fitzpatrick noted that the resolution of July 8 refers to Thorcor Holdings Ltd., and questioned whether a new resolution is required to transfer the property to Deans Hill Company Ltd. and was advised by Mr. Rodgers that no resolutions are required at this meeting. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Deans Hill Company Ltd. regarding Common Council resolution of July 8, with respect to the sale of City-owned lands on Chesley Drive, requesting that Council expedite this matter and re-confirm that the transaction will be completed by a workable time specific date -- be received and filed. Her Worship the Mayor noted that Mr. Rodgers will continue to work through the Courts on the Quieting of Title, and suggested that the above Company should contact the City Manager with any concerns; and Mr. Brown expressed the understanding that Deans Hill Company Ltd. has agreed to all conditions imposed by Council. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Thorcor Holdings Ltd. advising that Deans Hill will be built upon whenever zoning may be appropriate to the political approval process and that it is anticipated that a re- zoning application will be prepared and dealt with prior to May 1992, and that all plans and projections are under review to achieve an economic balance and a worthy project, with an approach to be made to City Planning staff with a review of development issues -- be received and filed and referred to the City Manager. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Carol Madsen regarding matters relating to the Deans Hill proposal be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the request from the first annual Hideaway Sno Ball Tournament for the City to donate the Forest Hills, Simonds Lions and East Saint John ball fields for February 15 and 16, 1992, with an alternate date of February 22 and 23 -- be referred to the City Manager for a report. Question being taken, the motion was carried. 83-215 COMMON COUNCIL NOVEMBER 12, 1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from The Marco Polo Project advising of its production of six educational videos on the story of the Marco Polo, a copy having been submitted to Council --be received and filed and Council express its appreciation to the Marco Polo Project for its efforts, and further that arrangements be made for a viewing of the video. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Ellis J. Levine offering for sale a gO-acre parcel of land in Saint John East --be referred to the City Manager. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Junior Achievement of Saint John advising it has commenced a fund-raising campaign with a goal of $60,000 for the purpose of educating young men and women of Saint John and the surrounding communities in the principles of opening and operating a business; and requesting a contribution -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Building & Construction Trades Council expressing concern with the negative position of Common Council in turning down the re-zoning for development of the Deans Hill project -- be received and filed with appreciation. Councillor Landers asked that the above group be forwarded a copy of Common Council resolution of November 4 assuring citizens and developers that Council unanimously welcomes and encourages compatible and viable development in the community. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Assistant Common Clerk