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1991-11-25_Minutes 83-226 COMMON COUNCIL NOVEMBER 25, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of November, A. D. 1991, at 7:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent - and - Messrs. P. Groody, Acting 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; M. Hanlon, Purchasing Agent; C. Campbell, Manager - Policy Division; J. Baird, Manager - Development Division; B. Malone, Planner; S. Lodhi, Manager - Building Maintenance; R. McDevitt, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor Gould called the meeting to order with a silent prayer. Deputy Mayor Gould commented on the Caraquet exchange visit to the City on November 15-17; and advised, with regret, that the father of Mr. John Shackleton, General Manager of The Market Square Corporation, passed away in Ottawa and the funeral was held on November 24. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to Mr. John Shackleton on the death of his father. (Councillor M. Vincent entered the meeting.) Question being taken, the motion was carried. Deputy Mayor Gould noted that the Annual Lighting and Decorating of the City of Saint John Christmas tree will be held on November 29; proclaimed Friday, November 29 to be Affordable Housing Day in the City of Saint John, in support of the Saint John Housing Coalition; and advised that, at this time, Saint John women, in recognition of the International Day to End Violence Against Women, are gathering in front of the City Hall building for a "Take Back The Night" demonstration march to celebrate their determination to live freely without the fear of violence. (Councillor Rogers entered the meeting during the above remarks.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on November 18, 1991, be approved. Question being taken, the motion was carried. Deputy Mayor Gould asked for Council's consideration, at this time, of the November 18, 1991 Committee of the Whole report. 83-227 COMMON COUNCIL NOVEMBER 25, 1991 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 18, 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 Mayor and Common Clerk be authorized to execute leases for the Saint John City Market, as indicated on the submitted City Market lease summary. 2. That as recommended by the City Manager, Mr. Paul Groody, be appointed as Acting City Manager for the period November 25 and November 26, 1991. November 25, 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. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-zoning of a parcel of land located at 247 Westmorland Road (NBGIC Number 320655), having an area of approximately 2.6 acres, from "RM-1" Three-Storey Multiple Residential to "R-2" One- and Two-Family Residential classification, to remove the multiple residential zoning which will permit the land to be subdivided and added to adjacent lots already zoned one- and two-family, and that no written objections were received in this regard. No person was present to speak in opposition to or support of the proposed re-zoning. 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; explaining that the 2.6 acre subject property is presently zoned "RM-1" Three-Storey Multiple Residential, as established in 1975 with Section 39 conditions to accommodate a townhouse proposal and, because it is now proposed to consolidate this land with three separate adjoining properties which are zoned "R-2", it is recommended that the "RM-1" classification and attached conditions be removed by re-zoning to "R-2"; advising that the Committee approved the necessary variances for the proposed subdivision; and recommending that Council re-zone a parcel of land at 247 Westmorland Road (NBGIC Number 320655) and in the area of approximately 2.6 acres, from "RM-1" Three-Storey Multiple Residential to "R-2" One- and Two-Family Residential classification. 83-228 COMMON COUNCIL NOVEMBER 25, 1991 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 2.67 acre parcel of land located at 247 Westmorland Road (NBGIC Number 320655), from "RM-1" Three-Storey Multiple Residential to "R-2" One- and Two-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor 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 2.67 acre parcel of land located at 247 Westmorland Road (NBGIC Number 320655), from "RM-1" Three-Storey Multiple Residential to "R-2" One- and Two-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a lot with an area of approximately 8,000 square feet at 239 King Street West (NBGIC Numbers 363341 and 361253), from District Centre Commercial to Light Industrial classification, to permit the expansion of the existing building which will contain a food processing use, as requested by Lenwood Randall. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a lot located at 40 Adelaide Street (NBGIC Number 71385), with frontage on both Adelaide and Metcalf Streets, from High Density Residential to District Centre Commercial classification, to permit re- zoning of the same area to "B-2" General Business classification which will allow the building to be used by a glass installation business, as requested by Ambassador Glass Ltd. Public presentation was made of a proposed Municipal Plan amendment to amend Schedule 5-A by deleting the proposed fire station locations in the Church Avenue/Main Street West area and in the Nelson Vale District Centre, and designating a proposed fire station location in the Manawagonish Road/Manchester Avenue area, to permit a property at 41 Manchester Avenue (NBGIC Number 55072672), located on the west side of Manchester Avenue near the intersection of Manawagonish Road, to be re-zoned from "R-1A" One-Family Residential to "US" Utility and Service classification, for the purpose of constructing a fire station. (Councillor M. Vincent withdrew from the meeting.) Mr. J. Breen, President of the New Brunswick Teachers' Association, addressed Council concerning the Association's hosting of the Annual General Meeting of the Canadian Teachers' Federation, from July 14 to 17, 1992, in Saint John; and Mr. 83-229 COMMON COUNCIL NOVEMBER 25, 1991 David Taylor, Chairman of the Canadian Teachers' Federation 1992 Hosting Committee, having shown the audio/visual invitational production, the visual and audio portions of which were produced by Mr. Neil Lydon and Mr. George Little, respectively, presented the audio/visual production to the City of Saint John as a gift for its promotional use. Messrs. 1. Higgins, former Councillor and Deputy Mayor of the City of Saint John; George Little, Neil Lydon, and Norm Nickerson, were also present in the Council Chamber, representing the Association. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John accept, with gratitude, from the New Brunswick Teachers' Association, the gift of an audio/visual invitational production promoting the City of Saint John, and commend the Association for its efforts in this regard. Question being taken, the motion was carried. Messrs. Donald F. Gillis, Chairman, and Ernest Wedge, Member, of the Preservation Review Board, were present at the meeting with respect to the Final Report of the Upper Floor Grant Programme Study, completed by MMC Architects Limited in association with WMS Associates Limited, concerning a grant programme system to encourage development and improve the economic viability of existing buildings within the Heritage Preservation Area by increasing the utilization of upper floor space. Mr. Gillis introduced Mr. Tom Horrocks of MMC Architects Limited, who highlighted the Final Report which proposes a five-year programme consisting of four components as follows:- (1) programme promotion through the creation of a necessary programme profile within the community through seminars, open houses, etc.; (2) a call for expressions of interest to attract necessary interest in development of this nature, with a two-fold purpose of providing public awareness about the funding available and indicating to administrators true market interest annually; (3) project development funding which, in terms of financial contribution to the developer, would be in the area of $35,000 for the planning and conceptual design of such a project to go toward the funding of legal costs, pro forma analysis of accounting, such funding to be reviewed by a proposed Programme Management Committee for recommended approval; and (4) a project construction incentive phase in which the applicant would be eligible for a further $10,000 in capital assistance funding, with the Programme Management Committee to review and analyze upon project completion. Mr. Horrocks explained that the projection is for one project to be done each year for a five-year period and to result in five completed projects, with a projected return of a minimum seven-year payback in terms of tax revenue generated and therefore considered to be a very cost effective program. (Councillor Davis withdrew from the meeting during the foregoing presentation due to a possible conflict of interest.) Mr. Horrocks, in response to Council queries, explained that the Upper Floor Grant Programme could be combined with capital improvement funding provided by the Province of New Brunswick under the Urban Core Agreement, which includes several funding programs, one of which is a parking lot improvement incentive for $10,000 and also a parking garage fund; and expressed the opinion that the proposed Programme is timely because of the other funding programs in place in that the City has an opportunity to lever Provincial capital investment funds with the Program and, through that, to also lever private sector funds, and the economic situation is such that construction costs and interests are lower and continually decreasing, the latter which provides an incentive of its own for development. Mr. Horrocks advised it was found that there is a gross area of 300,000 square feet within the subject area, including warehousing, which is interpreted as a 30 per cent vacancy rate for the area as an overall collective parcel of property and, if the figures are correct and the Programme is implemented, over 15 years, meaning 5 years of the Programme and 10 years of continual momentum, a reduction of about 16% in the vacancy rate should occur; and also advised that, at this stage, he is unable to estimate the percentage of upper floor vacant space which might eventually become residential. Mr. Gillis expressed appreciation to Mr. Colin Whitcomb of the Saint 83-230 COMMON COUNCIL NOVEMBER 25, 1991 John Central Business Development Corporation for his assistance on the steering committee for the project, and to City staff Messrs. John Johnson and Brian Malone; and recommended that Council adopt and implement the Upper Floor Grant Programme as proposed in the Upper Floor Grant Programme Study, and that Council include a representative of the Preservation Review Board when appointing members to serve on the Programme Management Committee. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the presentation by the Preservation Review Board and MMC Architects Limited of the Upper Floor Grant Programme Study be referred to the City Manager for study and a recommendation to Council. Councillor Rogers, a member of the Preservation Review Board, questioned Council's hesitancy in adopting the Board's recommendation and urged Council to do so; and Mr. Rodgers expressed the opinion that debate on a referral motion should be only on whether or not the matter should be referred. Question being taken, the referral motion was lost, a tie vote having been created with Councillors Flewwelling, Landers, Rogers and A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Preservation Review Board, Council adopt and implement the Upper Floor Grant Programme as proposed in the Upper Floor Grant Programme Study, and that Council include a representative of the Preservation Review Board when appointing members to serve on the Programme Management Committee. Deputy Mayor Gould noted that adoption of the above motion would be on the basis that Council has not considered the budgetary impact of the Programme; and Mr. Groody confirmed that staff wishes to review the proposal so as to fully appreciate the budgetary implications prior to submitting a recommendation to Council, and that it would be the intent to consider all projects together so the full impact would be known for 1992 and beyond. City staff's involvement in the process was questioned by Councillor Landers, to which Mr. Bedford advised that a technical steering committee was in place to deal with the preparation of the report, providing advice to the consultant as the study proceeded, the latter not including the impact on the budgeting process. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the above report and recommendation be laid on the table until the financial implications and the effect on the 1992 budget are known. Question being taken, the tabling motion was lost, a tie vote having been created with Councillors Flewwelling, Landers, Rogers and A. Vincent voting "nay". During discussion Mr. Gillis clarified that the proposed Programme would be for five years, consisting of a $50,000 grant per year, $35,000 of which would be for the engineering, design and marketing analysis of the study, $10,000 would be capital costs of the study, and $5,000 for promotion and development; and Councillor Rogers suggested that the paramount question to be considered is whether or not there is incentive by Common Council to approve funding that could, in the future, result in the City's receipt of a magnitude of funding from the other two levels of government in that, while, the URDA Agreement is now in place, there must be an incentive locally to improve the facias and renovate the upper floors of the buildings, and she urged Council to create economic development and subsequent employment in the City through implementation of the Programme. The possibility that a 1991 budget 83-231 COMMON COUNCIL NOVEMBER 25, 1991 allotment of $50,000 was approved for the implementation of the Study was alluded to by Councillor Rogers on the basis that, as the study has just been completed, the $50,000 has not yet been expended, and funding availability for the Programme in 1992 was questioned the latter to which Mr. Wilson replied that Council has not approved an Upper Floor Grant Programme to this point and that, with respect to the availability of funding, if Council approves the Programme, funding will be made available. Question being taken, the original motion was carried with Councillor Fitzpatrick voting "nay". (Councillor Davis re-entered the meeting.) Miss Shirley McAlary, President; and Mr. Colin Whitcomb, General Manager, of Saint John Central Business Development Corporation, and Mr. Lee Parsons of Malone Given Parsons Limited were present in the Council Chamber to present the Saint John Uptown Development Opportunity Study, an Executive Summary of the Study having been submitted to Council members in their Council kits; the purpose of such study being to identify and evaluate potential projects in the uptown area which are of sufficient scale and importance to stimulate additional economic activity. Miss McAlary explained that the Corporation, as the corporate body responsible for the administration of the Uptown Saint John Business Improvement Area, is allowed to participate in the programs provided under the Canada/New Brunswick Cooperation Agreement On Urban Economic Development, and that the Corporation agreement has three separate programs, being streetscape improvements, commercial property improvements, and strategic projects, the latter being the area under which the Saint John Uptown Development Opportunity Study was completed. Mr. Parsons, through a slide presentation, highlighted the Uptown Saint John Development Opportunity Study; and identified the strengths and weakness of the Uptown Area taking into consideration commitment to the uptown area, strategic office tenancies available, the attractive character and historic resources within Saint John, and the availability of potential sites, the latter including Market Square Phase II being the Marco Polo project, the Coast Guard lands, the Aquatic Centre, Chipman Hill, Upper Floors on the Irving Block- King Street, the Teed Block, North Market Block, Upper Floors - the Trinity Block - King Street, Calp's Block and the Admiral Beatty Block. Mr. Parsons expressed the view that, having gone through an exercise of trying to evaluate which of the potential sites as strategic or priority projects, the three areas which have the opportunity to provide the strongest positive impact on the uptown and also the ones which are most feasible economically are (1) the rehabilitation and use of the upper floors of those historic buildings which can meet specific locational and physical criteria; (2) the redevelopment, in whole or in part, of the Calp's Block; and (3) the redevelopment, in whole or in part, of the Coast Guard (South Market Wharf) site; and made the observation that this Study was carried out independently of the above Upper Floor Study presented by the Preservation Review Board. Mr. Parsons commented on the action proposed for the three areas identified, and concluded that no attempt was made to priorize the three sites in terms of which is considered the best or which one should proceed prior to the others in that this is a political, rather than an economic, question. Miss McAlary asked for Council's endorsement of the Saint John Uptown Development Opportunity Study, which the Corporation has accepted as its vision for future developments for Uptown Saint John, and advised that the Corporation would like to have the opportunity to work further with City staff on the basis that, eventually, it will be calling for proposals for these developments for Uptown Saint John. Councillor Coughlan proposed a motion to support in principle the above Study and refer it to staff for study in conjunction with the Central Business Development Corporation. Deputy Mayor Gould asked Councillor Coughlan to be more specific with respect to his meaning of supporting in principle to which Councillor Coughlan replied that the intent is to refer the matter to the City Manager, more specifically, so that, hopefully, staff will dialogue with the Corporation. On motion of Councillor Coughlan 83-232 COMMON COUNCIL NOVEMBER 25, 1991 Seconded by Councillor Rogers RESOLVED that the presentation by Saint John Central Business Corporation and Malone Given Parsons Limited of the Saint John Uptown Development Opportunity Study be referred to the City Manager for analysis, in conjunction with the Corporation, and a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting correspondence from James W. Knight, Executive Director of the Federation of Canadian Municipalities, concerning his exploration with Canada Post of the possibility of a group contract for all FCM members providing for joint purchasing of specific Canada Post services, including priority courier, unaddressed admail, parcels and contract certified mail; submitting a fact sheet describing such services; advising that FCM will soon forward a questionnaire to all members to determine the level of interest in a group contract and to inquire into anticipated volumes for each service in order to enable FCM to confirm the savings which could be available under such a contract, following which he will seek to formalize an agreement with Canada Post; asking for comment from the City on volume it expects to achieve, and submitting for Council's consideration in this matter a report of a pilot test recently conducted by several municipalities -- be referred to the City Manager to determine if there could be a saving on postage as proposed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a copy of a News Release, dated November 22, in which The Honourable Gerald Merrithew, Minister of Veterans Affairs and MP for Saint John, announces that the present plans for development of a Light Industrial Park at the Saint John Airport have been put on hold; and advising that she has also been informed that a company from Vancouver, B.C., has taken over the security of the Saint John Airport and a number of employees, who have been there for fifteen years or more, are not being employed -- be referred to the City Manager for investigation and a report to Council, and that follow-up be made through Transport Canada officials and others with respect to employees affected by change of security firms. Deputy Mayor Gould advised that, according to the Acting City Manager, the Mayor wants to follow up in the above regard with Transport Canada officials and others with respect to employees affected by change of security firms, and asked that the above motion include same. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited November 13-19,1991 $35,395.19 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-16 DouQlas Avenue Street Construction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated November 13, 1991 Partial holdback release 2. Contract 90-28 Main Street UpQradinQ Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated November 21, 1991 Final holdback release 83-233 COMMON COUNCIL NOVEMBER 25, 1991 $429,381.00 440,435.88 1,000.00 432,203.62 7,232.26 506.26 $ 7,738.52 $277,963.00 273,998.06 Nil 223,344.02 50,654.04 3,545.78 $ 54,199.82 Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that seven companies responded to the tender for renovations to the 7th Floor of the City Hall building, following which Choice Drywall Ltd., by letter, advised that it had made a substantial error in its bid of $60,000 and asking to be permitted to withdraw it; expressing the opinion that the an honest error was made by Choice Drywall Ltd. and its request to withdraw should be granted; and recommending that the request of Choice Drywall Ltd. to withdraw its tender be granted and that this contract be awarded to Erb's Enterprises, at a cost of $80,500. Consideration was also given to a letter from Choice Drywall Ltd. requesting to withdraw its tender for 7th Floor Renovations - City Hall Building #91- 0827ET in that it made a substantial error in its estimate. Deputy Gould asked that Council deal with the above matter in two separate motions. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for renovations to the 7th Floor, City Hall, be awarded to Erb's Enterprises Ltd., at a cost of $80,500. Councillor Coughlan questioned the nature and necessity of the proposed renovations in view of his concern about such an excessive expenditure at a time when the Provincial Government is reducing the City's funding. Mr. Groody explained that this is the last of a series of renovations to City Hall to bring facilities up to an acceptable standard for the budget year of 1991, and it is preferable to complete this work now as it has to be done and, when completed, all the floors identified as requiring this type of work will have been finished, and also the expenditure should have no affect on the challenges which face the City with respect to the reduction in Provincial funding. Mr. Robichaud commented on the nature of the renovations from the point of view of their necessity for an efficient operation, and Mr. Groody clarified 83-234 COMMON COUNCIL NOVEMBER 25, 1991 that renovations to the Police facilities on the 5th and 6th floors of City Hall, which were referred to by the Saint John Board of Police Commissioners at a presentation in Committee of the Whole on November 18, are different from the above project which is the last in a series of projects designed to bring the standards of various floors up to an acceptable level. Question being taken, the motion was carried with Councillor Coughlan voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Choice Drywall Ltd. requesting to withdraw its tender for the 7th floor renovations, City Hall building, be received and the request be granted, and the tender deposit cheque be returned to Choice Drywall Ltd. In response to Councillor A. Vincent, Mr. Hanlon advised that, in the circumstances concerned, it has been a practice of the City not to penalize a tenderer for what is considered to be an honest error, and the City has not retained any tender deposits for this type of problem. Councillor A. Vincent asked that the above motion include return of the tender deposit cheque to Choice Drywall Ltd. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the report from the City Manager advising that, on November 7, the New Brunswick Municipal Finance Corporation negotiated the sale of a serial bond issue in the amount of $35.2 million, of which $11,000,000 was related to the City of Saint John's 1990 Capital Program and $744,000 was related to the refinancing of a C.M.H.C. loan; setting out the terms of the issue as they relate to the City of Saint John, such terms being well within the limits approved by Common Council on November 4, and the actual coupon rates being the lowest seen by the City since financing through the Corporation which started eight years ago; also advising that the refinancing of the C.M.H.C. loan will save the City approximately $40,000 over the next four years; and recommending that the Mayor and Common Clerk be authorized to execute the debentures between the City and the New Brunswick Municipal Finance Corporation for $11,000,000 and $744,000 at the terms listed herein -- be received and filed and the recommendation adopted. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager regarding the request to Council on November 12 of the Hideaway Sno Ball Tournament Committee for the City to donate the use of Forest Hills, Simonds Lions and East Saint John Fields for its planned tournament on February 15 and 16, with raindates of February 22 and 23; advising that, while the Parks Department has no objection to the usage of the fields in February, there is a concern that, in the event of a thaw where the turf is exposed, there could be damage to the surface, and also that is understood that no services are provided by City forces to assist in the tournament as has been the practice in the past to other snow ball events; and recommending that the Hideaway Sno Ball Tournament be supported by the City donating the use of the requested fields on the scheduled dates -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb 83-235 COMMON COUNCIL NOVEMBER 25, 1991 Seconded by Councillor Coughlan RESOLVED that in accordance with the recommendation of the City Manager and the Fire Chief, a warrant be issued to Sheila Doucette for membership in the Saint John Salvage Corps and Fire Police. It was noted that Sheila Doucette is the first woman to become a member of the Corps. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's November 18 consideration of a letter from Carl E. McDermott about the traffic situation at the intersection of Bleury and Sherbrooke Streets, an examination of the area verifies the citizen's point that there are no sidewalks on Bleury Street except for the one at Sand Cove Road for the school zone, and that a brief study of the area indicates that there should be additional crosswalks, at least where the sidewalk ends on one side; i.e., on Bleury Street at Simms and Sherbrooke Streets; and also advising that staff will do further investigation to determine if sidewalk construction is deemed warranted, and that the installation of a flashing light at the Bleury/Sherbrooke Streets intersection is valid because of the increasing traffic volume on Bleury Street and 3,500 vehicles per day on Sherbrooke Street and for the benefit of the proposed crosswalk, not on the basis of accidents, however, because Police Department accident records indicate no accidents in 1990 and only one accident in 1991. The report further advises that, with regard to the possible installation of a four- way stop for the intersection of Bleury/Montreal as a means of stopping and slowing traffic at approximately the mid-point on the street, the guidelines for such an installation, as given in the Manual of Uniform Traffic Control Devices for Canada, are not met and therefore a four-way stop should not be installed and, if speeding is a problem, it should be dealt with through enforcement and not by improper use of a four- way control device; and recommends that a flashing light be installed at the intersection of Bleury and Sherbrooke Streets, and crosswalks be installed on Bleury Street, and that staff investigate the inclusion of sidewalk construction in the 1992 capital program. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a flashing light be installed at the intersection of Bleury and Sherbrooke Streets, and crosswalks be installed on Bleury Street, and that staff investigate the inclusion of sidewalk construction in the 1992 capital program. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. Read a letter from the City Manager submitting correspondence from the Legal Department regarding a request from Mr. D. Hayward Aiton, solicitor for Alvin K. Parsons and Mary C. Parsons, for an easement to permit the encroachment of the dwelling at 80-82 Summer Street upon Summer Street; and recommending adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of Alvin K. Parsons and Mary C. Parsons, the present owners of 80-82 Summer Street, to permit the encroachment of their building upon Summer Street; such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. On motion of Councillor Knibb 83-236 COMMON COUNCIL NOVEMBER 25, 1991 Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager advising that Phase II of the Community Recreation and Open Space Strategy will commence in January 1992, with the initial part being a public forum designed to receive feedback on the results of the surveys and analysis currently underway, and the public process to be in the form of an open house at Lily Lake Pavilion whereby the public will be invited to drop in and discuss with the consultants or City staff any aspect of the study; explaining that the working committee for the study thought it would be appropriate to combine this open house with an event at the Pavilion and, as a result of discussions with the N.B. Speed Skating Association which indicated that the Association was quite supportive of a partnership, a small staff committee was developed to oversee the logistics of the setup and, since then, the Maritime Mushers Association has contacted the Parks Department about having dog sledding races in Rockwood Park with national CBC coverage and consented to become part of the same event as discussed above, and has tentatively received sponsorship from Purina for its event; also advising that, pending Common Council's approval, the Parks and Recreation Departments have explored and received overwhelming community support for developing the January 10 and 11, 1992 weekend into a winter carnival as indicated in the submitted tentative program schedule for Saint John Winterlude '92, such event to be mostly privately sponsored and managed by volunteers from the various agencies, with sponsorship in the amount of $20,000 having been pledged to date; and recommending that the City support the hosting of a winter carnival and that the Parks and Recreation Departments be directed to proceed -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to referral to staff for input and a report of a letter to Mayor Wayne from Saint John Central Business Development Corporation requesting the City to consider opening the Saint John City Market for business on Sundays during the month of December, the Parks Department advises that staff would have to be scheduled to work the additional shift on overtime, with one person to be assigned initially at double time at cost of $224 per day and, depending on the success, possibly the assignment of a second staff person at a cost of $216 per day, which may be accommodated through a shift change which is covered under hours of the City Market in the collective agreement with Local No. 18, C.U.P.E., such issue which is currently under dispute; also advising that there would also be utility costs and costs for additional garbage pickup at an additional cost of $40 each Sunday, with additional costs related to utilities difficult to isolate and, as there are no security arrangements for individual stalls in the Market, those not wishing to open would be exposed; further advising that the City Market Tenants Association voted 76% against Sunday opening for the reason that most of the operators at the Market are single-family businesses and, at present, work six days each week, and the cafe operators do not see this as an improvement since most of their business is from the noon-hour working crowd; concluding that the Parks Department does not have the budget for the estimated cost of approximately $350 to $600 for each Sunday the Market is open, with the cost for December being approximately $3,000; and recommending that the City Market not be open for business on Sundays -- be received and filed and the recommendation adopted. 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, with respect to concern expressed at the November 12 meeting about the prohibition of woodcutting near Golden Grove Road, on October 22 the Planning Advisory Committee denied an application for a temporary approval under the Zoning By-Law for the property at 25 Cathline Street to be used for a commercial woodlot for a period of no more than six months, such property located in a "RS-1" 83-237 COMMON COUNCIL NOVEMBER 25, 1991 One- and Two-Family Suburban Residential zone in which a woodcutting operation is not permitted; and on October 8 the Committee approved a proposal for temporary access for a woodcutting operation which would take place in a rural zone where it is permitted; explaining that Cathline Street, which is a local road located off Hillcrest Road near the Golden Grove Road that serves the residents who reside on this particular street, was proposed as the only access for the woodcutting operation and its residential nature would be disrupted by the logging truck traffic for the proposed operation, and also there is limited access to the interior of this site from Cathline Street due to a marsh and steep rolling hills which cover the majority of the entrance to the site, with the only other access by which to transport logs being from within the Lakewood Heights Subdivision where the disruption of the neighbourhood would be even more apparent than the entrance from Cathline Street; and concluding that both applications were considered by the Committee and decisions made, and the next step open to any applicant or adjacent property owners who are not satisfied with the decisions is an appeal to the Provincial Planning Appeal Board -- be received and filed. Councillor A. Vincent expressed concern that persons, who own a woodlot and want to cut it, cannot get a permit and suggested that the matter should be tabled so that staff could accompany him to the woodlot in question as it appears that the location requires clarification. Mr. Bedford, referred to the submitted site plan to note the location of the property in question; clarified that the October 8 application referred to above relates to a woodlot on Red Head Road which was discussed recently by Council; and confirmed that the matter is beyond Council's authority and appeals must be made through the Provincial Planning Appeal Board. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that staff meet with the owner of the above woodlot in an attempt to resolve the problem. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan (photo- reduction submitted) with respect to the public utility easement and the municipal services easements and to any additional easements that may be required with respect to Stinson Drive, Spruce Lake Industrial Park. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Planning Advisory Committee advising that it reviewed the quorum requirements in its Rules of Procedure and that a quorum of 4 was permitted as long as one member of the Committee Executive was present; also advising that this provision has now been eliminated, and the submitted Rules of Procedure were formally adopted at the Committee's November 19 meeting, such Rules now providing that 5 of the 9 members form a quorum -- be received and filed. Question being taken, the motion was carried. The City Manager was requested to submit to Council a report on the matter of remuneration to members of various committees. On motion of Councillor Knibb 83-238 COMMON COUNCIL NOVEMBER 25, 1991 Seconded by Councillor Coughlan RESOLVED that the report from the Saint John Parking Commission advising that, further to Common Council resolution of October 7 concerning parking around the Canada Games Aquatic Centre, the Commission contacted Tom Bryce, Executive Director of the Centre, who outlined his concerns and the Commission updated Mr. Bryce on parking options around the Centre; and expressing the opinion that there is a number of options available to the patrons of the Aquatic Centre when it comes to parking and possibly these options have not been communicated to the public well enough, and that the General Manager of the Aquatic Centre is now aware of the various parking options and is planning to inform his customers of these options -- be received and filed and the Commission be thanked for its report. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from the Saint John Model Flying Club requesting permission to utilize the former Howe's Lake dump site as a flying field for radio-controlled model airplanes -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The University of Western Ontario submitting a flyer announcing "Taking Charge", its seventh annual Course for Local Elected Officials -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Jean L. MacDonald, a teacher at Saint Malachy's Memorial High School, advising that her Environmental Science classes just recently completed a section on the 4R's: reducing, reusing, recycling and recovery, with the opinion being that there are not adequate facilities in the Saint John region to service people who wish to help solve the garbage problem, as well as the waste of natural resources; submitting students' letters which express their concern and ask for help in creating an environmentally-friendly community; and concluding that one letter to all her students would be appreciated or perhaps a reply in the form of a class visit -- be received with appreciation to Jean MacDonald and her Environmental Science classes, and the matter be referred to the Commissioner of Environment and Infrastructure Services to meet with them, and further that a suitable letter of response be prepared for the Mayor's signature. Deputy Mayor Gould commented on Fundy SWAT's actions with respect to regional solid waste, and it was noted that the students' letters deal various forms of environmental issues, including solid waste and recycling, hazardous and toxic waste, and air pollution. (Councillors Coughlan, Davis and Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Wm. P. Dowd & Sons Ltd. for re-zoning of the property abutting the rear of its property at 83-239 COMMON COUNCIL NOVEMBER 25, 1991 550 Somerset 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 January 6, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Garry Prosser and Edward G. Doyle requesting that Paisley Street be formally closed to all motorized traffic -- be referred to the City Manager for a report to Council. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Gerry Webster, President of Villa Ridge Construction Ltd., advising of his attendance at a meeting and workshop on new subdivisions, held at the Delta Hotel and hosted by John Johnson and staff of City Hall, and expressing the opinion that the meeting was both informative and productive, and that the City now has an excellent opportunity to further promote co-operation with the business community and the resulting economic benefits for everyone -- be received and filed with appreciation to staff and referred through the City Manager to Planning staff to determine what further dialogue will be held with developers. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the letter from Lancaster Minor Hockey Association submitting a copy of its October 28 presentation to Committee of the Whole which involves two requests; expressing appreciation to the positive response to one of the requests, namely, to waive the charge for ice time during the March Break House League Tournament; and requesting that the second item of its presentation regarding pre-season ice time at the minor hockey rate be voted on by Council in open session -- be referred to the City Manager for re-consideration of the request. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk