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1991-12-09_Minutes 83-250 COMMON COUNCIL DECEMBER 9, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of December, AD. 1991, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; R. McDevitt, Fire Chief; B. Thompson, Deputy Chief of Police; D. O'Leary, Manager of Economic Development; J. Baird, Manager- Development Division; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. Reverend Philip Ward, Pastor of St. Lukes Anglican Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on December 2, 1991, be approved. Her Worship the Mayor advised that she has been successful in obtaining the amount of $2300 for the Lancaster Minor Hockey Association, which had been tabled at the December 2 meeting. Question being taken, the motion was carried. Her Worship the Mayor noted that Bishop Gilbert has been hospitalized and expressed on behalf of the members of Council their best wishes and prayers. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that a letter from the Parking Commission (considered earlier this date) and a recommendation concerning the relocation of Fire Station #5 (which were considered in Committee of the Whole earlier this meeting) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to (i) redesignate on Schedule 2-A, a parcel of land located at 25 Station Street (NBGIC Number 40048), and portions of the adjacent street system from Restricted Industrial and High Density Residential to Central Area Commercial classification; (ii) redesignate on Schedule 6-A the same area to Civic-Commercial classification; (iii) amend policy statement 6.3.1 of the Plan to insert the words "civic, entertainment and recreational" after the word "commercial" so that the policy reads:- "To permit major concentrations of commercial, civic, entertainment and recreational facilities of a City-wide or regional significance elsewhere in the City only where it can be shown that the extent of facilities at the location intended will not likely, when established, result in a decline in the economic viability, vigour and vitality of the Central Business District."; and (b) re-zoning the same parcel of land from "1-1" Light Industrial to "B-3" Central Business classification, to place the site in an appropriate designation and zone and add the appropriate policies for the 83-251 COMMON COUNCIL DECEMBER 9, 1991 development of the proposed civic centre, and that no letters of objection have been received. No person was present to speak in opposition to or in support of the proposed amendments. 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 December 3 meeting at which no persons spoke in opposition to or in favour of the application; advising that a letter was received from the Parking Commission indicating that it had not had an opportunity to review the matters as it related to the variance for parking and requesting that the Committee table consideration of the parking variance; that staff indicated that this site was selected on the basis that on-site parking would never satisfy the total demand for parking and that the total uptown parking system was sufficient to meet the needs of the facility; and recommending (1) that the application to amend Schedule 2-A of the Plan by redesignating the subject site from Restricted Residential to Central Area Commercial be approved, excluding the land on which the VIA Station is located; (2) that the application to amend Schedule 6-A of the Plan by redesignating the subject site to Civic Commercial be approved, excluding the land on which the VIA Station is located; (3) that the application to amend policy 6.3.1. of the Plan be amended to insert the words "civic, entertainment and recreational" after the word "commercial"; (4) that the application to re-zone the same parcel of land from "1-1" Light Industrial to "B-3" Central Business be approved, excluding the land on which the VIA Station is located; and (5) that the application to amend section 540(1) of the Zoning By-Law to include the words "exhibition center" after the words "community center" be approved. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 25 Station Street (NBGIC Number 40048) and portions of the adjacent street system, from Restricted Industrial and High Density Residential to Central Area Commercial classification, be read a first time. Councillor Flewwelling advised he will be voting against the motion because of the timing and location of the project. Question being taken, the motion was carried with Councillors Gould and Flewwelling voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 25 Station Street (NBGIC Number 40048) and portions of the adjacent street system, from Restricted Industrial and High Density Residential to Central Area Commercial classification, be read a second time. Question being taken, the motion was carried with Councillors Gould and Flewwelling voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 6-A of the Plan a parcel of land located at 25 Station Street (NBGIC Number 40048) and portions of the adjacent street system to Civic-Commercial, be read a first time. 83-252 COMMON COUNCIL DECEMBER 9, 1991 Question being taken, the motion was carried with Councillors Gould and Flewwelling voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 6-A of the Plan a parcel of land located at 25 Station Street (NBGIC Number 40048) and portions of the adjacent street system to Civic-Commercial, be read a second time. Responding to a query from Councillor Fitzpatrick as to whether Council is voting on the parking variance at this time, Mr. Bedford advised that parking variances are initiatives dealt with by the Planning Advisory Committee and they have approved the variances. Councillor Fitzpatrick referred to a request by the Parking Commission not to grant the variance until they had time to study it. Mr. Bedford advised the committee considered the request and noted that the site for the civic centre was located knowing that the site would never have sufficient parking immediately surrounding the site and the whole parking system uptown is required in order to service the centre. Her Worship the Mayor referred to ongoing discussions with the Port Corporation for parking on Long Wharf. Question being taken, the motion was carried with Councillors Gould and Flewwelling voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law" by amending policy statement 6.3.1 of the Plan to insert the words "civic, entertainment and recreational" after the word "commercial", be read a first time. Question being taken, the motion was carried with Councillors Gould and Flewwelling voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law" by amending policy statement 6.3.1 of the Plan to insert the words "civic, entertainment and recreational" after the word "commercial", be read a second time. Question being taken, the motion was carried with Councillors Gould and Flewwelling voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor 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 located at 25 Station Street (NBGIC Number 40048) excluding portions of the 83-253 COMMON COUNCIL DECEMBER 9, 1991 adjacent street system, from 1-1" Light Industrial to "B-3" Central Business classification", be read a first time. Question being taken, the motion was carried, with Councillors Gould and Flewwelling voting "nay". Read a first time a 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 parcel of land located at 25 Station Street (NBGIC Number 40048) excluding portions of the adjacent street system, from 1-1" Light Industrial to "B-3" Central Business classification", be read a second time. Question being taken, the motion was carried, with Councillors Gould and Flewwelling voting "nay". Read a second time a 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, by amending section 540(1) by inserting "exhibition centre" after the words "community centre", be read a first time. Question being taken, the motion was carried, with Councillors Gould and Flewwelling voting "nay". Read a first time a 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, by amending section 540(1) by inserting "exhibition centre" after the words "community centre", be read a second time. Question being taken, the motion was carried, with Councillors Gould and Flewwelling voting "nay". Read a second time a by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the correspondence regarding the proposed amendments be received and filed. 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 92 Mallette Road (NBGIC Number 326587), from "RS-1" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, to permit the expansion of the existing house to include a special care home for up to nine residents, as requested James Lawrence Adams. 83-254 COMMON COUNCIL DECEMBER 9, 1991 Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's December 3 meeting; explaining that the Committee did not make a recommendation because the applicant has requested the application be withdrawn. Consideration was given to a letter from Faye Adams requesting to withdraw the application due to ongoing discussions with the Department of Health and advising that the application may be resubmitted at a later date. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as requested by Faye Adams, permission be granted to withdraw the application for re-zoning of property at 92 Mallette Road. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting at this time due to a possible conflict of interest) The Common Clerk advised that the necessary advertising was completed with regard to an amendment to the Zoning By-Law to add a new section 620(2)(c)(iii) to permit a tavern or cabaret at 87-89 Golden Grove Road, to permit the existing licenced dining room to be licenced as lounge, as requested by Eugene O'Connor, and that a letter of objection written by Mrs. Henry-Elizabeth Kraglund on behalf of area residents, namely, Mrs. Vi Wilson, Mr. & Mrs. Robert Roach, Mrs. Eva Raymond, Mr. Malcolm Raymond and Mrs. Henry-Elizabeth Kraglund has been received. 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 19 meeting at which the applicant and his solicitor were in attendance; Mr. Eric Kraglund, representing his mother, Mrs. Henry-Elizabeth Kraglund, speaking in opposition expressed concerns of the residents which included noise, hours of operation and drinking drivers; also submitting a copy of a letter of opposition from Mr. and Mrs. Michael Martin; and recommending that the application to amend section 620(2) of the Zoning By-Law not be approved. Mr. Eric Kraglund, 159 Bon Accord Drive, spoke in opposition to the propose re-zoning on behalf of the area residents, who he noted were present in the Council Chamber with the exception of Mrs. Raymond and Mr. and Mrs. Roach; advised that the residents do not feel that a tavern, lounge or cabaret should be located in a residential area, cited an increase in traffic, litter and noise, particularly if permission is given to operate to 2:00 a.m.; referred to the fact that the subject property does not comply with the Zoning By-law restrictions as it falls short of the minimum separation requirement from an "R" Zone; referred to a point raised at the PAC meeting that not one complaint was issued against the subject property under the current conditions and stated that one must not assume that an absence of a complaint is a reason that a complaint does not exist and advised that investigation has revealed that residents were forced to close doors in order to drown out the noise and that the same type of circumstances could occur to a greater extent, particularly in the summer months, if the application is approved; referred to an increase in trespassers in the area and noted that break-ins did not occur as long as there was no liquor license in the establishment, however, as late as last night there was a break-in at that property and stated this increases the anxiety level of the residents in the area; questioned expansion of the business within the facility and what assurances will be mandated with respect to expansion beyond the existing building toward the back of the property; referred to a 1974 re-zoning of the property from "R-1" One- and Two-Family to "1-1" Light Industrial to permit a proposed 1 O-unit motel and restaurant and that there presently exists a retail store and a restaurant and that the re-zoning did not create a motel, but storage for a trucking company. Mr. Kraglund pointed out that when a specific property becomes re-zoned opportunities abound, limited only by the imagination of future perspective investors; suggested that the area is not situated in the most convenient spot, that Golden Grove Road is now a collector road and 83-255 COMMON COUNCIL DECEMBER 9, 1991 expansion of these facilities would increase the flow of traffic and create a greater hazard; that the property is in the Glen Falls flood zone and one of the first areas that floods and if expansion of parking in the future is essential consideration must be given to this area and expressed the opinion that the amendment proposed is not in the best interest of the local citizens and of the citizens of the City of Saint John. Mr. Sean Murphy, solicitor for the applicant, speaking in support of the proposed amendment, presented copies of a plan indicating the area in question to members of Council and advised that Mr. O'Connor purchased the property in the summer of 1991 and is operating a licensed restaurant which is open from 6:00 a.m. to 2:00 a.m., 7 days per week; the facility has two rooms seating approximately 30 and the other 20, as well as a licensed patio seating 16; Mr. O'Connor's proposal is to allow a text amendment to the Zoning By-law creating a permitted use of this property as a lounge and he has made the application in response to a request from his patrons for a games room; that in order to provide one, the applicant must change his present license by the Liquor Licensing Board from a dining room to a lounge license and this will allow him to utilize a room of approximately 12' by 18' immediately adjoining the smaller dining room, which was recently vacated by a tenant in the building, and it is his intention to place a pool table in the games room with the maximum increase in seating to be 15 patrons, which may be less depending on the Fire Inspectors report; it is the applicants intention to continue the dining room operation, however, the change in the license will allow the patrons to drink beverages without meals, but the establishment will continue to serve food; that with respect to litter the applicant has indicated it is collected daily; with respect to parking no parking is allowed on Golden Grove Road, however, there is ample parking available on the lot occupied by his business and that the establishment is separated from the main residential area behind the Golden Grove by a branch of Marsh Creek; the proposal presently before Council would allow at most a 20% increase in the patrons allowed in the building; with respect to noise the applicant has indicated to PAC that he has received no complaints from area residents concerning any aspect of the operation of this business; presented a copy of a letter in support from Mr. Douglas Hatfield, an adjoining property owner and a petition signed by other area residents; stressed the fact that the applicant is experienced in managing licensed facilities and is a resident of Golden Grove Road and has no desire to have a negative impact on his neighbours and believes that the proposed changes would have a barely noticeable effect on the community. Responding to queries from Councillor Rogers as to whether there has been a charge against the applicant under the Liquor Licensing Board and whether there are any other activities other than what is permitted under a restaurant license going on in the premises at the present time, Mr. Murphy replied in the negative; advised that it is not the intention of the applicant to create a night club and referred to restrictions which can be imposed by the Planning Advisory Committee in terms of operation of the premises. During discussion Mr. Murphy advised that there never has been, nor will there be, entertainment on the patio. Councillor Rogers noted that the petition distributed to Council contains signatures from individuals who do not live in the immediate area. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee the application to amend section 620(2) of the Zoning By-Law not be approved. Speaking in opposition to the motion, Councillor Knibb expressed the opinion that he had hoped approval would have been given to the application and suggested that the Planning Advisory Committee can put controls on what appears to him to be a very reasonable request for a slight change in the business and the track record of the applicant appears good. Mr. Bedford, in response to Councillor Coughlan as to what restrictions and conditions could be put on the re-zoning, explained that the application would specifically permit this site to be used as a lounge; that it is dealing with the regulation of use and conditions and once the use is permitted it is then a conditional use and the conditions have to be applied by PAC; that the hours of operation have been considered by the Legal Department in the past and this specific situation would have to be looked at. Mr. Bedford explained that the change in license 83-256 COMMON COUNCIL DECEMBER 9, 1991 would provide patrons with the ability to move around the restaurant and to carry liquor and drinks within the restaurant. Councillor Coughlan asked if there would be a opportunity for further dialogue relative to the type of conditions that could be set and suggested the matter be tabled to allow such discussions. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the above-noted application be laid on the table pending a meeting between the applicant and the area residents. Question being taken, the tabling motion was carried with the Mayor and Councillors Flewwelling, Rogers and A. Vincent voting "nay". (Councillor Fitzpatrick re-entered the meeting) Muriel Jarvis, co-chair of the Health Action Council was present at the meeting to present the report "Working Together for a Healthy Saint John", which summarized the proceedings of a workshop held on June 20, 1991 to collaborate on the development of a vision for a healthy future. She noted the presence in the Council Chamber of members of the executive and the general membership, namely, Mary Lou Reimam, secretary of the Council, Rhona Gulliver, Vice-chair and Leslie McColgan, past Vice-chair; noted that Dr. Christine Davies, one of the co-chair is unable to be in attendance, as well as Edmond Kayser, Treasurer; announced the formation of the Health Action Council and presented a brief overview of the organization and an update of their current activities; noting that the Committee grew out of the Goals for Saint John; that the Council's mission is to promote healthy living in the Greater Saint John area and is comprised of members of all sectors of the community and the three levels of government; advised that the Committee has developed a response to the draft report on health promotion and prevention developed by the Premiers' Council on Health Strategies and reviewed the options for a non-smoking by-law and presented their recommendations to the Environment Committee; referred to plans for a Health Festival scheduled to be held on May 9, 1992; and encouraged the support of Council for the Health Action Council and its activities and advised that the Health Action Council looks forward to many opportunities of all sectors to work together for a healthy community. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the Common Council endorse the creation of the Health Action Council. Councillors Rogers referred to a statement in the submitted report that 30,000 visits to the two hospital Emergency Departments could be prevented and questioned if the health coalition looked at problems and crisis within the health care field and what direction do they intend on following. Miss Jarvis advised that this issue has not been one of their priorities and they are in the stages of setting up a structure for the organization and in her presentation she simply outlined some of the things they did in the past few months and agreed this would seem to be an area for future consideration. Question being taken, the motion was carried. Consideration was given to a letter from Mr. Karol Siroky, President, EPC R & D. Corporation, requesting to make a brief submission to Council with respect to a proposed development of property at 129 Germain Street. Mr. Saijad Mian, Comptroller of EPC R & D Corporation, spoke on behalf of the company and Mr. Karol Siroky; advised that he received a telephone message from Mr. Siroky advising he has been detained by the Police unlawfully and he agreed with a suggestion of Mayor Wayne that the matter be tabled until a later date. 83-257 COMMON COUNCIL DECEMBER 9, 1991 On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the request of Mr. Karol Siroky to make a submission to Council be laid on the table until a later date. Question being taken, the tabling motion was carried. Consideration was given to a letter from the Saint John Parking Commission advising that at the December 6 meeting of the Commission consideration was given to a recommendation of the Central Business Development Corporation that the Parking Commission provide free parking at the parking meters on Thursday and Friday evenings and all day Saturday for at least a three month trial period and further that the Parking Commission survey the parking metered areas on Sundays to see if there was any misuse at the parking meters; advising that the Parking Commission reviewed the request and looked at various other parking options in the uptown area to help the merchants and recommending that the City amend its Parking Meter By-Law to allow for free on-street parking at metered sites on Thursday and Friday evenings for a trial 6-month period and that the Commission will also give free parking Monday through Friday evenings after 6 o'clock and all day Saturday and Sunday at its off- street parking lots for a trial 6-month period beginning immediately. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances" to provide free parking at parking meters on Thursday and Friday evenings, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled "A By- Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances" to provide free parking at parking meters on Thursday and Friday evenings, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that an emergency be declared and the said amendment to the Parking Meter By-Law be given third reading at this time. Question being taken, the motion was lost with Councillor Fitzpatrick voting "nay" the unanimous vote of the council members present being required to declare a state of emergency. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Dr. M. 1. Kamel, Chairman of the Organizing Committee requesting grant assistance for the 10th Canadian Symposium 83-258 COMMON COUNCIL DECEMBER 9, 1991 on Fluid Dynamics to be held in Saint John from June 4-6, 1992, requesting grant assistance -- be referred to the City Manager. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent requesting information respecting an arbitration hearing between the City of Saint John and Local 18, C. U. P. E.; and the cost of various arbitration hearings. Mr. Groody advised that last week an arbitration with C.U.P.E. Local 18 had to be adjourned, however, staff that would be attending the arbitration had been assigned to a higher priority issue; the C.U.P.E. representatives would not agree to an adjournment, it was necessary to request the Board to adjourn the matter. Responding to a query from Councillor A. Vincent as to the date City staff agreed to the meeting, Mr. Groody advised the date was set a number of months ago, however, since that time an important issue relating to the Human Resources Department arose and he assigned Mr. Mcintyre to a higher priority project and his department assumed wrongly that Local 18 would agree to an adjournment as it has in the past. Councillor A. Vincent suggested that the managers of the two departments concerned could have represented the City in this matter and outlined the procedure to be taken for future adjournments. Responding to Councillor A. Vincent's reference to costs incurred in the above matter, Mr. Groody advised that he will present a report to Council when the information is available and that the next arbitration hearing is to be held in January. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Councillor A. Vincent requesting information pertaining to the Saint John Fish & Game Association and the Lily Lake Pavilion -- be received and filed. Her Worship the Mayor advised that the matter referred to in Councillor A. Vincent's letter was discussed by Council when he was absent and that the matter has been turned over to the City Manager and Mr. Robichaud, who are actively pursuing alternatives for the group. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Fish & Game Protective Association advising that December 15, 1991 will be the date when the Association and all its associated clubs and activities will cease to function in the City of Saint John; outlining the history of the occupancy of the Association at the Lily Lake facility; and advising that they intend to pursue all legal avenues to protect their rights. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Fish & Game Protective Association with respect to their occupancy of the Lily Lake Pavilion -- be referred to the City Manager. 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 invoice, namely:- Standard PavinQ - Supply of asphalt Maritime Limited November 27-29/91 $9,069.77 Question being taken, the motion was carried. 83-259 COMMON COUNCIL DECEMBER 9, 1991 On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the matter of declaring a state of emergency with respect to a proposed amendment to the Parking Meter By- Law, which had been defeated earlier in the meeting, be reconsidered at this time. Question being taken, the motion to re-consider was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that an emergency be declared and the said amendment to the Parking Meter By-Law be given third reading at this meeting. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. 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 certificate, namely:- 1. Contract 90-8 Lancaster Wastewater Treatment Plant Opron Maritimes Construction Limited Original estimated value of work Total work done, Estimate #12 Retention Payments previously approved Sub-total G.ST component Sum recommended for payment, Progress Estimate Number 12, dated November 12, 1991 Final holdback release $3,284,614.00 3,913,835.80 15,000.00 3,521,869.33 376,966.47 26,387.66 403,354.13 Mr. Armstrong advised that the cost overrun related to a major redesign problem with regard to soft soils which delayed the project approximately 6 months and replying to a query from the Mayor, advised that 80% of all costs are shared by the Province. Question being taken, the motion was carried. 83-260 COMMON COUNCIL DECEMBER 9, 1991 On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of House of Buchanan in the amount of $359.00/M plus taxes, be accepted for the supplying of 20,000 City Crest pins and 18,000 Loyalist Man pins. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Campbell's Plumbing & Heating Ltd. be accepted for providing maintenance service to various furnaces and boilers for the period ending November 30, 1993, at the rates contained in the attached summary of bids. Question being taken, the motion was carried with Councillors Davis and A. Vincent voting "nay". Consideration was given to a report from the City Manager responding to various requests from Louis E. Murphy, M.L.A., which had been considered at the meeting of November 12, and recommending that (1) the snow plowing request for Alice Wilson not be approved, (2) Council approve the concept of placing parking on a portion of the west side of Chipman Hill which will contain one or two disabled parking spots and authorize staff to proceed with the necessary process to put the parking in place; and (3) approve the installation of audio pedestrian crossing signals at the intersection of Main Street and Church Avenue at an estimated cost of $1,000.00. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the request from Louis E. Murphy, M.L.A. for snow plowing for Alice Wilson not be approved. Question being taken, the motion was carried with Councillors Rogers, Landers, Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Council approve the concept of placing parking on a portion of the west side of Chipman Hill which will contain one or two disabled parking spots and authorize staff to proceed with the necessary process to put the parking in place. Question being taken, the motion was carried Councillor Flewwelling requested that consideration be given to a 15- minute parking meter for people who have business within City Hall. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, approval be granted for the installation of audio pedestrian crossing signals at the intersection of Main Street and Church Avenue at an estimated cost of $1,000.00. Councillor Landers noted that the guard rail on Milford Road which was also requested by Mr. Murphy has been installed and Council has received a letter of appreciation from him. 83-261 COMMON COUNCIL DECEMBER 9, 1991 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that the 1991 Capital Budget includes a $20,000 allocation to initiate the digital mapping program in the City and will initially be used to update the City's Zoning By-Law; that a firm estimate from the New Brunswick Geographic Information Corporation of $20,680.88 plus taxes and media costs has been received and recommending that the purchase of the digitized conversion of 224 property maps through NBGIC for $20,680.88 plus applicable taxes and media costs be approved. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the purchase of the digitized conversion of 224 property maps through NBGIC for $20,680.88 plus applicable taxes and media costs be approved. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that the City of Saint John has been asked by the Fundy Region Mayors' Association to approve in principle the possibility of the municipalities in the Greater Saint John area regionalizing emergency medical services and to authorize participation in discussions leading to this goal; that the City of Saint John and a few abutting municipalities receive their emergency medical services from the Saint John Regional Hospital, that there is another service cost-shared by municipalities in the Kennebecasis Valley and in other areas there is a volunteer service; that a review of these service levels and resulting costs would be very beneficial, and for this reason the City should agree to the request from the Fundy Region Mayors' Association; that there are a number of technical issues such as a centralized communication and dispatch system, training for ambulance drivers and the interface of the City Rescue Squad, all of which would require the input from a staff person who has knowledge in these areas and that a logical candidate would be Deputy Chief Glen Tait, who at the present time is serving as the City representative on the Pre-hospital Care Committee; and recommending that the City of Saint John approve in principle the possibility of the municipalities in the Greater Saint John area regionalizing emergency medical services and that Deputy Chief Glen Tait be appointed as the City representative to be involved in discussions on the matter and as well, Council give consideration to the appointment of an elected representative --be received and filed and the recommendation adopted. 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 Mayor and Common Clerk be authorized in consideration of the sum of One ($1.00) Dollar to execute a grant of easement in favour of Carmella Holdings (1988) Ltd. to permit the northerly side of the building at 641 Manawagonish Road to encroach upon the said Manawagonish Road, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager advising that Common Council meeting in Committee of the Whole on December 2, 1991 considered a report and recommendation on the request of Brunswick Data Inc. that the City reacquire the subject property for the purchase price; that the recommendation to not acquire the property was adopted and staff was instructed to contact the Company concerning the repurchase option held by the City; 83-262 COMMON COUNCIL DECEMBER 9, 1991 and recommending that the report from the November 25, 1991 Committee of the Whole concerning the Brunswick Data request that the city reacquire the property on Chesley Drive be amended by adding the following second recommendation, namely, (2) that the repurchase option held by the City on the property be removed -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from by the City Manager advising that as Council is aware, all City bank accounts are maintained at the Brunswick Square Branch of the Bank of Nova Scotia; that staff have recently been pursuing the opportunity of acquiring additional services with the Bank which will provide improved control of cash flow and result in a reduction of short term interest charges; that the annual savings of implementing this service are estimated to be $25,000 and recommending that Common Council adopt the submitted resolution and the Mayor and Common Clerk be authorized to sign the Scotiaconnect Service Agreement. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED THAT: (1) The Corporation enter into with The Bank of Nova Scotia (the "Bank") a Scotiaconnect Service Agreement in the form attached hereto and tabled herewith (the "Agreement") for the provisions by the Bank to the Corporation of the Scotiaconnect Service designated therein. (2) That anyone of the Commissioner of Finance, Deputy Commissioner of Finance or Manager of Accounting Services and any of the persons or officers designated by them from time to time be authorized and the same is hereby authorized on behalf of the Corporation: (a) to receive initial access codes and to devise and keep secure subsequent access codes to be used to access information concerning the designated accounts which the Corporation now or hereafter has with the Bank in accordance with the terms of the Agreement; (b) to have access to information concerning the designated accounts which the Corporation now or hereafter has with the Bank requested in the Agreement through the use of such access codes; and (c) to request and/or perform any of the services designated in the Agreement and, where the services so requested include the customer initiated transfers, to give to the Bank, through a computer terminal, orders for the payment of the Corporation's funds on deposit on deposit with the Bank. 3. That all instructions and communications through the terminal to the Bank in conformity with the Agreement shall be binding between the Corporation and the Bank. 4. That this resolution shall supplement any other banking resolution passed by the directors of the Corporation and certified to the Bank. 5. That this Resolution be communicated to the Bank and each Related Corporation and shall continue in force as between the Corporation and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. Responding to a query from Councillor Fitzpatrick, Mr. Wilson advised that there is a $250 per month connection charge and the savings of $25,000 are net of that cost. Question being taken, the motion was carried. 83-263 COMMON COUNCIL DECEMBER 9, 1991 On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the letter from the City Solicitor advising that Council recently received a recommendation from the Major Tournament Committee to have the former Boxing and Wrestling Commission re- instituted and made operative again; that the matter was referred to him for an examination and advice as to what is involved in re-establishing the Commission; that in 1950 the Council petitioned the Legislature and obtained legislation to allow the Mayor to establish a Boxing and Wrestling Commission with the approval of the Council; that in 1981 Council adopted a resolution appointing the members of the Recreation and Parks Advisory Board to be members also of the Boxing and Wrestling Commission; that in 1986 the question of liability of commission members became a concern and as a result the matter was examined by the City's insurers who stated, among other things, that until the City is able to determine their responsibility in the encouragement of professional boxing in this City, the insurers will be reluctant to offer liability protection; that about the same time as the concern was expressed over liability, it was learned that the Province was examining the Major Recommendations based on the findings of the National Task Force on boxing; that in 1987 the Chairman, on behalf of the Boxing and Wrestling Commission, recommended that Council accept the resignation of the members of the Boxing and Wrestling Commission until investigation can be carried out regarding possible future provincial legislation applying to boxing and wrestling in New Brunswick, which recommendation was adopted by Council in June 1987; that he is presently attempting to find out what, if any, further action has been taken by other levels of government to regulate boxing and wrestling; and recommending that Council take no action on this matter at this time -- be received and filed and the City Solicitor pursue the matter. 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 December 2, 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, Common Council resolutions of September 9, 1991 and October 15, 1991, concerning the acquisition of land on Gault Road from Roy Marks, be rescinded. 2. That as recommended by the City Manager, Caroll Smith be advised that the land in the Cedar Point Mobile Home Park, designated Caledonia Drive on the subdivision plan, is not available for sale at the present time. 3. That as recommended by the City Manager, (1) the properties required for the relocation of the Main Street Fire Station #5 be acquired under the following general conditions: (a) the building must be vacant at the time of the sale; (b) the title to the property must be free and clear of all encumbrances; and (c) the full purchase price less normal adjustments will be paid upon transfer of the property except for 257-259 Main Street which is presently listed for sale; (2) the property at 194 Metcalf Street, identified as part of NBGIC Number 377010, be acquired from Barry Campbell for a price of $46,700 under the general conditions in recommendation (1) above and that the title be transferred on or before December 31, 1991 and, if the building is not vacant at that time, the transfer to take place as soon as vacant possession is possible; 83-264 COMMON COUNCIL DECEMBER 9, 1991 (3) the property at 247-249 Main Street, identified as NBGIC Number 374462, be acquired from the Province of New Brunswick for a price of $3,000; (4) the property at 253-255 Main Street, identified as NBGIC Number 374454, be acquired from Donald McBrien for a price of $73,000 under the general conditions listed in recommendation (1) as well as the following: (4.1) payment of legal and appraisal costs; (4.2) transfer to take place on or before March 31, 1992; and (4.3) payment of rentals lost between the time the first tenant moves and the building becomes vacant; (5) the property at 257-259 Main Street, identified as NBGIC Number 374447, be acquired from Margaret Kilravey and Geraldine Garvin for a price of $67,000 under the general conditions listed in recommendation (1) as well as the following: (5.1) payment of legal and appraisal fees; (5.2) transfer to take place on or before January 31, 1992; (5.3) payment of moving expenses for the owners; (5.4) the kitchen cupboards on the first floor and a chandelier to be removed by the owners; and (5.5) payment of a 5% or $3,350 deposit to be made to the vendor's solicitor in trust by December 20, 1991. 4. That additional funding for 1991, in the total amount of $89,085, be approved in support of the following capital items at the Canada Games Aquatic Centre:- scoreboard retrofit - $6,585; 2 high efficiency boiler burners - $12,500; and retrofit of 50-metre pool bulkhead and end walls - $70,000, subject to clarification with respect to warranties. 5. That as recommended by the City Manager, the City of Saint John participate with the Province and the Atlantic Canada Opportunities Agency in funding the feasibility study of the Marco Polo Project, the extent of the City's financial commitment to be set at 15% but not to exceed $15,000. 6. That Brunswick Data Inc. be advised that the City is not prepared to repurchase the property at the corner of Chesley Drive and Bentley Street, and further that Brunswick Data Inc. be approached to see if it would agree to have the repurchase clause removed. December 9, 1991, Saint John, N.B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 83-265 COMMON COUNCIL DECEMBER 9, 1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that additional funding for 1991, in the total amount of $89,085, be approved in support of the following capital items at the Canada Games Aquatic Centre:- scoreboard retrofit - $6,585; 2 high efficiency boiler burners - $12,500; and retrofit of 50-metre pool bulkhead and end walls - $70,000. It was noted that the General Manager of the Aquatic Centre has reported that there was only a one year guarantee on the labour and parts for the pool bulkhead. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillors Gould, Flewwelling and Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Rotary Club of Saint John advising that at a recent directors meeting it was unanimously agreed that the Club formally express its support of the Marco Polo Project; strongly urging that all levels of government provide the necessary support to bring this project to reality -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that Brunswick Data Inc. be advised that the City is not prepared to repurchase the property at the corner of Chesley Drive and Bentley Street, and that the repurchase option held by the City on the property be removed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) the properties required for the relocation of the Main Street Fire Station #5 be acquired under the following general conditions: (a) the building must be vacant at the time of the sale; (b) the title to the property must be free and clear of all encumbrances; and (c) the full purchase price less normal adjustments will be paid upon transfer of the property; (2) the property at 194 1/2 Metcalf Street, identified as part of NBGIC Number 377010, be acquired from Gladys Byers for a price of $20,500 under the general conditions in recommendation (1) above plus the payment of related expenses amounting to $984.25; with transfer of title to take place on or before December 31, 1991 ; 83-266 COMMON COUNCIL DECEMBER 9, 1991 (3) the property at 21 Adelaide Street, identified as NBGIC Number 374421 be acquired from Randolph and Deborah Boomer for a price of $53,500 under the following conditions: (3.1) title to the property must be free and clear of all encumbrances; (3.2) full purchase price less normal adjustments will be paid at the time of sale; (3.3) payment of additional 5% due to home occupancy; (3.4) payment of penalty on payout of mortgage on existing property; (3.5) payment of mortgage insurance required for high ratio loan on new property being acquired by the vendor; (3.6) payment of appraisal fee of $200; (3.7) payment of legal fee of $4,000; (3.8) payment of moving costs for both the residence and catering business; (3.9) payment of costs necessary to create space for catering business in basement of new property similar to that which exists in the present location; (3.10) transfer of title to take place within seven days of the date on which the replacement property becomes available; and (3.11) the vendors to be given a lease of the property at 21 Adelaide Street for a period of one month at a rental of $1.00 and to be responsible for complete maintenance and operating cost of the property during that period, however, in no event is this one month lease to extend beyond March 31,1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan (photo reduction submitted) with respect to those portions of the municipal services easement at 91 Millidge Avenue, which do not traverse City-owned property. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the letter from the Saint John Environment Committee advising that they have had an opportunity to review the proposed Smoking By-Law, which had been referred to them by Council resolution of August 19, 1991; that they solicited comments from Dr. Scott Giffin District Medical Health Officer, Dr. Robert Beveridge, Chief Emergency Medicine, the New Brunswick Lung Association and the Saint John Health Action Council; citing the six options outlined in the staff report and advising that the Committee would prefer Option number 6 which provides for a new by-law that prohibits smoking in all public places without any exception, however, after reviewing the options realistically they have concluded Option number 4 would be the best option to start with in 1991 and that over the next ten years, the City should attempt to be in the position to adopt Option number 6 as final choice; and recommending:- (1) that the City enact a by-law that covers the intent in Option #4 which states that "A New by-law that prohibits smoking in all public places and allows smoking only in controlled designated smoking areas with special provisions for smaller restaurants/bars" e.g. an occupancy of 40 or less; (2) that the City make representation to the Province through the Occupational Health and Safety Commission to prohibit smoking in the workplace through their regulations; and (3) that the by-law be referred to the Environment Committee before final reading -- be referred to the City Manager for drafting of the by-law and that a copy be forwarded to the Environment Committee. Councillor Landers expressed the opinion that this item may not be a popular item to some, and questioned how Council can ignore the fact that billions of dollars are expended on health related research to correct problems and diseases; that it is known that smoking is one of the major causes of deaths in North America; that when the by-law is drafted Council will be responsible enough to adopt it for the health of the community. Question being taken, the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". On motion of Councillor Knibb 83-267 COMMON COUNCIL DECEMBER 9, 1991 Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Solicitor General of Canada responding to Council's expression of interest in the proposed new regional facilities for Federally sentenced women; advising that Saint John will not receive further consideration as a potential site for the regional facility -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from Messrs. Garry Prosser and Edward Doyle, advising that they appeared before Council on August 19, 1991 concerning removal of top soil in the Red Head area and requesting the status of the matter -- be referred to the City Manager and the City Solicitor. Mr. Rodgers advised that he has met with Messrs. Prosser and Doyle concerning charges which came up in Court and has had no decision, however, it is his understanding the Building Inspector has had further discussion with them. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mrs. H. L. Thomas regarding the condition of a door at the City Market, be referred to the Deputy Market Clerk for action. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the Chairman of the New Brunswick Teachers Association advising that in 1989 the N. BTA. 1992 Hosting Committee made application for a conference grant for the Canadian Teachers' Federation Annual General Meeting of 1992; that the original application cannot be located and they are now renewing their application for a conference grant -- be referred to the City Manager for consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk