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1992-04-13_Minutes 83-469 COMMON COUNCIL APRIL 13,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of April, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; M. Jamer, Director of Works; J. Baird, Manager - Development Division; M. Hanlon, Purchasing Agent; B. Steeves, Deputy Building Inspector; D. Harvey, Superintendent of Sanitation; R. McDevitt, Fire Chief; R. Johnston, Deputy Fire Chief; G. Tait, Deputy Fire Chief; 1. White, District Fire Chief; G. Green, Fire Fighter, Temporary Systems Co-Ordinator; G. Buchanan, Systems Analyst; Winston Cossaboom, Inspector - Police Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Jack Fancy of Kings Valley Wesleyan Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on April 6, 1992, be approved. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 303 Westmorland Road, formerly known as 273 Westmorland Road (NBGIC Number 321158), from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, to permit the former Canadian Lebanon Association building to be converted to a church, as requested by First Revival Temple Inc., and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report and two letters in support of the application that were considered at the Committee's April 7 meeting at which the applicants were in attendance and expressed agreement with Planning's recommendation, and no other persons were in attendance; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land located at 303 Westmorland Road, formerly known as 273 Westmorland Road, also having NBGIC Number 321158, from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which provides as follows:- (1) the use of the property shall be limited to a church, school and/or day care centre; (2) the property shall be redeveloped and maintained in accordance with a site plan prepared by the applicant and approved by the Development Officer, indicating landscaping and paved vehicular facilities developed in accordance with Zoning By-Law and Engineering Department requirements; and (3) all work required to finish the site in accordance with the approved site plan shall be completed within one year of approval of the change of use permit. 83-470 COMMON COUNCIL APRIL 13,1992 On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning of a parcel of land located at 303 Westmorland Road, formerly known as 273 Westmorland Road (NBGIC Number 321158), from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning of a parcel of land located at 303 Westmorland Road, formerly known as 273 Westmorland Road (NBGIC Number 321158), from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 295 Millidge Avenue (NBGIC Numbers 46953 and 46961), from "R-4" Four-Family Residential to "IL-1" Neighbourhood Institutional classification, to permit expansion of the existing special care home at 295 Millidge Avenue, as requested by John and Verna Seale, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee advising that the applicants attended the Committee's April 7 meeting, at which no other persons were in attendance and no letters were received, and expressed agreement with the recommendation in the submitted report from the Planning Department; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land located at 295 Millidge Avenue, also having NBGIC Numbers 46953 and 46961, from "R-4" Four-Family Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licensed by the Province as a special care home for a maximum of eleven residents. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to 83-471 COMMON COUNCIL APRIL 13,1992 amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning of a parcel of land located at 295 Millidge Avenue (NBGIC Numbers 46953 and 46961), from "R-4" Four-Family Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning of a parcel of land located at 295 Millidge Avenue (NBGIC Numbers 46953 and 46961), from "R-4" Four-Family Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Gould 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) those portions of two parcels of land located at 665 Loch Lomond Road (NBGIC Numbers 312801 and 55043194) that are presently not designated Light Industrial, from Low Density Residential to Light Industrial classification; and (b) the remaining portions of the same parcels that are presently not designated Low Density Residential, from Light Industrial to Low Density Residential classification, to permit the existing industrial building to be located fully within the industrial zone, and the house to be fully within the residential zone, as requested by 037042 N.B. Inc. (Councillor A. Vincent entered the meeting.) The Mayor advised that, with regard to the matter of the Greenwood Subdivision which was the subject of a presentation in open session on March 30 and a staff report on April 6 in Committee of the Whole, she and Messrs. Robichaud, Armstrong and Jamer met with The Honourable Jane Barry, Minister of the Environment, in this regard and it is anticipated that a report will be submitted to Council within the next week; and also advised that, further to the March 30 presentation by the Champlain Heights Home and School Association, City staff has met with representatives of the Association with a report to Council expected within the next week. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Sergeant Leonard Stull, Police Coordinator of the Crime Prevention Unit of the Saint John Police Force, requesting funds from the City in the amount of $500 for The Law Enforcement Torch Run beginning on May 27 in support of mentally-handicapped athletes -- be referred to the City Manager for a report to Council. 83-472 COMMON COUNCIL APRIL 13,1992 Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a memorandum from Dave Munro, Manager of the 1993 Jeux Canada Games Soccer Team, asking if the City would like to purchase an advertisement block to help support the Team -- be received and filed and the City purchase an advertisement for $100. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a letter from Daryl Green, President of the Saint John Jaycees, asking for financial support in the Jaycees' bid to host the Atlantic Region Jaycees and Jaycettes at the 1993 Winter Board Conference in Saint John -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the letter from Councillor Landers asking that the City Manager be requested to investigate the possibility of the City setting up its own tree nursery for a long-term goal relative to tree-planting programs within the City, and that the City Manager check with other municipalities to see if such a program would be cost effective and result in a more extensive tree- planting program for the citizens of Saint John -- be referred to the City Manager for a report to Council. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. Read a letter from Councillor A. Vincent advising that, further to his March 30 and April 6 requests for the specifications on the tender call for asphalt, he has learned that the specifications were changed without the authority of Council in that staff conveniently deleted the penalty clause. Mr. Hanlon explained that, while five to ten years ago there was a shortage of asphalt plants in the area and staff recommended to Council that a long- term contract be entered into to allow some of these companies time to recover some of the capital expenditures required to set up asphalt plants, there are now at least three companies in the area which supply this product and that, in keeping with the City's practice of awarding contracts for a one-year period, staff felt that it was in the City's best interest to award the asphalt tender for one year. Mr. Hanlon noted that, generally, staff does not submit tender specifications, terms and conditions to Council for approval prior to calling tenders. Councillor A. Vincent expressed concern that, without a penalty clause, the asphalt plant might supply a private contractor's needs prior to the City's needs, whereupon the Mayor asked staff to monitor the situation and, if there is a problem in this regard, to advise Council. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from Councillor A. Vincent advising that the Trustees of the Hatheway Estate intend to go forward with a Saint John Labour Temple and has approximately $400,000 in trust; and suggesting that Council indicate to The Saint John District Labour Council that it will cooperate and 83-473 COMMON COUNCIL APRIL 13,1992 work with it to obtain land in Rockwood Park for the Labour Temple where a working man can take his family out to lunch -- be referred to the City Manager to determine if the City has any land available. Question being taken, the motion was carried. Read a report from the City Manager advising that tenders were opened at 11 :00 o'clock a.m. on this date for the demolition of the one-storey wood frame structure located at 1377 Lorneville Road (NBGIC Number 285338), the owner having failed to comply with Common Council's order of March 16 that he demolish the building within 10 days; also advising that the tendered amounts, while not included in this report, would be available at this meeting should Council wish, and that a representative for the property owner applied for a demolition permit on this date and submitted a proposal for the proper removal of the structure within 7 days, such proposal being to see the building removed and re-used as a storage building on another property; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager the above matter be laid on the table for one week pending the owner's completion of the removal of the subject building within 7 days. Question being taken, the tabling motion was carried. Consideration was given to the City Manager's previous report considered by Council on March 30 recommending the award of the contract for the supply of asphaltic concrete mixes to Grove Construction (1986) Inc. at the unit prices quoted and that staff be authorized to purchase up to $450,000 of this material; Council having tabled a motion to accept the tender of Classic Construction Maritime Ltd., at the unit prices quoted as indicated in the submitted report from the City Manager. Councillor Knibb proposed a motion, which was seconded by Councillor Coughlan, that the above tender be awarded to Grove Construction (1986) Inc., the low tenderer, whereupon Councillor Fitzpatrick suggested that the motion tabled on March 30 should first be considered. (Councillor M. Vincent re-entered the meeting). On motion of Councillor Fitzpatrick Seconded by Councillor A. Vincent RESOLVED that motion to accept the tender of Classic Construction Maritime Ltd. be taken from the table and adopted. Question being taken, the motion was lost with the Mayor and Councillors Coughlan, Davis, Gould, Knibb, Landers, Rogers and M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Grove Construction (1986) Inc., at the unit prices quoted as indicated in the submitted report from the City Manager, be accepted for supplying asphaltic concrete mixes. Question being taken, the motion was carried. Consideration was given to a letter from Mary K. Cormier, 2nd Vice President of the Saint John Art Club, and signed by members of the Club, requesting to appear before Council to address the subject of the Claude Roussel sculpture on the front of the City Hall building; expressing the opinion that, as the sculpture was created to adorn a specific building and could not be relocated as a free-standing sculpture might be, the work of art commissioned to adorn it should remain in place, except when 83-474 COMMON COUNCIL APRIL 13,1992 temporarily removed for repairs to the building; and suggesting that, if a coat of arms or other insignia is needed to designate the location of City Hall, Claude Roussel should be consulted as to appropriate placement of such an addition. Mary K. Cormier appeared before Council to address the above matter whereupon the Mayor advised that Council was informed earlier this date by the City Manager that Revenue Properties, the building owner, is considering putting the Roussel sculpture back in place following the roof repairs; and suggested that a presentation at this time is probably not required as the Art Club and others have accomplished their purpose by bringing this matter to the building owner's attention. The Mayor thanked the members of the Art Club for their interest and assured them that, should it be determined that the sculpture is not to be put back in place, the Club will be advised accordingly. (Councillor Fitzpatrick withdrew from the meeting during the above remarks.) Councillor Davis made the observation that the Roussel sculpture was placed on the City Hall building not as a work of art but rather to relieve the austerity of the design of the building. Mrs. Cormier, referring to a newspaper article indicating that the next Council would decide on City Hall's new look, asked why the Art Advisory Board, which was set up by Council, was not consulted on this issue; and suggested that, rather than destroy what the City has and if there is money to spend on art, the money should be used to adorn new buildings which are being constructed. The Mayor advised that Christopher Waldschutz is unable to be present at this meeting to address Council regarding parking in the South End of the City, and suggested that Mr. Waldschutz's letter, which is self-explanatory and makes a good point, should be referred to the proper authorities for review. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from C. R. Waldschutz asking Council's assistance to rectify an inequity which currently exists in the parking regulations in the South End of the City; and proposing that the Provincial authorities could be prevailed upon to allow a waiver of its existing law, such waiver to be granted by the issuance of a parking sticker from the Parking Commission -- be referred to the Parking Commission and the Police Department. 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 91-8, Corrosion Protection, SewaQe Lift Stations Corrosion Services Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated March 24, 1992 Final holdback release. $21,850.00 19,850.00 Nil 16,872.50 2,977.50 194.79 $ 2,977.50 Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) 83-475 COMMON COUNCIL APRIL 13,1992 Read a report from the City Manager advising that the New Brunswick Municipal Finance Corporation is planning a bond issue later this month and has provided ranges within which the issue could be sold as follows:- interest rate: not to exceed an average of 10.25%; price, net: not to be less than $98 per $100 of debenture; and term: serial form to mature in equal annual amounts over a term not to exceed 10 years; and recommending adoption of the submitted resolutions relative to the City's need to borrow $9,800,000 as reported to Council in March 1992. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND Transportation Services Adelaide Street $17,745; Asphalt Planing $11,065; Bardsley Avenue $33,147; Canon Street $39,287; Canon Street Retaining Wall $48,983; Carleton Street $61,792; Catherwood Street $92,030; Cedar Grove Crescent $70,536; Champlain Street $52,178; Charlotte Street West $65,279; Chesley Drive $65,997; Chipseal Various Streets $34,476; Church Avenue $96,150; Coburg Street $118,873; Culverts $13,281; Dever Road $110,798; Emery Street $10,467; Fairville Boulevard $58,190; Gault Road $301,901; George Street $29,176; Goodrich Street $161,310; Grandview Avenue $165,779; Hill Heights Road $21,221; Hilyard Street $102,762; Lakewood Avenue West $15,741; Lancaster Avenue $91,290; Leinster Street $36,555; Loch Lomond Road $63,954; Ludlow Street $52,619; Main Street North $43,198; Manawagonish Road $30,895; Manners Sutton Road $37,544; McAllister Drive $11,837; Mcintosh Street $79,867; Nicolle Road $33,451; Old Orchard Lane $14,321; Orange Street $237,784; Paving - Spruce Lake Industrial Park $12,612; Pleasant Street $43,502; Prince Street $103,363; Prince William Street $126,728; Queen Street $44,985; Red Head Road $24,457; Rothesay Avenue Complex $176,247; Second Street $28,033; Shaws Lake Road $25,775; Spring Street $6,918; St. James Street West $12,405; Thorne Avenue - Curb & Sidewalk $8,553; Tippett Drive $87,120; Traffic Signals Manchester Avenue $17,000; Tree Planting $39,631; Water Street $11,192 -- $3,300,000 Recreation & Parks Adelaide Street $53,980; Carleton Community Centre $17,421; Fisher Lake $166,465; Golf Course $18,333; Gorman Arena $11,768; Hurley Arena $3,489; Lancaster Arena $86,943; Memorial Field $40,376; Rockwood Park $185,394; Somerset Street, Play Area $6,141; Stu Hurley Arena $18,496; Troop Street $28,762; Tucker Park $12,432-- $650,000 Environmental Development Greater Residential Incentive Program (GRIP) $458,730; Heritage Grants $52,720; Housing Infill Development (HID) $78,770; Market Building $84,021; Old Provincial Building $31,394; Regional Exhibition Centre $268,497; Subdivision Cost Sharing $150,868 -- $1,125,000 Total General Fund $5,075,000 WATER AND SEWERAGE UTILITY Water System Central Avenue $36,390; City Line $193,212; Coburg Street $107,859; Cranston Avenue $82,936; Dominion Park Road $3,985; Dufferin Row $43,107; Fluoridation $497,626; Ludlow Street $94,442; Main Street North $55,036; Market Place $29,295; Pleasant Street $59,367; Pokiok Road $51,842; Rothesay Avenue $142,505; Service 83-476 COMMON COUNCIL APRIL 13,1992 Box Renewal $133,476; St. George Street $76,420; St. John Street $134,362; Watershed $20,470; Woodville Road $87,670 -- $1,850,000 Sewer System Broadway Street $72,655; Central Avenue $49,662; Champlain Street West $19,566; City Line $218,687; Coburg Street $7,252; Cranston Avenue $113,244; Dominion Park Road $10,740; Douglas Avenue $28,400; Dufferin Avenue $49,208; Dufferin Row $30,536; Expansion Avenue $40,796; Foley Court $7,798; Germain Street West Sewer Renewals $5,520; Gifford Road $65,111; Glen Falls Lift Station $65,459; Glenwood Subdivision $9,722; Harbour/ Wastewater Study $36,121; Haymarket Square $159,153; Hazen Creek Treatment Plant $12,578; Instrumentation $11,438; Lancaster Sewerage Treatment Plant $679,720; Local Drainage $60,990; Ludlow Street $122,711; Main Street North $133,999; Market Place $18,526; Market Square $59,270; Millidgeville Sewage Treatment Plant $5,805; Newman Street $40,210; Orange Street $2,356; Pleasant Street $28,385; Pokiok Road $87,006; Rothesay Avenue Pump Station $61,491; Sewage Lift Stations $16,326; South Bay $26,693; St. George Street $113,846; St. John Street $150,696; St. Catherine Street $43,561; Thorne Avenue $57,509; Waste Water Pump Stations $7,370; Woodville Road $144,884 -- $2,875,000 Total Water and Sewerage Utility $4,725,000 Total for all purposes $9,800,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $9,800,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that subject to paragraph 3 of this resolution, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $9,800,000 on such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipalities, Culture and Housing: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 10.25% and at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue for approval by Common Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, a purchase order be issued to The Power Commission of the City of Saint John for approximately $28,000 for costs associated with the relocation of the hydro line to allow for widening of McAllister Drive between Simonds Centennial Arena and Golden Grove Road. Question being taken, the motion was carried. 83-477 COMMON COUNCIL APRIL 13,1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $80,000 be accepted from Joseph Steele as security to ensure the rehabilitation of the gravel pit at 107 Twilight Avenue (NBGIC Number 353185). Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising Council of the services provided during the City's Spring Cleaning Program, which officially started on April 6, to remove the winter's accumulation of sand and debris from City streets -- be received and filed. Question being taken, the motion was carried. Read a report from the City Manager advising that all but one of the properties necessary to permit the construction of the new #5 Fire Station on Metcalf, Adelaide and Main Streets have now been acquired and, in order to proceed on schedule, re-zoning of the acquired properties is required; also advising that, as the property at 275-279 Adelaide Street has not yet been acquired, it is not proposed for re-zoning at this time and, if and when it is acquired, it will be subject to a separate re- zoning process; and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the City initiate the necessary application for the re-zoning of the properties shown on the submitted plan to permit the construction of the new #5 Fire Station, and that the matter 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 June 8, 1992. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to the November 4, 1991 approval of the sale of a parcel of land on Somerset Street to William P. Dowd & Sons Ltd. which was dependent on the successful re- zoning of the property and the transfer to take place within 30 days of the completion of re-zoning, the 30-day period has passed and the property has not been transferred, so Common Council approval of a new date is required. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the date for the transfer of Part "C" on Somerset Street to William P. Dowd & Sons Ltd. be changed, from within 30 days of completion of the re-zoning, to on or before June 30, 1992. Question being taken, the motion was carried. Read a report from the City Manager advising that final assessments have been received for Housing Through Infill Development projects on City Line West (application 90-3) and 381 Lancaster Street (application 91-1) and that, in each case, 83-478 COMMON COUNCIL APRIL 13,1992 the available H.I.D. funding exceeds that originally approved by Council on September 4, 1990 and September 16, 1991, respectively; and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) the level of Housing Through Infill Development funding approved on behalf of Robert MacKinnon, for his project on 275 City Line West, be increased from $9,000 to $10,080; and (2) the level of Housing Through Infill Development funding on behalf of Guiliano DeBortoli, for his project at 381 Lancaster Street, be increased from $19,500 to $24,450. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Quebecor Printing Ronald's Atlantic, in the amount of $32,367, plus taxes, be accepted for the printing of 75,000 copies of the new Saint John Visitors Guide. Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a copy of the City Manager's report, considered by Council on November 12, 1991, regarding surety for a 1991 excavation permit of Janet Debly for the gravel pit located at 873 Hillcrest Road (NBGIC Number 309906) and recommends that security in the amount of $11,500 be accepted to ensure rehabilitation of the gravel pit; advising that, while a motion to adopt the City Manager's recommendation was adopted at that meeting, the Building Inspector has indicated that the Common Council minutes inadvertently referred to the amount of $1,500 instead of $11,500; and concluding that it will therefore be necessary for Common Council to adopt a motion to correct the November 12, 1991 minutes to reflect the amount of $11,500 as security to ensure the rehabilitation of the gravel pit located at 873 Hillcrest Road (NBGIC Number 309906). On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Common Council minutes of November 12, 1991 be amended to reflect the amount of $11,500 as security to ensure the rehabilitation of the gravel pit located at 873 Hillcrest Road (NBGIC Number 309906). 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 April 6, 1992, when there were present Mayor Wayne and Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant of $4,000 be approved with regard to Saint John's Third Annual Senior Friendship Games, to be held June 27 to July 1, 1992. 83-479 COMMON COUNCIL APRIL 13,1992 2. That as recommended by the City Manager, the City acquire from Paul Martin approximately 164 acres of land within the Loch Lomond watershed in the vicinity of and partially surrounding Terreo Lake, plus a right-of-way to provide access to Damascus Road, being parts of NBGIC Numbers 197144, 30081723 and 30082085, for a price of $41,500. 3. That as recommended by the City Manager, Common Council resolution of March 9, 1992, regarding the lease of space at 49 Princess Street to the Saint John Learning Exchange, be amended as follows:- (1) the lease to be for a ten-year period commencing April 1 , 1992; (2) the rental for the period April 1 , 1992 to March 31, 1995 to be $1 per year, and the rental for the following three-year period and each succeeding three-year period to be negotiated at an amount equal to the market rent for the premises; and (3) a clause will be included permitting the Learning Exchange to terminate the lease on three months written notice; and the remaining clauses as approved by Council on March 9, 1992, will remain unchanged. 4. That up to $400,000 be provided for 1992 toward the closure of the Mill Creek portion of the landfill site, subject to the Province contributing an equal amount. April 13, 1992, 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 Rogers Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to one or more subdivision plans of the proposed Douglas Heights subdivision at 3840 Loch Lomond Road, prepared in accordance with the submitted tentative plan titled "Douglas Heights Phase 2" with respect to the proposed extension to the Morrison Road; and (2) Council authorize the preparation and execution of a City/Developer agreement. Question being taken, the motion was carried. 83-480 COMMON COUNCIL APRIL 13,1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, responding to a recommendation of the Housing Working Group adopted by Council on February 17 that a request be made to the Department for an update on the status of its program to improve the environment of its large public housing project; commenting on the progress being made in Saint John through the Community Involvement Program which was initiated in 1989 and got underway in Saint John in 1990 when a Community Involvement Coordinator was hired, with the Program, at this time, being concentrated in two geographic areas in Saint John, the first area generally referred to as Crescent Valley, and the second area known as Anglin Drive; and directing Council to her Regional Director in Saint John, Mike McMenamon, for further clarification on aspects of this information -- be received and filed and the Minister be commended on her Department's procedure. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Jay Isaac of the Earth Day Committee advising that Earth Day will take place globally this year on Wednesday, April 23, and requesting Council's moral support needed to ensure that Earth Day is a successful event and that this letter be read at a Council meeting and published in The Telegraph Journal to make the citizens of Saint John aware of this upcoming event -- be received and filed and Council endorse Earth Day. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from the Ketepec-Morna Heights Home and School Association advising that in 1991 it initially applied for funding for a new playground for Ketepec School through the Community Development Program administered by the City's Recreation Department, which has been redirected to an internal program that will upgrade existing playgrounds in the City, and that the City has allocated $2,000 in place of the $7,889.16 initially required and would like the project to extend over two years; and also advising that, as the Association wishes to complete this project by the fall of 1992, it would like to be able to tap the Land Subdivision Fund for the remaining amount of $5,889.16 -- be received and filed and the City's half of the funding be made available from the Land Subdivision Fund. Councillor Flewwelling, in proposing the motion, asked that staff of the Recreation Department make available from the envelope the City's half of the funding and, in response to Mr. Totten's query as to whether Council would be receptive to the funding being taken from the Land Subdivision Fund, the Mayor replied in the affirmative. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. Read a letter from Labatt Lite 24-Hour Relay requesting that, to reduce operating costs of the Relay, the City of Saint John absorb all or a portion of the 83-481 COMMON COUNCIL APRIL 13,1992 expenditures totalling $2,200 for the services listed; and advising that, this year, the proceeds of the Relay are to provide ten additional high tech dialysis machines for the dialysis unit at the Saint John Regional Hospital. A motion was proposed by Councillor Coughlan, and seconded by Councillor Flewwelling, to refer the above matter to the City Manager. Councillor Fitzpatrick questioned how the City assisted the above group in 1991 to which Mr. Brown replied that the City costed out the services, and Councillor Rogers proposed that the services indicated in the group's letter be given, whereupon Councillor Flewwelling withdrew as seconder of the initial motion. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the following services, totalling $2,200, be provided to the 1992 Labatt Lite 24-Hour Relay:- sweeper for parking lot - $1,200; garbage removal - $750; towing (3 trailers) - $150; and rental of a 5-ton truck - $100, subject to the City Manager verifying the estimated costs. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from Beta Sigma Phi, Delta Chapter 2502, urging Council to support the Marco Polo Project -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the application of Wayne D. Hamilton for the re-zoning of property at 586 Churchland Road be referred to the Planning Advisory Committee for a report and recommendation and that the required advertising be authorized in this regard, with the public hearing to be held on June 8, 1992. Question being taken, the motion was carried. Read a letter from the City Manager referring to Council's request that a presentation be carried out by the Fire Department to provide Council and the public with a better understanding of the operations of the Department, including the important issue of public safety to the City of Saint John; and submitting information which provides the basis for the presentation, including the structure, organization and basic operational components of the Fire Department, together with the additional details to be provided in the presentation. Through a slide presentation, and reading from the previously-submitted information, Chief R. McDevitt, Deputy Chief G. Tait, Deputy Chief R. Johnston, District Chief 1. White, and Systems Analyst G. Buchanan addressed Council concerning the programs which make up the 1992 Operating Budget of the Department in the amount of $13,030,142; the primary, short and long term goals and the organizational structure; operations, including personnel, districts, number of stations and fire companies, response, mutual aid, fire protection to Point Lepreau Generating Plant and Salvage Corps; training; fire prevention and investigation, including plan review, public fire prevention education, and investigation; and emergency services dispatching and records management. Chief McDevitt read the summary and conclusion (copies of which were distributed to Council members in Committee of the Whole earlier this date). The Mayor thanked the members of the Fire Department for their 83-482 COMMON COUNCIL APRIL 13,1992 presentation, and Chief McDevitt, in response to the Mayor's query as to whether or not he is satisfied with the level of fire protection service in the City, indicated in the affirmative. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk