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1992-05-19_Minutes 83-535 COMMON COUNCIL MAY 19,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the nineteenth day of May, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. 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; 1. Totten, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; B. Steeves, Deputy Building Inspector; E. Farren, Intergovernmental Affairs Officer; J. Mcintyre, Manager of Staffing and Development; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. A minute of silence was observed for the miners who lost their lives in the Westray Mine disaster in Plymouth, Pictou County, Nova Scotia. The Mayor commended workers at the Saint John Shipyard who donated an amount of $16,000 to the bereaved families of the Westray mining accident; and, in making the observation that special memorial services are being held on this date, read a letter facsimiled to Mayor Porter of Stellarton, Nova Scotia, conveying, on behalf of Common Council and the citizens of Saint John, sympathy to the families of the 26 coal miners from the Westray Coal Mine who lost their lives in the tragedy, and to all the people of Pictou County, Nova Scotia. The Mayor asked Council's consideration at this time of section 1 of the May 4 Committee of the Whole report to Council, being a recommendation on the appointment of Honourary Charter Officials. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the following persons nominated by the Loyalist Day (May 18th) Committee be appointed as Honourary Charter Officials for a one-year term as of May 18, 1992, and be recognized for their contribution to the welfare or betterment of their fellow citizens:- Bell Ringer Ruby Cusack Keeper of an Alms House Sister Helen O'Neil Pilot Mark Lackie Port Master Dr. Arthur E. Chesley Surveyor of Bread Helen Anderson Surveyor of the Highway Len Lawson Warden of the Port Peter Murphy Question being taken, the motion was carried. The Mayor noted the accomplishments for which the Committee recommended the appointees and, having congratulated the Honourary Charter Officials on their appointment, accompanied by Councillor Flewwelling, presented Certificates to the Honourary Charter Officials. During the presentation of Certificates, Dr. Chesley circulated to the Council members a 1933 edition of the Port Journal. 83-536 COMMON COUNCIL MAY 19,1992 The Mayor commented on the tree-planting ceremonies planned for Arbor Day on May 21. On motion of Councillor A Vincent Seconded by Councillor Rogers RESOLVED that May 21,1992 be proclaimed Arbor Day in the City of Saint John. Question being taken, the motion was carried. Councillor Landers displayed a New Brunswick Safety Council Inc. poster depicting children in the path of an oncoming train on a railway trestle as a reminder of accidents in Saint John in relation to trains, whereupon the Mayor suggested that the City could display the posters in the elevator areas of City Hall. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on May 4, 1992, be approved. Question being taken, the motion was carried. Rolf Spangenberg and Marlene Vaughan, Co-Chairpersons of the Saint John Participaction Challenge Committee '92, addressed Council on the activities planned for the forthcoming 1992 Participaction Challenge, being the 10th anniversary of the Participaction Canada event, scheduled for May 20 to 27. Expressions of appreciation and future best wishes were extended to Councillors Davis, Fitzpatrick and Flewwelling for their service to the City of Saint John. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), and known at one time as the 1880 Club, from High Density Residential to District Centre Commercial classification, to permit the re- zoning of the property to a "B-2" General Business zone and the re-zoning of the existing building as a combination of a restaurant, convention facility, inn, or offices, as requested by Rod Crowther / RE/MAX Professionals (1989) Ltd. The Mayor asked that her letter concerning a request to use the Lily Lake Pavilion be tabled pending consideration of a May 4 Committee of the Whole recommendation (which is on the agenda of this meeting) with respect to a policy on grants in lieu of the Lily Lake Pavilion rental fee and a response to three recent requests. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from Janet N. Holt, C.U.P.E. Local 61 , 1992 United Way Campaign Chair, advising that on September 19 the unions within the City are holding a labour parade, followed by a children's party and a dance at the Lily Lake Pavilion, with all of the money raised after expenses to be given to this year's United Way Campaign; and requesting that Council donate the Pavilion (without charge) for that day -- be laid on the table pending consideration of a May 4 Committee of the Whole recommendation later in this meeting. Question being taken, the tabling motion was carried with Councillor A Vincent voting "nay". 83-537 COMMON COUNCIL MAY 19,1992 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Sheldon Lee, Provincial Minister of Transportation, confirming that, under the 1992 program for Provincially-designated highways in municipalities, his Department is prepared to assist the City in the estimated amount of $300,000 toward the reconstruction of Station Street between the Viaduct and Garden Street, as well as in the estimated amount of $300,000 for upgrading and/or asphalt resurfacing of various Provincially-designated highways -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention that fishermen in the Harbour are still having problems with docking facilities, and asking that a full report be requested from the Port Authority Commission on where the fishermen can dock, what facilities are available to them, and what changes are taking place -- be referred for a report from the Harbour Development Commission. Question being taken, the motion was carried. The Mayor asked that her letter concerning the cost per hour for ice time for the Figure Skating Club be tabled for two weeks based on her understanding from the City Manager and Mr. Goss that there is to be a meeting to discuss this matter. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention that the cost per hour for the Figure Skating Club has increased to $93 and, as the Kennebecasis Valley Rink is allowing its skating group to use its rink at $35 per hour, a number of the young people who normally joined the City Club are now signing up at the KV arena which has cost the City Club $2,000; also advising that she has been informed that the rink has cut the ice time for the Figure Skating Club for this winter which would make it almost impossible for it to excel with the required practice time; and asking that this matter be looked into immediately to resolve the problems that have been created -- be laid on the table for two weeks. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". Read a letter from Mayor Wayne thanking Councillor Landers for being her designate on the Saint John Board of Police Commissioners for the past three years; and informing Council that, as Mayor, she will be assuming membership on the Board, commencing the first meeting in June. Councillor Coughlan stated his regret that the Mayor would make a decision to sit on the Police Commission prior to determining what expertise the new Council members might be able to offer as the Mayor's designate on the Board. Councillor Landers, in stating her understanding of the Mayor's right to appoint herself or any other Council designate to the Board, made the observation that, while the Mayor approached her to ask her to sit on the Commission, she did not have the courtesy to ask her to leave it; and expressed the opinion that dealing with fellow Council members in this way is inappropriate. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling 83-538 COMMON COUNCIL MAY 19,1992 RESOLVED that the above letter from the Mayor be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne proposing that Council adopt a schedule of bi-weekly meetings for June, July and August, as indicated on the submitted schedule, with the first meeting in the month of September to be held on Tuesday, September 8 at 4:00 o'clock p.m., and meetings thereafter to revert to the normal schedule of alternate 7:00 o'clock p.m. and 4:00 o'clock p.m. meetings -- be laid on the table for consideration by the incoming Council. Question being taken, the tabling motion was carried. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor A Vincent advising that, during election day, he received several complaints from the residents of Forest Hills about garbage collection because, when a holiday falls on a Monday, the residents' garbage is picked up on Tuesday; and recommending that the possibility of rotating garbage collection days, as is done in other municipalities, be looked into -- be received and filed and the previous report from the City Manager be resubmitted to Council at the next meeting. During discussion Mr. Robichaud, in noting that the previous report to Council regarding the above matter could be resubmitted, explained that rotating garbage collection is much more expensive, as well as confusing to the public to change collection days. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0827ET, Miscellaneous Renovations, 7th Floor, City Hall Erb's Enterprises Ltd. Original contract amount Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated April 1, 1992 $80,500.00 95,176.09 Nil 68,425.00 $26,751.09 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-9, Sewage Pump Station, Mechanical and Electrical Security Mechanical Ltd. Original estimated value of contract Total work done, Estimate Number 4 $124,809.27 115,528.31 83-539 COMMON COUNCIL MAY 19,1992 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated May 5, 1992 Final holdback release Nil 99,147.40 16,380.91 1,071.65 $ 16,380.91 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0853-T, Exhaust System, East Works Facility W.J. Beairsto Co. Ltd. Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated May 13, 1992 Holdback release $27,700.00 27,700.00 Nil 21,606.00 $ 6,094.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction certificate, namely:- 1. Contract 92-0806A T, Electrical Renovations, Old Provincial BuildinQ Golden Torch Electrical Contractors Ltd. Original contract amount Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated May 13, 1992 $31,581.05 31,782.05 Nil 25,500.00 $ 6,282.05 Question being taken, the motion was carried. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 92-1, concrete curb and sidewalk construction, be awarded to the low tenderer, QM Construction Ltd., at the tendered price of $1,541,870.50, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the contract for providing janitorial services to the Municipal 83-540 COMMON COUNCIL MAY 19,1992 Operations Complex on Rothesay Avenue for a period of two years be awarded to Adora Cleaning Ltd., at a cost of $23,400 per year, including taxes. Question being taken, the motion was carried with Councillor A Vincent voting "nay". (The Mayor withdrew from the meeting due to a possible conflict of interest whereupon Deputy Mayor Gould assumed the chair.) On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for the supply of tires and tubes on an as-required basis for a one-year period be awarded in accordance with the recommendations contained in the submitted bid summaries. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) Read a report from the City Manager advising that, further to Common Council resolution of December 16, 1991 approving a grant of $2,500 to offset the cost of the use of the Golf Course for one day for READ Saint John's Peter Gzowski Invitational Golf Tournament, the tournament will now be held in Fredericton, not in Saint John. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of December 16, 1991, which approved the granting of $2,500 to READ Saint John to host a golf tournament at the Rockwood Park Municipal Golf Course on June 12, 1992, be rescinded. As to the reason for the change in location, Mr. Morrison advised that, for some reason, it was decided that the tournament should be held again in Fredericton this year, with Saint John to reapply next year. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that, further to the letters considered recently by Council concerning residential parking permits and the towing of vehicles, a report is being completed that takes into consideration the Residential Parking Permit, the Spring Street Cleaning and the Winter Street Cleaning Programs, Section 196(1) of the Motor Vehicle Act, the process of towing vehicles, and the public relations process as it relates to the Programs and the towing of vehicles, and it is staff's intention to write to C. R. Waldschutz, Jason Wheaton, Shelly Whitters and Bliss Hanson to indicate that the matter is being evaluated and a report is being prepared for Council -- be received and filed. Question being taken, the motion was carried. Read a report from the City Manager referring to the City's lease with Saint John Mercantile Centre Ltd. for a portion of the lands required for the development of the Mercantile Centre, as well as to the pedway agreement respecting the construction and maintenance of the pedway system between the Aquatic Centre and the Saint John Regional Exhibition Centre; and advising that Saint John Mercantile Centre Ltd., as it is selling its interest in the Mercantile Centre project to Ellis - Don (Atlantic) Ltd., is requesting the City's consent to this sale, and that the closing of the transaction is scheduled for May 21 and the requested consent does not affect the City's position under either the lease or the pedway agreement. 83-541 COMMON COUNCIL MAY 19,1992 On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the City consent to the sale of Saint John Mercantile Centre Ltd.'s interest in the Mercantile Centre project to Ellis - Don (Atlantic) Ltd., and the Mayor and Common Clerk be authorized to execute all necessary documents pertaining to this sale on behalf of the City. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that the May 4 request to Council in Richard Steeves' letter for the initiation of a medallion system and a freeze on new taxi cabs in the City is somewhat similar to that made by Peter Mcintyre, President of the Taxi Association, on November 13, 1990, and that the City Solicitor's subsequent report to Council indicated that there is no authority for Council, under the present legislation, to limit the number of taxi cabs; and also advising staff's intent to arrange a meeting with Mr. Steeves representing the private owners and Mr. Mcintyre representing the Association, and to meet with the City Solicitor to examine in more detail whether changes can be made to the legislation to accommodate the taxi industry's request -- be received and filed and staff continue to research this matter and report back to Council. Question being taken, the motion was carried. Consideration was given to a report from the City Manager providing information on Speak Easy Inc.'s May 4 request for reconsideration of its grant request, and recommending that, as staff has no further information which would support the City's commitment to expenditures of this type, the request be denied; and also recommending adoption of the submitted proposed policy statement in order for the City to deal with an increasing number of such requests. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) the request of Speak Easy Inc. for a grant for one person to travel to San Francisco to make a bid to host a conference in Saint John be denied; and (2) Council approve the submitted policy dealing with requests from individuals and organizations seeking financial assistance towards costs incurred in attempting to secure conventions for the community. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, while the lowest bid received for the supply of various articles of uniform clothing for the firefighters is being recommended for 9 of the 18 items, the lowest bidder does not meet specifications or has not provided samples for comparative purposes and has therefore not been considered for award on the balance of the items; also advising that the total value of the contract, based on estimated quantities, is $67,941.75 plus G.S.T.; and recommending award of tender as indicated in the submitted bid summary. Councillor Flewwelling proposed a motion, which was seconded by Councillor A Vincent, to award the above tender to the low tenderer; such motion withdrawn with the consent of the mover and seconder following Mr. Hanlon's explanation that the low bidder does not meet the specifications on items 3 and 4 as the product offered was not a leno-weave shirt as specified. 83-542 COMMON COUNCIL MAY 19,1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for the supply of various articles of uniform clothing for the fire fighters be awarded as indicated in the submitted bid summary. 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 Anderson Insurance Ltd., at a total cost of $265,279.76, be accepted for providing paid-up life insurance policies for retired employees of various employee groups. Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor advising that the Provincial representatives have informed him that the legislation approved by Council on May 4 for the creation of a legal body to operate the Saint John Regional Exhibition Centre, on behalf of the City, cannot be obtained during this spring sitting of the Legislature; and proposing that, in the meantime until legislation is obtained in the fall 1992 or spring 1993 sitting, the City can function effectively through the existing Committee, which was created by Council, and that the new General Manager can be engaged by the City under an appropriate agreement in which the individual would be an agent of the City. The report also advises that an arrangement of this kind was done previously by the City for the Saint John Port Commission when it was necessary for the Commission to have support staff in the Toronto area; and concludes that, until the necessary legislation is obtained, additional support staff can be engaged through the terms of reference of The Market Square Corporation. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above report from the City Solicitor be received and filed and the City Solicitor be requested to pursue private legislation at the earliest opportunity through the Provincial Legislature. Councillor Landers suggested that it might be possible to have further discussion with the outlying municipalities in the interim. Question being taken, the motion was carried with Councillors Landers and A Vincent voting "nay". Read a report from the City Solicitor advising that, according to personnel from the Parks Department, the Fish & Game Association did not vacate the premises at Lily Lake Pavilion as required by the Notice to Quit, and remains in possession of the premises; and that, in the event it is the wish of Council to take all steps necessary to obtain vacant possession of the occupied premises, adoption of the submitted resolution would be appropriate; and concluding that, should the Association choose not to comply with such Notice to Vacate and deliver possession of the occupied premises, the necessary action will be commenced through proceedings in the Court of Queen's Bench as hereinbefore authorized. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the City of Saint John give notice to the New Brunswick Fish & Game Protective Association (Saint John Branch) Inc. (Fish & Game Association) to vacate and deliver possession of the premises occupied by the said Association in the Lily Lake Pavilion; and that the Mayor 83-543 COMMON COUNCIL MAY 19,1992 and Common Clerk execute such Notice, and the City Solicitor or his designate be authorized to initiate and pursue appropriate proceedings in the Court of Queen's Bench to obtain vacant possession of premises now occupied by the Fish & Game Association, in the event that the Fish & Game Association does not vacate the occupied premises upon receipt of the said Notice. Question being taken, the motion was carried with Councillor A Vincent voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of 037042 N.B. Inc., concerning property at 665 Loch Lomond Road, have been completed and that the required waiting period expired on May 13, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of 037042 N.B. Inc. for a Municipal Plan amendment and re-zoning of 665 Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on June 22, 1992. Question being taken, the motion was carried. The Mayor noted that Council dealt with section 1 of the May 4 Committee of the Whole report earlier in this meeting. 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 May 4, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 2. That as recommended by the City Manager, Common Council authorize a settlement of $52,500 plus appraisal and legal costs of $5,000 for the following properties on Metcalf Street and Adelaide Street, required for construction of the new #5 Fire Station: (1) NBGIC Numbers 374892 and 378968 owned by Raymond Debly; and (2) NBGIC Numbers 374884 and 55012991 owned by Janet Debly. 3. That as recommended by the City Manager, the firm of Comeau MacKenzie Architecture be engaged to provide the necessary consulting services relative to the design and construction of the pedestrian link between the Mercantile Centre and the Saint John Regional Exhibition Centre, at an estimated fee of $95,490 (excluding GST). 4. That Common Council adopt as policy that grants in lieu of the Lily Lake Pavilion rental fee will no longer be given; and further that the Common Clerk advise the Sea Belles Ladies Barbershop Chorus, The Rippin' Regionals Relay Team, and Belfast Children's Vacation - Saint John Inc., accordingly, in response to their recent requests to Council. Tuesday, May 19, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 83-544 COMMON COUNCIL MAY 19,1992 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling, Gould and A Vincent voting "nay". Consideration was given to section 4 of the above report and the request submitted by the Mayor from Janet N. Holt, C.U.P.E. Local 61 , 1992 United Way Campaign Chair, for the donation of the Lily Lake Pavilion on September 19 for a United Way Campaign fund-raising event. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. The Mayor suggested that a grant of $100 could be given to the United Way Agency to cover the cost for the use of the Pavilion with the Agency, in turn, to return the $100 for the cost of the building whereupon Mr. Brown made the observation that the proposed approach envisages Council not continuing with grants of this nature. Councillor M. Vincent expressed the opinion that it might be the improper course of action to restrict Council by this policy decision at a time when large sums of money are appropriated for work to that area which will result in a new facility and with the legal course of action being taken with the Fish & Game Association, and that Council, by adopting the policy, could be refusing requests of some recognized and worthwhile organizations; and advised his intention to oppose the motion on the basis that Council should deal with each request on an individual basis. The Mayor advised that she would not be opposed to Council tabling the matter for another week so that each request could be assessed with an individual recommendation to Council. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for a further report. Question being taken, the tabling motion was carried with Councillor Coughlan voting "nay". On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Arbor Day Committee requesting that, to celebrate Arbor Day 1992 on May 21, the Mayor and Council members join in a tree-planting ceremony at Queen Square West -- be received and filed. Question being taken, the motion was carried. 83-545 COMMON COUNCIL MAY 19,1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Hestia House Inc. for an amendment to the Section 39 re-zoning of 125 Douglas Avenue 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 July 6, 1992. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Lois Johnson of 2375 Ocean Westway concerning gravel trucks in the area which she takes as an indication that Council will be promoting development in the City at any cost of human amenities, and asking (1) if the City will pay for any damage to the septic systems or foundations as a result of the shaking caused by the trucks; (2) if the City is prepared to accept liability if there is any loss of life or other human injury caused by falling rocks, etc., from the passing trucks; and (3) if the City is prepared to pay for any environmental damage to the water supply at Spruce Lake -- be referred to the City Manager and the City Solicitor. Mr. Rodgers explained that there are no remedies available, like arresting or an injunction, with respect to the above matter; however, staff is reviewing the reports, evidence and complaints, and treating the situation no different from others, to see if there is sufficient evidence from the point of view of laying charges, which will be determined quite soon. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Muriel Rogers of 98 Glen Road advising that she was informed by Mr. Johnson that she would have to get permission from Common Council to put fill in her yard, and asking permission to do so -- be received and filed and Muriel Rogers be allowed to put fill in her yard, with the City of Saint John to accept $2.08 plus G.ST in lieu of the compensating flood storage as provided for by Section 41.2.(6) of the Community Planning Act. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Freda Snowden of Sussex Corner submitting a copy of a parking ticket she received while in the City of Saint John; explaining the reason for being in the City, and expressing concern that the parking meters do not take extra money to provide for being late -- be referred to the City Manager to consider making available parking for the disabled on King Street. (Councillor Landers withdrew from the meeting.) Question being taken, the motion was carried. 83-546 COMMON COUNCIL MAY 19,1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of St. Rose Parish Community Housing Inc. for the re-zoning of property on Dever Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 6, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of G. R. Morey for the re-zoning of property at 62 Cedar Grove Crescent 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 22, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of William Vaughan for beverage room and entertainment (with exotic entertainment) licenses, with respect to premises at 75 King Street, will be held on May 21 -- be received and filed. (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and A Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mary J. Clark advising that she represents a group of West Saint John citizens called "The Friends of Fairville Station - 1992", which was formed by concerned members of the community to preserve the century-old structure; and requesting the lot of land, which is part of a right-of-way adjacent to the travelled part of Raynes Avenue, on which to relocate the Station, as it has to be moved out of the Canadian Atlantic Railway yard to be preserved -- be referred to the City Manager for immediate consultation and a report to Council. Question being taken, the motion was carried. Mrs. Munford advised that, since receipt of the application of Diamond Taxi (Saint John) 1982 Ltd. for the re-zoning of property at 183 Carmarthen Street, it has been learned that a Municipal Plan amendment is also required; therefore Council's referral for advertising for a Municipal Plan amendment would be in order. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Diamond Taxi (Saint John) 1982 Ltd. for a Municipal Plan amendment with respect to property at 183 Carmarthen Street be referred for advertising of a public presentation. Councillor Fitzpatrick expressed the opinion that, as the above application indicates that the proposal is to demolish or renovate the existing building, 83-547 COMMON COUNCIL MAY 19,1992 Council should not deal with this matter until the owner decides whether or not he is going to demolish the building, on the basis of his understanding that a re-zoning would not be necessary if the building was to be renovated. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Saint John Medical Clinic Inc. for a Section 39 amendment with regard to the re-zoning of 295 Metcalf Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 6, 1992. Question being taken, the motion was carried. The Mayor advised that she was sorry to learn that Mr. Fred Haycox is in ill health and will be unable to participate in the swearing-in ceremony of Common Council on May 25, and made the observation that Mr. Haycox not only served for the City for over 45 years as Executive Assistant to the City Manager but, on his retirement, continued to serve as Sergeant-at-Mace and that, in this capacity, he officiated at the swearing-in ceremonies of Common Council since 1967. The Mayor expressed appreciation, on behalf of Council, to Mr. Haycox for his dedication to the City, and extended best wishes for his improved health; and also advised that Mr. Kenneth Galbraith will assist as Sergeant-at-Mace at the swearing-in ceremonies. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk