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1992-06-22_Minutes 83-591 COMMON COUNCIL JUNE 22, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of June, A.D. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites 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. Bedford, Commissioner of Development Services; 1. Totten, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; M. Jamer, Director of Works; R. Pollock, Planner; M. Hanlon, Purchasing Agent; P. Hanlon, Operations Engineer; D. Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Cowan, Senior Pastor of Main Street Baptist Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meetings of Common Council, held on June 8 and June 10, 1992, be approved. Deputy Mayor McAlary noted that the June 8 Council minutes do not reflect that she is an alternate member on Fundy SWAT, and the Mayor asked that this be noted. Question being taken, the motion was carried. The Mayor, in expressing the understanding that a delegation of Red Head residents was in attendance at the meeting, advised that, while the concern of the Red Head residents about a sewage problem is not on the agenda of this meeting, staff will be submitting a report to Council at its next meeting. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be the subject of a presentation to Council at its next meeting. Question being taken, the motion was carried. (Councillor Trites entered the meeting.) The Mayor proclaimed June 21 to 27 to be Amateur Radio Week in the City of Saint John in recognition of the many years of public service to the City by Loyalist City Amateur Radio Club; and commented on John Lanteigne's fund-raising efforts on behalf of The Romero House Soup Kitchen through monetary pledges for cycling around the Province of New Brunswick. The Mayor expressed appreciation to Mr. Maurice Hanlon, who, having served as Purchasing Agent for the City for many years, will be retiring on June 26, and extended best wishes to him on his retirement, and a round of applause was extended to Mr. Hanlon in appreciation of his service. 83-592 COMMON COUNCIL JUNE 22, 1992 Deputy Mayor McAlary recognized in the Council Chamber the presence of Kerr Williamson and Greg Matheson of the Rothesay Region Scout Troop who, having expressed appreciation for the donation toward the Troop's trip to an International Camporee in Connecticut to represent Canada and explained that one of the Troop's activities will be make overseas scouts Honourary Canadians for the event, presented to the Mayor the first Honourary Canadian certificate and invited her to sign the guest book. Mr. Gerry Hudson, Chairman of the Loyalist Senior Friendship Games Committee, addressed Council concerning the Games and the activities scheduled for the Saturday, June 27 through July 1 period; and members of the Committee presented Council members with Loyalist Senior Friendship Games caps. Activities scheduled for the City in celebration of Canada's 125th birthday on July 1 were the subject of comments by Councillor Landers, the Mayor and Mr. Hudson. The Common Clerk advised that the necessary advertising was completed with respect to (1) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, (a) those portions of a parcel of land located at 665 Loch Lomond Road (NBGIC Number 312801 - formerly 312801 and 555043194), that are presently not designated Light Industrial, from Low Density Residential to Light Industrial classification, and (b) the remaining portions of the same parcel that are presently not designated Low Density Residential, from Light Industrial to Low Density Residential classification; and (2) the proposed re-zoning of (a) those portions of a parcel of land located at 665 Loch Lomond Road (NBGIC Number 312801 - formerly 312801 and 55043194) that are presently not zoned "1-1" Light Industrial, from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, and (b) the remaining portions of the same parcel that are presently not zoned "R-2" One- and Two-Family Residential, from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification, to permit the existing industrial building to be fully located within the industrial zone and the house to be fully located within the residential zone, as requested by 037042 N.B. Inc., and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendments. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its June 16 meeting at which the applicant agreed to the recommended conditions for the proposed "1-1" Light Industrial zoning, and no one spoke in opposition; and recommending that the application be approved. 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 redesignating on Schedule 2-A, those portions of a parcel of land located at 665 Loch Lomond Road (NBGIC Number 312801 - formerly 312801 and 55043194) that are presently not designated Light Industrial, from Low Density Residential to Light Industrial classification, and the remaining portions of the same parcel that are presently not designated Low Density Residential, from Light Industrial to Low Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, those portions of a parcel of land located at 665 Loch Lomond Road (NBGIC Number 312801 83-593 COMMON COUNCIL JUNE 22, 1992 - formerly 312801 and 55043194) that are presently not designated Light Industrial, from Low Density Residential to Light Industrial classification, and the remaining portions of the same parcel that are presently not designated Low Density Residential, from Light Industrial to Low Density Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning those portions of a parcel of land located at 665 Loch Lomond Road (NBGIC Number 312801 - formerly 312801 and 55043194) that are presently not zoned "1-1" Light Industrial, from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, and the remaining portions of the same parcel that are presently not zoned "R-2" One- and Two-Family Residential, from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning those portions of a parcel of land located at 665 Loch Lomond Road (NBGIC Number 312801 - formerly 312801 and 55043194) that are presently not zoned "1-1" Light Industrial, from "R-2" One- and Two-Family Residential to "1-1" Light Industrial classification, and the remaining portions of the same parcel that are presently not zoned "R-2" One- and Two-Family Residential, from "1-1" Light Industrial to "R-2" One- and Two-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report 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 Zoning By-Law text amendment to (a) renumber the existing Section 620(2)(b) to become 620(2)(b)(i); and (b) add a new subsection Section 620(2)(b)(ii) to read: "(ii) notwithstanding subsection (b)(i), an office or parking area for a taxi business may be permitted at 860 Dever Road (NBGIC # 55002968).", as requested by Gerry Holden and B. Lynn McDonald, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendment. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its June 16 meeting at which the applicant, B. Lynn McDonald, was present; and recommending that an amendment to the Zoning By-Law be approved by: 83-594 COMMON COUNCIL JUNE 22, 1992 (a) renumbering the existing Section 620(2)(b) to become 620(2)(b)(i); and (b) adding a new subsection Section 620(2)(b)(ii) to read: "(ii) notwithstanding subsection (b)(i), an office or parking area for a taxi business may be permitted at 860 Dever Road (NBGIC # 55002968).". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (a) renumbering the existing Section 620(2)(b) to become 620(2)(b)(i); and (b) adding a new subsection 620(2)(b)(ii) to read: "(ii) notwithstanding subsection (b)(i), an office or parking area for a taxi business may be permitted at 860 Dever Road (NBGIC # 55002968).", be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. 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 (a) renumbering the existing Section 620(2)(b) to become 620(2)(b)(i); and (b) adding a new subsection 620(2)(b)(ii) to read: "(ii) notwithstanding subsection (b)(i), an office or parking area for a taxi business may be permitted at 860 Dever Road (NBGIC # 55002968).", be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report 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 153-157 Metcalf Street (part of NBGIC Numbers 376590 and 379438), having a frontage of approximately 52 feet on Metcalf Street and a frontage of approximately 66 feet on Durham Street, from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, to permit the relocation of the convenience store and laundromat now located at 279 Main Street to the ground floor of the existing building at 153-157 Metcalf Street, as requested by Mr. Wayne Polley, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in opposition to the proposal, which were considered by the Committee at its June 2 meeting at which time a variance was also considered to permit the development with a minimum of two off-street parking spaces whereas the Zoning By-Law requires the provision of a minimum of nine off-street parking spaces, and the owner of a neighbouring property on Victoria Street attended and requested that a fence be erected and maintained on the property to prevent through traffic across the subject site as well as across neighbouring properties, including his own, and the Committee tabled the application because the applicant was not in attendance; also advising that the Committee again considered the matter at its June 16 meeting at which both the applicant and the neighbouring property owner were present, the former expressing no objection to the construction of a fence as a condition of the variance for parking as recommended in the revised recommendation to the Committee, and the latter asking 83-595 COMMON COUNCIL JUNE 22, 1992 that the type and location of the fence be specified by the Committee in its decision, and both parties agreed that a 6-foot high chain link fence would be required along the property line; and submitting a recommendation in this regard. Mr. Pat Buckley of Saint John appeared in opposition to the proposed re- zoning; explained that he does not object to the proposal in that his efforts at the two Planning Advisory Committee meetings resulted in a fence being erected; and asked what recourse he would have in the event the fence is not be maintained in that it could be brought down by children or vehicles, and if there is some way he can have this assurance in place. Mr. Bedford explained that, if Council approves the re-zoning, the approval of the variance is conditional upon a fence being erected and maintained on the site, and that the Building Inspector is now implementing a program to enforce conditions much more stringently and it is envisaged that this matter will be part of his normal work program. Mr. David O'Brien, appeared on behalf of the applicant, Mr. Wayne Polley, and explained that Mr. Polley is merely trying to relocate a present operation from Main Street to Metcalf Street, and that the building in question is one in which his parents operated a store for 30 some years and actually closed it down to further Mr. Polley's business. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 153-157 Metcalf Street (part of NBGIC Numbers 376590 and 379438), having a frontage of approximately 52 feet on Metcalf Street and a frontage of approximately 66 feet on Durham Street, from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor McAlary 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 153-157 Metcalf Street (part of NBGIC Numbers 376590 and 379438), having a frontage of approximately 52 feet on Metcalf Street and a frontage of approximately 66 feet on Durham Street, from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report 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 7+ acre parcel of land located at 1619 Old Black River Road (NBGIC Number 337568), from "RF" Rural to "RFM" Rural Mobile Home classification, to permit the placement of a mobile home, as requested by 83-596 COMMON COUNCIL JUNE 22, 1992 Lagace Trucking Co. Ltd., and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed re-zoning. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at June 2 meeting at which no letters of objection were received and no objections were made to the Committee and the applicant had no problems with the report; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a 7+ acre portion of a parcel of land located at 1619 Old Black River Road (NBGIC Number 337568), from "RF" Rural to "RFM" Rural Mobile Home classification. 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 7+ acre portion of a parcel of land located at 1619 Old Black River Road (NBGIC Number 337568), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a first time. In response to Council queries, Mr. Bedford advised that the Department of Health's ongoing review will ensure that all of the requirements relevant to the sewage disposal system are met; and, with regard to whether or not re-zoning the total approximate 7 acres could mean that the subject property could become a mobile home park, explained that the reason for the re-zoning of 7 acres is that the location of the existing site is, in fact, some distance from the front of the property; therefore, to include the existing mobile home, the re-zoning has to extend to the rear of the property, and also that the "RFM" zone proposed does not permit, as a right, a mobile home park, and at the present time the only use permitted on this site would be the one mobile home. 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 McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 7+ acre portion of a parcel of land located at 1619 Old Black River Road (NBGIC Number 337568), from "RF" Rural to "RFM" Rural Mobile Home classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the above report 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 respect to the proposed re-zoning of a parcel of land at 60-62 Cedar Grove Crescent (NBGIC Number 27391), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, to permit the continuing use of the property as a semi-detached dwelling, as requested by G. R. Morey, and that no written objections were received in this regard. No person was present to speak in opposition 83-597 COMMON COUNCIL JUNE 22, 1992 to or in favour of the proposed re-zoning. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its June 16 meeting at which the applicant expressed agreement with the recommendation in the submitted report and no other persons attended, nor were any letters received; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land at 60-62 Cedar Grove Crescent (NBGIC Number 27391), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 60-62 Cedar Grove Crescent (NBGIC Number 27391), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 60-62 Cedar Grove Crescent (NBGIC Number 27391), from "R-1 B" One-Family Residential to "R-2" One- and Two-Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the above report 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 parcel of land at 2 Pokiok Road (NBGIC Number 40287), containing approximately 7.2 acres and fronting on Pokiok Road and Bridge Street, from Open Space to Light Industrial classification, to permit the development of a fixed wharf on the St. John River and a small office for a marine contracting company, as requested by Northern Marine Services Ltd. On motion of Councillor A. Vincent Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne asking staff and the City Manager to find out about town criers in other cities relating to the type of remuneration they receive, benefits, etc., and what steps should be taken to have a town crier in place in the City of Saint John before the end of the summer for the Canada 125 celebrations -- be referred to the City Manager for review. Question being taken, the motion was carried. 83-598 COMMON COUNCIL JUNE 22, 1992 On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honourable Russell King, Minister of Health and Community Services, regarding a request for financial assistance for the purchase of a new ambulance for the Saint John Regional Hospital Ambulance Service; offering a grant not to exceed the lesser of 50% of the net purchase cost of a new vehicle, or $17,000 to be calculated by subtracting the proceeds from the sale of the ambulance being replaced from the total purchase cost, such grant subject to the conditions stated; and asking that, if the offer is accepted, the submitted letter be signed and returned to the Director of Ambulance Services, with payment of the grant to be made when it is confirmed that the grant conditions are met and when the noted documents are received -- be received and authority be given for the Mayor to sign the submitted letter in this regard. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the recommendations of the City Manager, which were considered in Committee of the Whole earlier this date, concerning the Golden Gloves Boxing Club, and the lease of space at 114 Prince William Street, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the Golden Gloves Boxing Club be permitted to charge admission to the boxing matches to be held on the Boardwalk at Market Square on July 1, 1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the lease now held by Reynold MacKenzie for the space at 114 Prince William Street be assigned to the new owner of the business, Shelley Chase, subject to the rent for June being paid. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0827T, Miscellaneous Renovations, Fire Station #6, Phase 1 R. A. Woods Construction Ltd. Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated June 17, 1992 $35,950.00 35,950.00 Nil 29,622.80 $ 6,327.20 83-599 COMMON COUNCIL JUNE 22, 1992 The Mayor suggested that, in order to streamline Council agendas, staff should be able to process such payments, unless there is a ten per cent or more overexpenditure which staff would have to explain to Council; and, in response to Councillor Coughlan's query as to the status of an anticipated report of the agenda review committee, Mr. Brown advised that Council could expect a report at its next Committee of the Whole meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Autotec Inc. be accepted for supplying the City's battery requirements from July 1, 1992 until June 30, 1993, at the following prices: item 1 @ $49.95 each; item 2 @ $49.95 each; item 3 @ $66.95 each; item 4 @ $105 each; item 5 @ $45 each; item 6 @ $72.95 each; and item 7 @ $26.50 each, as indicated in the submitted bid summary; and that staff be authorized to spend up to $15,521.65 plus taxes for these items. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Choice Drywall Ltd., in the amount of $38,370, including taxes, be accepted for carrying out renovations at No. 1 and No.4 Fire Stations. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, (1) contract 92-9, Rockwood Park - construction of the Loop Road, be awarded to the low bidder, F. Andrew Simpson Contracting Ltd., at the tendered amount of $379,012.65; (2) the existing contract with ADI Limited be extended to include construction supervision and inspection at an amount not to exceed $29,500 ($31,565 including GST); and (3) the Mayor and Common Clerk be authorized to execute the necessary contract documents. In response to Councillor Trites, Mr. Robichaud explained that, while the City has staff competent to supervise and inspect, the request for Council to authorize ADI Limited to continue is because staff is busy with the City's own large capital program. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 92-10, asphaltic concrete street resurfacing, be awarded to Grove Construction (1986) Inc., at the tendered price of $728,812.40 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. 83-600 COMMON COUNCIL JUNE 22, 1992 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of G. R. Patstone Ltd., in the amount of $53,550 plus taxes, be accepted for the supply of a shower trailer for the Hazmat program. The Mayor advised that, while the City Manager's report on the above tender indicates that the Province will reimburse an amount of $57,000, a letter has been received from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, indicating that the amount of the grant is $57,887. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Tacel Ltd., in the amount of $35,500 plus taxes, be accepted for traffic control system equipment. Deputy Chief Tait, in response to Deputy Mayor McAlary's question as to the manner in which the above device works, explained that the new system will automatically change the traffic lights at 800 feet upon the Fire apparatus approaching an intersection, so that, in the very congested areas to begin with as noted in the City Manager's report, the lights will change in advance of the trucks reaching the intersection thereby reducing accidents and providing better safety for the taxpayers. Councillor Coughlan suggested that, in view of the tender appearing to be significantly lower than the others, it might be to the City's advantage to install additional devices, to which Deputy Chief Tait replied that the equipment installed in the traffic lights in many of the intersections will not accommodate the new technology, therefore, time is needed to bring the whole City system up to accommodate the new system. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that on June 11 the New Brunswick Municipal Finance Corporation negotiated the sale of a serial bond issue in the amount of $24.1 million, of which $9,800,000 was related to the City of Saint John 1991 Capital Program, at terms, as they relate to the City, as follows:- Term: 10 year, Serial Form Coupon Rate: Year 1 - 6.500% 2 -7.125% 3 - 7.625% 4 - 8.000% 5 - 8.375% Price: $99.00 Yield to Maturity: 8.83% Settlement Date: July 14, 1992; such terms being well within the limits approved by Council on April 13; and recommending that the Mayor and Common Clerk be authorized to execute the debentures between the City and the New Brunswick Municipal Finance Corporation for $9,800,000 at the terms listed above -- be received and filed and the recommendation adopted. Year 6 - 8.750% 7 - 8.875% 8 - 9.000% 9 - 9.000% 10 - 9.000% Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary 83-601 COMMON COUNCIL JUNE 22, 1992 RESOLVED that the report from the City Manager referring to Council's May 4 receipt of a letter from Shirley Shewbridge, President of the Lorneville Ratepayers Association, dealing with the condition of various roads in the Lorneville area; listing the maintenance projects, apart from routine maintenance, for which a commitment has been made to undertake in 1992, with staff's objective being to address the worst surface conditions of the Lorneville Road, and to monitor conditions in subsequent years to ensure that the standard of road maintenance remains acceptable and in a manner consistent with other areas of the City; and recommending that staff advise the Lorneville Ratepayers' Association of the work planned for the Lorneville area in 1992 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that, further to the complaint to Council on May 27, 1991 from Yvonne LeBlanc about the condition of Marsh Creek and Simpson Drive, another program is necessary to check the condition of the properties adjoining Marsh Creek and request that these property owners conform to the maintenance requirements of the Flood Risk Area By-Law, which ensure that retaining walls, other structures and/or land cannot collapse into Marsh Creek so as to obstruct the flow of floodwaters; therefore, as part of the assignment for the summer relief inspector in the Building Inspection Department, staff will do an inspection of the properties adjacent to Marsh Creek to ensure that the conditions of the banks of the Creek are kept such that they comply with the By-Law; and also advising that this activity will be incorporated into the ongoing workplan of the Building & Technical Services Department -- be received and filed and a copy be forwarded to Yvonne LeBlanc. Question being taken, the motion was carried. Read a report from the City Manager advising that, on March 1, 1992, the New Brunswick Occupational Health & Safety Act introduced new, more stringent requirements to be followed by employers when employees must enter a confined space, and that, in order to comply with the Act, it will be necessary to purchase a number of gas detection devices so that each crew required to enter a confined space while performing regular day-to-day work may carry out this work in full compliance with the Act; also advising that it has been identified that, within the Water and Sewerage Department, it will be necessary to purchase twelve gas detection units at an estimated cost of approximately $54,000; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Common Council authorize public tendering for gas detection units, and that the Water and Sewerage Department be authorized to expend funds for its purchase with adjustments to be made in other budget items in an attempt to achieve no net increase in the 1992 Water and Sewerage Operating Budget. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of November 12, 1991, with respect to charges and fees at the Spruce Lake landfill, be rescinded, and the following scale of charges and fees be adopted, effective September 1, 1992: Commercial up to 500 kg. over 500 kg. $ 5/load $17/metric tonne 83-602 COMMON COUNCIL JUNE 22, 1992 Residential 1/4 to 1/2 ton truck $ 1/load Demolition material Bk. 83 Pg. 944 ) $17/metric tonne (Rescinded February 8,1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that report from the City Manager following up on Clean-Up Week which was held May 11-15 by comparing the tonnages collected and the junked cars towed to that of the 1991 Clean-Up Week; and advising that, based on the current information, it would appear that approximately $73,000 was spent on this program of the Works Department budget of $75,000 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that, with regard to the April 13 request for staff to investigate the feasibility of developing a tree nursery to grow trees for the City, Saint John, at this point in time, could not support the development of a nursery due to: (1) the capital investment; (2) the cost associated with managing the operation; and (3) lack of technical staff experienced in nursery management; and also advising that, concerning the suggestion that Howe's Lake could be developed as a potential nursery site, such a development would be cost prohibitive and approximately $200,000 would be required for topsoil only -- be received and filed. During discussion, Mr. Morrison advised that the management of a tree nursery could cost the City $50,000 to $60,000 a year just for staff to be able to produce the trees, in addition to the material cost, and that a real constraint in nursery business is that it would take between eight to twelve years to reap benefits from it. Question being taken, the motion was carried. Mr. Steven D. Fowler, Chairman of the Board of Directors of Loyalist Days Inc., appeared before Council to present the plans for the 1992 Loyalist Days Festival, and the 1991 audited financial statements; and outlined some of the special events to be featured during the 1992 Festival scheduled for July 19 to 25. Members of the Loyalist Days Board presented Council members with tricorn hats for the occasion. Mr. Fowler noted that very few of the events are revenue-generating, being mostly open public events, such as the entertainment, fire works, ceremonies and so on; and advised that the Miss Saint John Pageant will be suspended in its current format for one year and, concurrent with that, the current-serving Miss Saint John, Heather Paulin, has been invited to continue in that role for the coming year; and explained that, in view of the increasing lack of interest in entering the Miss Saint John Pageant and the loss of a major impetus to enter the Pageant with the cancellation of the Miss Canada Pageant, it was felt that even more of a decrease in participation in the Miss Saint John Pageant could be expected this year; therefore, consideration will be given to how the event could be re-established, hopefully in 1993, in a different format with slightly different judging categories or a different type of competition so as to encourage more participation. (Councillor Coughlan withdrew from the meeting.) The Mayor thanked Mr. Fowler and his Board members for both the 83-603 COMMON COUNCIL JUNE 22, 1992 verbal presentation and the tricorn hats. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager referring to Common Council resolution of December 9, 1991 which approved the concept of placing parking on a portion of the west side of Chipman Hill (formerly part of Prince William Street) to contain one or more parking spots for the disabled and authorized staff to proceed with the necessary process to put the parking in place; advising that, due to the presence of driveway accesses to the Police garage and other parking areas, only nine parking spaces can be located on the street, one of which can be assigned for the disabled, adjacent to the side door of City Hall which is the only entrance accessible for wheelchairs; also advising that the long-term parking needs of the area are taken care of by the Chipman Hill parking garage on the east side of the street; therefore, it is appropriate that the meters be for short-term use (i.e. 30 minutes) which will be sufficient for people wishing to make short stops in City Hall for paying bills, etc.; and recommending that the submitted proposed amendments to the Traffic and Parking Meter By-Laws be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-laws to amend the Traffic By-Law and the Parking Meter By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-laws to amend the Traffic By-Law and the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-laws to amend the Traffic By-Law and the Parking Meter By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-laws to amend the Traffic By-Law and the Parking Meter By-Law. Read a report from the City Manager referring to the Wright Street Housing Cooperative's discussion, during the planning approval process of housing units on Glenburn Court and Jack Avenue in the Wright Street area, of the possible closure of the Jack Avenue right-of-way and renaming of Jack Avenue to James Fan Court; advising that, while the closure of the street could not be done, the renaming of Jack Avenue is appropriate; and the name put forth would not create any confusion with any other names, and would eliminate any confusion on the part of emergency response personnel in that there is already a Jack Street which exists in two sections and a Jacks Road. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Council approve the renaming of Jack Avenue to James Fan Court. Councillor Landers asked that a letter be forwarded to the late Dr. James Fan's parents with respect to the above street naming, and the Mayor indicated that this could be done. Question being taken, the motion was carried. 83-604 COMMON COUNCIL JUNE 22, 1992 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that the Mayor, in the last month or two, has received letters of concern from Mr. Hamburg of Dreskins and Mr. Goldsmith of Calps with a perceived increase in the number of one or two day sales of merchandise by what are described as transient traders; commenting on the manner in which Fredericton and Moncton deal with transient traders; and submitting a copy of a By-Law adopted by the City some thirty years ago which deals with this very issue, which, should Council wish to proceed to impose regulations with regard to transient traders, should be referred to the Legal Department for updating; expressing the opinion that the frequency of such activities and indeed problems encountered as a result of such activities do not warrant increased regulation which, while in no way is intended to downplay the concerns expressed by Messrs. Hamburg and Goldsmith, is simply suggesting that the imposition of a license would do little, if anything at all, to address their concerns; and recommending that a copy of this report be provided to Messrs. Hamburg and Goldsmith -- be received and filed and the recommendation adopted. The Mayor noted that the above motion, if adopted, means that the By- Law will not be enforced, and that Councillors who vote in favour of it are not in favour of any licensing fee. Discussion was with regard to the amount charged by the Trade and Convention Centre for use by transient traders, as well as road-side selling from tractor/trailers, and the imposition of a fee for transient traders who do business from the Trade and Convention Centre and from any other location in the City. (Councillor Coughlan re-entered the meeting during the above discussion.) Question being taken, the motion was lost with the Mayor and Councillors Gould, Landers, McAlary, Rogers, Trites and A. Vincent voting "nay". Mr. Brown suggested that the above matter should be referred to the Legal Department to update the By-Law dealing with transient traders. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the above matter be referred to the Legal Department for review of the By-Law dealing with transient traders, and the Hawkers and Peddlars By-Law. Question being taken, the motion was carried. Read a report from the City Manager responding to the recent letters of complaint from C. R. Waldschutz, Jason Wheaton, Shelley Whitters, and Bliss Hanson concerning the towing of vehicles in the South End of the City under the following subjects:- the Traffic By-Law, the Residential Parking Permit Program, street cleaning, Police enforcement, the Heritage Preservation Area, and Public Relations; advising that a staff review resulted in the opinion that there is a need for Section 196(1) of the Motor Vehicle Act, which states that "No person shall abandon a vehicle or leave a vehicle standing for a period of more than twenty-four hours"; therefore, it would not be appropriate to have only Residential Parking Permit holders exempted from this section of the Act; and submitting a recommendation in this regard. Consideration was also given to a report from the Saint John Parking Commission advising that, further to Council's correspondence to the Commission, follow-up has been done on parking complaints received in the South End; expressing agreement with the actions of the City Manager in appointing one person, Mr. Claude MacKinnon, to review the policies of the various City departments regarding tickets, towing, street cleaning, snow removal, illegal parking, Residential Parking Permits, and 83-605 COMMON COUNCIL JUNE 22, 1992 Provincial and Municipal by-laws; and expressing the understanding that the Commission will have the opportunity to take part in discussions regarding the policies and, once all of the information has been reviewed, a joint recommendation will be submitted to Common Council. The report concludes that the Commission has contacted the three persons concerned, namely, Christopher Waldschutz, Jason Wheaton and Shelly Withers, to advise them what was happening in relation to their complaints about parking and towing in the South End. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, (1) the City not support any changes to the Motor Vehicle Act; (2) the Police Force continue to make every reasonable effort to contact the registered owner of a vehicle that is to be towed; (3) the Works Department and the Parking Commission continue to review the delivery of the services with the Public Relations Department, and provide citizens with more timely information; and (4) the four residents be notified of the results of a review undertaken with respect to the four vehicles towed from in front of uptown residences, in that it was determined that the correct procedures under the regulations were carried out. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that the above report from the Parking Commission be received and filed. Question being taken, the motion was carried. Consideration was given to a report from the City Manager resubmitting his report, which Council tabled on June 8, concerning requests for the use of the Lily Lake Pavilion from (1) Belfast Children's Vacation - Saint John Inc., (2) the Sea Belles Ladies Barbershop Chorus, (3) The Rippin' Regionals Relay Team, and (4) the United Way; advising that the Belfast Children's Vacation did, in fact, hold a fundraising event on April 22 at the Lily Lake Pavilion at which it raised over $500 after having paid the City its rent of $650 and that, while a representative of the group indicated that he no longer felt it necessary for the City to provide the Pavilion free of charge, the group is requesting a $1,000 grant from the City in a separate letter to Council and would appreciate the same level of support as was provided in 1992; and that, with regard to the Sea Belles, any funds required which are not raised from events tentatively planned will have to come out of the members own pockets; and also that, unfortunately, staff has not been able to get in contact with the individual who had originally signed the request on behalf of the Relay Team; however, Council is aware that the request is for the City to provide the Pavilion and security free of charge in order for this particular Relay Team to raise funds for the Hospital. The report also submits a copy of the City's policy FA500 relative to financial assistance for groups using City-owned and operated facilities; and recommends that the previous report, dated June 5, 1992, be taken from the table and the recommendation adopted as follows:- (1) Belfast Children's Vacation, the Sea Belles Ladies Barbershop Chorus, and The Rippin Regionals Relay Team be advised that the City is not prepared to waive the fee for use of the Lily Lake Pavilion; and (2) the request from the United Way, dated May 14, 1992, be taken from the table and the United Way be advised that the Pavilion will be made available to it on September 10, 1992 as requested. It was noted that Council is to consider at this meeting letters from Belfast Children's Vacation - Saint John Inc. requesting to withdraw its request for a waiver of the Lily Lake Pavilion fee, and requesting a grant of $1,000, and also that Council dealt with the United Way request at its June 8 meeting. On motion of Councillor Knibb Seconded by Councillor Coughlan 83-606 COMMON COUNCIL JUNE 22, 1992 RESOLVED that as recommended by the City Manager, the Sea Belles Ladies Barbershop Chorus and The Rippin' Regionals Relay Team be advised that the City is not prepared to waive the fee for use of the Lily Lake Pavilion. Question being taken, the motion was carried with Councillors Landers, Rogers and A. Vincent voting "nay". 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 June 8, 1992, when there were present Mayor Wayne and Councillors Chase, Gould, Knibb, McAlary, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant of $10,000 be approved and the City provide upwards of 276 labour hours starting June 25 and concluding July 2, 1992, to Festival By The Sea relative to the planning, administration and production of the City's Canada Day celebrations - 1992. 2. That as recommended by The Saint John Jeux Canada Games Foundation, Inc., Messrs. Patrick Darrah, Norman Sinclair and Joseph Flynn of Saint John be reappointed to the Board of Governors for a term ending December 31, 1994 or until their successors are appointed. 3. That as recommended by the City Manager, (1) Common Council resolution of August 13, 1973 concerning the sale of land to Mr. James O. Salmon be rescinded; and (2) the land shown as Part A, with an area of 651 square feet as shown on a plan prepared by Murdoch Lingley Ltd., dated January 31,1974 and registered in the Saint John County Registry Office as File 56 #71, be sold to James O. and Jean R. Salmon for a price of $350. 4. That as recommended by the City Manager, the Lessor's interest in the land developed as Hilyard Place, known as PID 373225 and 31104, be sold to the Lessee, Haldor Ltd., under the following terms and conditions:- (1) the purchase price to be $428,000; (2) the City to retain the 80 square meter parcel, shown as Parcel "G" Hilyard Street (Public) on a subdivision plan entitled City of Saint John Subdivision Hilyard Street prepared by Murdoch Lingley Limited and dated May 24, 1989; (3) the purchaser to be reimbursed for the cost of the appraisal completed by deStecher, Miller & Associates in the amount of $1,284; and (4) the City to obtain an easement to permit access to a sewer line passing through the property. 5. That as recommended by the City Manager, the property at 51-53 St. James Street, known as NBGIC Number 2824, which adjoins a parcel owned by the City, be acquired from the Estate of Violet Wilcox for a price of $7,000, to enhance the possibility for a housing development in this area. 6. That as recommended by the City Manager, Paul Grannan be given a street occupancy permit to allow the placement of six two-foot wide tables with a chair at each end on the sidewalk in front of 88 Prince William Street for the period June 15 to September 15, 1992, on the understanding that the permit may be cancelled on 24- hours notice if it is found that the use of the street is unduly restricted. 7. That as recommended by the City Manager, (1) the property at 321 Princess Street be sold to Barry Stewart under the following terms and conditions:- (a) sale price $5,550; and (b) an option be retained to reacquire the property for the purchase price if the footing of the proposed development is not in place within one year of the transfer of title; and (2) the bids received for the sale of land identified as 59 and 77 Ludlow Street, Woodward Avenue, 2 York Street and 4 York Street be rejected and the deposits be returned to the bidders. 83-607 COMMON COUNCIL JUNE 22, 1992 Respectfully submitted, June 22, 1992, (sgd.) Elsie E. Wayne, Saint John, N.B. C h air man. On motion of Councillor Rogers 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 Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Consideration was given to section (4) of the above report, as well as to a report from the City Manager referring to the subject recommendation, and advising that staff has been informed that the correct name of the purchaser should be Haldor (1972) Ltd.; and recommending that the report from Committee of the Whole concerning the sale of land at Hilyard Place be amended by changing the name of the purchaser to Haldor (1972) Ltd. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Lessor's interest in the land developed as Hilyard Place, known as PID 373225 and 31104, be sold to the Lessee, Haldor (1972) Ltd., under the following terms and conditions:- (1) the purchase price to be $428,000; (2) the City to retain the 80 square meter parcel, shown as Parcel "G" Hilyard Street (Public) on a subdivision plan entitled City of Saint John Subdivision Hilyard Street prepared by Murdoch Lingley Limited and dated May 24, 1989; (3) the purchaser to be reimbursed for the cost of the appraisal completed by deStecher, Miller & Associates in the amount of $1,284; and (4) the City to obtain an easement to permit access to a sewer line passing through the property. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that section 6 of the above report be adopted. 83-608 COMMON COUNCIL JUNE 22, 1992 Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager addressing Council's January 20 request for an investigation into the possibility of amending the distance separation provisions of the Zoning By-Law to require that licensed drinking establishments be located a minimum distance from community centres, as well as a housekeeping amendment to the By-Law which would change the terms and definitions used therein to reflect the new terms and definitions contained in recent revisions to the Liquor Control Act; and submitting a copy of a report from the Community Planning Department considered by the Planning Advisory Committee on March 10 at which the Committee adopted the recommendation contained therein that proposes changing the current terminology in the Zoning By-Law, which refers to a licensed drinking establishment as a "tavern or cabaret", to the more accurate terms now contained in the Liquor Control Act, "beverage room, club or lounge", and also that three locations in the City be specifically exempted from the distance separation requirements so that existing lounges, legally established in these three locations prior to the amendments of the Liquor Control Act, will remain permitted uses, the three locations being McAllister Place, Parkway Mall and the Park Plaza Motel. The report refers to the indication in the submitted report that the existing lounge operated in conjunction with the Reversing Falls Restaurant has also become a non-conforming use due to the changes in the Liquor Control Act as, in this case, the use is no longer considered to be permitted by the "P" Park zoning; and that the Community Planning Department recommends that the most appropriate way of dealing with this case is to add the words, "as a secondary use to a restaurant, a beverage room, club or lounge", to the list of conditional uses in the "P" Park zone, which would allow the lounge component of the Reversing Falls Restaurant to remain a permitted use. The report explains that the proposed amendment to the By-Law is of a housekeeping nature only and maintains the existing City policy that establishments, where the main activity is the drinking of alcoholic beverages, be separated from churches, schools and "R" zones; and submits a recommendation in this regard. Mr. Pollock highlighted the above report. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, (1) no action be taken with regard to the extension of minimum distance requirements to include community centres, as these locations are already protected by the existing Zoning By-Law regulations; (2) Common Council authorize advertising for a public hearing and refer the following proposed Zoning By-Law amendment to the Planning Advisory Committee for a report and recommendation:- (1) that Section 20, Definitions, be amended as follows: (a) adding the following definition of "beverage room": "'beverage room' means premises licensed as a beverage room under the Liquor Control Act"; (b) deleting the definition of "cabaret"; (c) adding the following definition of "club" "'club' means premises licensed as a club under the Liquor Control Act"; (d) adding the following definition of "Liquor Control Act": '''Liquor Control Act' means the Liquor Control Act, Revised Statutes of New Brunswick 1973, Chapter L-1 0 as amended and regulations thereunder"; 83-609 COMMON COUNCIL JUNE 22, 1992 (e) adding the following definition of "lounge": '''lounge' means premises licensed as a lounge under the Liquor Control Act"; (f) deleting the definition of "tavern"; (2) that all existing references to the term "tavern or cabaret" in the Zoning By-Law be deleted and replaced by the term "beverage room, club or lounge"; (3) that Section 550, ShoppinQ Centres (SC), be amended by adding a new subsection 550(2)(a)(v) and (vi) to read: "(v) notwithstanding (i) and (ii) above, a beverage room, club or lounge may be located in McAllister Place (NBGIC # 285932,438051 and 426650) at 515-519 Westmorland Road. (vi) notwithstanding (i) and (ii) above, a beverage room, club or lounge may be located in Parkway Mall (NBGIC #304873) at 212-250 McAllister Drive."; (4) that Section 620, LiQht Industrial (1-1), be amended by adding a new subsection 620(2)(c)(iv) to read: "(iv) notwithstanding (i) or (d), a beverage room, club or lounge may be located in the Park Plaza Motel (NBGIC #301937,55020853,55020861 and 55020846) at 607-609 Rothesay Avenue."; (5) that Section 730, Park (P), be amended by adding the following conditional use to subsection 730(1)(b): "- as a secondary use to a restaurant, a beverage room, club or lounge" - with the public hearing to be held on Tuesday, August 4, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council approve the application of Acadia Development Ltd. for a Housing Through lnfill Development grant, estimated at $21,030, relative to the development of four apartment units at 48-52 Prince Street West, subject to approval of plans by the Director of the Housing and Property Management Department. (Rescinded February 8,1993 Bk. 83 Pg. 943 ) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-22: Rockwood Park Turnaround Road Construction Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 5 1 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated June 15, 1992 $206,955.00 77,078.45 Nil 171,438.45 5,640.00 368.97 $ 5,640.00 83-610 COMMON COUNCIL JUNE 22, 1992 Final holdback release. Question being taken, the motion was carried. Read a report from the City Manager advising the results of the tender for contract 92-7: water and sewer renewal, Duke Street (Central, for which the engineer's estimate was $233,526; also advising that all tenders were found to be formal in all respects, except for the tender of Dean Construction Limited, which omitted the written unit prices on page 10 of section 4.4 of the Schedule of Quantities and Unit Prices, covering items C.1 and C.2, thereby making the tender informal as per clause 3(f) of the City's Tendering Procedure; and submitting a recommendation with regard to the tender. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Dean Construction Limited for contract 92-7: water and sewer renewal, Duke Street, be declared informal, and that contract 92-7: water and sewer renewal, Duke Street, be awarded to QM Construction Ltd., at the tendered price of $208,531, 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. Consideration was given to a report from the City Manager advising that four replies were received to the tender for the sale of timber from 300 acres of mature and over-mature trees in the City watersheds, with an important requirement in the tender call being for the contractor to harvest full tree lengths and forward these to the roadside, which is an important specification because it is desired that the harvest activity minimize damage to the natural regeneration, and that contractors were required to list the equipment that they would be using in the harvesting activity so that staff could assess whether or not the contractor would be able to minimize damage to the watershed floor; and explaining that the basis of staff's recommendation to accept the offer of R. Wilcox Ltd. is the equipment to be used to perform the work in that it is better suited to the type of harvesting required by the City in order to minimize damage to the natural regeneration, which in turn reduces the costs of replanting. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of R. Wilcox Ltd., in the amount of $56,402.50, be accepted for the purchase of timber. Mr. P. Hanlon explained that the evaluation carried out by the Forester determined that the equipment to be used by the two highest bidders to remove the timber would do more damage to the remaining wood stock and would require extensive replanting of the area whereas the third bidder has the type of equipment that will not damage the small trees to remain, resulting in a major saving by not having to replant the area; and confirmed that the type of equipment considered acceptable wasspedfiedinthetende~ Question being taken, the motion was carried. Read a report from the City Manager advising that the lowest tendered price for the reconstruction of the King's Square steps, in the amount of $69,000, was $34,000 over the estimate provided and the approved funds, and double that which was estimated for which no satisfactory explanation was provided by the consultants when asked to review their estimates; and suggesting that, as the study now being undertaken to determine the viability of reconstructing the Women's Christian Temperance Unit Monument may impact on the King's Square steps if it recommends that the placement of the Monument in its original location, it may be in the best interest of the City to postpone the King's Square steps project until the outcome and recommendation for the Monument is known and the specifications are rewritten and/or 83-611 COMMON COUNCIL JUNE 22, 1992 reviewed and budgeted accordingly. On motion of Councillor Trites Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tenders for the King's Square steps be rejected and the project be placed on hold pending the outcome of the WCTU Monument site study and be retendered at a later date. Deputy Mayor McAlary expressed concern about delaying the King's Square steps project for another year, on the basis that not only was the project recommended in the study for King's Square but that the WCTU Monument site study results are unknown as is the price, and also that a delay in this flower entrance garden to King's Square for another year will probably result in a higher price than the $69,000 tender received this year. Mr. Robichaud explained that the major problem is that, if the whole WCTU Monument is to be installed in its original position, the project will have to be redesigned in that the original design only incorporate the top of the Monument. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the appointment of Charles Robichaud as Acting City Manager to be effective from June 29 to July 4, 1992. Question being taken, the motion was carried. Read a report from the City Manager advising that, while on Tuesday, June 23, Mr. Terry Totten becomes the Commissioner of Management Services, it would be practical to continue Mr. Totten as a signing officer of the City until such time as the new appointment is made of a Deputy Commissioner of Finance and Assistant Treasurer; and that this has been discussed with Mr. Totten who is agreeable to keeping this responsibility. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Mr. Terry Totten, Commissioner of Management Services, be appointed Assistant Treasurer until such time as the new Deputy Commissioner of Finance and Assistant Treasurer is hired. Question being taken, the motion was carried. 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 copy of the application of Rod Crowther / RE/MAX Professionals (1989) Ltd., concerning property at 134 Sydney Street, have been completed, and that the required waiting period for objections expired on June 18, 1992, with no written objections having been received in this regard. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the application of Rod Crowther / RE/MAX Professionals (1989) Ltd. for a Municipal Plan amendment and re- zoning of 134 Sydney Street be referred to the Planning Advisory Committee for a report and recommendation, and that the necessary advertising be authorized in this 83-612 COMMON COUNCIL JUNE 22, 1992 regard, with the public hearing to be held on Tuesday, August 4, 1992. Question being taken, the motion was carried. (Councillors Landers and Rogers withdrew from the meeting as they were not present for the June 8 public hearings with respect to the proposed re-zoning of property on Adelaide, Main and Metcalf Streets, and 586 Churchland Road, and regarding the proposed Urban Renewal By-Law with regard to land on Chesley Drive.) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "By- Law Number C.P. 100-274 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning an area of land with frontage on Adelaide Street, Main Street and Metcalf Street, having civic numbers 21,23,29 and 39 Adelaide Street, 247-249, 253-255, 257-259, 263 and 271 Main Street, and 194 Metcalf Street (NBGIC Numbers 374421, 55012991, 374884, 378968, 374892, 374462,374454,374447,378745,55019566,378737 and 377010), together with a Local Common located adjacent to NBGIC Number 377010, from "RM-1" Three-Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "US" Utility and Service classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-274 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-275 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding a new subsection Section 720(2)(a)(iv) C. to read as follows: "C. notwithstanding subsection (iv) B, a total of 30 cattle may be located on approximately 4 ha (10 acres) at 586 Churchland Road (NBGIC Number 55020036).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-275 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 116 A By-Law Respecting Urban Renewal In The City Of Saint John", with respect to a parcel of land with an area of approximately 1116 square feet and a width of approximately 12 feet, having NBGIC Number 55085724 located on Chesley Drive, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 116 A By-Law Respecting Urban Renewal In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillors Landers and Rogers re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by 83-613 COMMON COUNCIL JUNE 22, 1992 the Planning Advisory Committee, Common Council assent to the required public utility easement across the property at 1369 Westfield Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Council authorize the execution of a subdivision agreement with respect to the Grey Ledge Developments Ltd. subdivision at 3 Newman Street, which will ensure the necessary extension of services to the lot and provide for the cost sharing of services outside of the subdivision; and (2) Council assent to the proposed municipal services easement. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Everett B. Ferguson, an employee of the Supply and Services Department, on an actuarially-reduced pension under provisions of Section 4(2) of the Pension Act, effective June 26, 1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Belfast Children's Vacation - Saint John Inc. asking Council to consider it for a charitable donation again this year toward its project expenses -- be received and filed and a grant of $1,000 be approved. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Belfast Children's Vacation - Saint John Inc. advising that its fund-raising function held at Lily Lake Pavilion, for which it requested a waiver of the rental fee from the City, raised a few hundred dollars beyond the expenses involved, including the cost of the Pavilion; and formally requesting to withdraw the grant application for the Lily Lake Pavilion rental fee -- be received and filed and the grant application be withdrawn. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from The Marco Polo Project submitting a copy of a letter from the Executive Director of the Tourism Industry Association of Nova Scotia endorsing the Marco Polo Project -- be received and filed and a copy be forwarded to the Premier of New Brunswick. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary 83-614 COMMON COUNCIL JUNE 22, 1992 RESOLVED that the letter from Regent Construction Ltd. referring to an article in the June 1, 1992 edition of The Evening Times-Globe newspaper that indicated that Council rejected its low tender because its office is in Fredericton; and advising that it would like to officially know if Saint John has a local preference policy as it is hoping to bid contracts in the future -- be received and filed. Councillor Trites suggested that the above Company should be advised that the City of Saint John does not have a local preference policy, and that the situation concerned was exceptional. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the application of Imperial Oil for a Zoning By-Law text amendment concerning self-service of gasoline 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 Tuesday, August 4, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Norman W. Francis Ltd. for an amendment to the Section 39 re-zoning of 700 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, August 4, 1992. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the letter from The Right Honourable Joe Clark, P.C., M.P., responding to Common Council resolution of February 24 opposing the Federal proposal to entrench property rights in the Canadian Charter of Rights and Freedoms; assuring Council that these views, and the views of property rights proponents, will be weighed during the current phase of multilateral deliberations with the provinces, the territories and the national Aboriginal leaders; and encouraging Council to stay interested as this important national dialogue progresses -- be received and filed. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Loyalist Days Inc. requesting a letter of support to accompany its application to the New Brunswick Liquor Licensing Board stating approval of a social and multicultural event to be held on July 23, 24 and 25 at the Lord Beaverbrook Rink -- be received and filed and Council indicate its support of the event. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that this meeting be adjourned. 83-615 COMMON COUNCIL JUNE 22, 1992 Question being taken, the motion was carried. Common Clerk