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1992-07-06_Minutes 83-615 COMMON COUNCIL JULY 6,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of July, A.D. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Gould, Knibb, Landers, McAlary, Rogers, Trites, 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; S. Bedford, Commissioner of Development Services; 1. Totten, Commissioner of Management Services & Assistant Treasurer; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; J. Brownell, Director of Recreation; J. Johnson, Building Inspector; B. Malone, Planner; J. Mcintyre, Manager of Staffing and Development; R. Johnston, Deputy Fire Chief; A. Martin, Assistant Deputy Chief of Police; Ms. M. Chaperlin, Planner; and Ms. C. Joyce, Assistant Common Clerk. Reverend Lloyd Lake, retired Anglican Minister, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meetings of Common Council, held on June 20 and June 22, 1992, be approved. The Mayor advised that the June 22 Council minutes require an amendment with respect to the Committee of the Whole recommendation of June 8 concerning the sale of the property at 321 Princess Street to Barry Stewart in that the sale price should be $5,550, rather than $5,500. Moved in amendment by Councillor Gould Seconded by Councillor Landers RESOLVED that the above motion as it relates to the June 22, 1992 Common Council minutes be amended to indicate that the sale price of the property at 321 Princess Street is $5,550. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. The Mayor proclaimed July 13 to 19 to be Labatt Lite 24-Hour Relay Week in support of this fund-raising event for the Saint John Regional Hospital; and, in noting the presence in the Council Chamber of members of the Orange Order, proclaimed July 6 to 12 to be Civil Liberty Week in the City of Saint John, with the Canadian Orange Standard to be flown at the foot of King Street during this week. The Mayor welcomed to the Council Chamber The Honourable Jane Barry, Provincial Minister of the Environment; Mrs. Georgie Day, MLA; and Messrs. Louis Murphy, MLA; and George Jenkins, MLA; and accepted, with appreciation on behalf of the City of Saint John, a cheque presented by The Honourable Mrs. Barry and Mr. Murphy, in the amount of $400,000, as the Province's first instalment of its $12.4 million pledge toward the construction of the Saint John Regional Exhibition Centre. 83-616 COMMON COUNCIL JULY 6,1992 The Mayor asked Council to deviate from the order of the Council agenda and bring forward at this time her letter regarding St. Joseph's Hospital, in that it is a matter in which the Provincial officials present would have an interest. On motion of Councillor Trites Seconded by Councillor Landers RESOLVED that Council consider the above item at this time. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting copies of letters to the Editor from Dr. Gordon R. Mockler and Dr. John Brewer sharing concerns about a possible change in the role of St. Joseph's Hospital; noting the long waiting list and how long it takes to be admitted to the Regional Hospital; and asking if, in view of St. Joseph's Hospital having done over 8,000 surgery cases last year, persons requiring surgery in the future would have to go on a further waiting list. The letter requests that Council take a firm stand and send a firm message to the Minister of Health that it does not support St. Joseph's Hospital being changed from its active treatment role to an extended care unit which, according to information that her Office has received, is the possible role for St. Joseph's Hospital. On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that the Common Council of the City of Saint John advise the Minister of Health that it takes a firm stand against and does not support St. Joseph's Hospital being changed from its active treatment role to an extended care unit. The Mayor advised that she is in receipt of letters, of which she will forward a copy to The Honourable Mrs. Barry and Mr. Murphy, from the Recording Secretary for Loyalist Zone Senior Citizens Group, and from Mr. Chipman a former member of the Centracare Board, in support of St. Joseph's Hospital. Question being taken, the motion was carried. The Assistant Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land located at 701 and 705 Brunswick Drive (NBGIC Numbers 15743 and 12658), having an area of approximately 3,670 square feet, from High Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same parcels of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the use of the property for commercial purposes, with the placement of a mobile trailer on the property, to be used as a new and used goods store, being proposed, as requested by Mr. David McEachern, 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 considered at the Committee's June 30 meeting at which the applicant spoke in favour of the application, and Mr. Robert McCavour, owner of Richard's Service Central Ltd. located at 218 Waterloo Street, spoke in opposition, and the Committee, after considering the report and presentations, decided to recommend that Common Council deny the application; and recommending that the application be denied. Mr. David McEachern appeared in support of his application which he requested Council to accept and approve so that he could proceed with his endeavour as a small entrepreneur with great expectations for the future, and he offered to answer any questions and/or clarify any portion of the application for Council. 83-617 COMMON COUNCIL JULY 6,1992 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. David McEachern for a Municipal Plan amendment and re-zoning of 701-705 Brunswick Drive be denied. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Assistant Common Clerk advised that the necessary advertising was completed with respect to amending Common Council resolution of February 23, 1981 which limited Hestia House to a 16-bed facility, to now permit a 24-bed facility for abused women and their children, as requested by Hestia House 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 amendment. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's June 30 meeting at which the applicant's solicitor, Shelley Courser, expressed no objection to the proposed recommendation; and recommending that Common Council amend the current agreement by changing the first condition to permit Hestia House to use the existing building to provide temporary accommodation for a maximum of 24 women and/or children who are in need of emergency shelter for familial or other problems, and for no other purpose. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of February 23, 1981 with respect to Hestia House at 125 Douglas Avenue be amended by amending the current agreement by changing the first condition to permit Hestia House to use the existing building to provide temporary accommodation for a maximum of 24 women and/or children who are in need of emergency shelter for familial or other problems, and for no other purpose. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Assistant Common Clerk advised that the necessary advertising was completed with respect to the proposed re-zoning of a parcel of land having a frontage of approximately 245 feet on Dever Road at 621 Dever Road and an area of approximately 4.3 acres, being a portion of NBGIC Number 36640, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, to permit the development of a non-profit seniors housing project by St. Rose Parish Community Housing Inc., as requested by St. Rose Parish Community Housing Inc., and that no written objections were received in this regard. 83-618 COMMON COUNCIL JULY 6,1992 Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter in support of the above application considered at the Committee's June 16 meeting at which the applicant's representative expressed agreement with the recommendation in Planning's report; advising that the Committee adopted the Planning Department's recommendation, which included the granting of a variance to permit the development to have a height of one storey; and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land having a frontage of approximately 245 feet on Dever Road and an area of approximately 4.3 acres, being a portion of NBGIC Number 36640, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use of the property to a senior citizens' housing development. Dr. E. Lund appeared in support of the above application to respond to any Council queries. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land having a frontage of approximately 245 feet on Dever Road and an area of approximately 4.3 acres at 621 Dever Road, being a portion of NBGIC Number 36640, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land having a frontage of approximately 245 feet on Dever Road and an area of approximately 4.3 acres at 621 Dever Road, being a portion of NBGIC Number 36640, from "IL-1" Neighbourhood Institutional to "RM-1" Three-Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Landers 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, two parcels of land at 116 Queen Street and 183 Carmarthen Street (NBGIC Numbers 3418 and 6544), which together have an area of 8,000 square feet, from Medium Density Residential to District Centre Commercial classification, to permit the re-zoning of the property to "B-2" General Business classification so that it can be used to maintain the applicant's taxis, as requested by Diamond Taxi (Saint John) 1982 Ltd. 83-619 COMMON COUNCIL JULY 6,1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the President of the Federation of Canadian Municipalities concerning the FCM's Standing Committee on Economic Development's arrangement of a public-private sector of the home-based business sector, and the submitted summary entitled, "Home Business - The New Reality" containing highlights of the resultant full report entitled "Home Enterprise - Canadians and Home-Based Work" -- be referred to the City Manager and Planning staff, and a copy of the full report be obtained. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, commending the City's on its Housing Through lnfill Development Program -- be received and filed. The Mayor questioned the reference in the above-submitted letter to four housing units having been recently allocated to Saint John Non-Profit Housing Inc. for this year's delivery on the basis of her understanding that the number exceeds four, to which Mr. Todd replied that, besides the projects for Saint John Non-Profit Housing, the other project is for St. Rose Church which he understands has received an allocation for its ten-unit seniors project for which Council considered a proposed re-zoning earlier in the meeting. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a request from Mr. Clifford Skinner, President of the Black Loyalists of N.B. Association, for the City to sponsor a banquet, paying tribute to the Association's 200th Anniversary. On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that the City sponsor a banquet in tribute to the Black Loyalists of N. B. Association on its 200th Anniversary. The Mayor advised that the City would make arrangements for the above dinner. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting a letter from Mayor Jan Reimer of the City of Edmonton, Alberta, asking for the City of Saint John to be part of the 100th anniversary of Edmonton's incorporation via a video "postcard" as explained in the submitted information. The Mayor suggested that the above provides an opportunity for the City to promote itself in the western part of Canada, and that the City Manager should determine the cost to participate in the anniversary celebration and proceed if the cost is not excessive. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the above matter be referred to the City Manager for a report and recommendation, and that the City Manager use his discretion should it be determined that a video "postcard" should be forwarded by the July 24 deadline and report to Council. 83-620 COMMON COUNCIL JULY 6,1992 The Mayor, in noting the deadlines of July 24 and July 31 for the two options, asked if the City Manager could use his discretion should it be decided that a video "postcard" should be done by July 24, and advise Council accordingly. Question being taken, the motion was carried. Read a letter from Councillor Chase expressing the understanding that the present Sewerage By-Law does not require residents to connect within a reasonable period of time to sewer mains installed in a neighbourhood or in any area, although the resident does have to pay the yearly sewer charge in lieu of connecting; and requesting, on the basis that most other municipalities require connection to the utility, that Council direct City staff to prepare appropriate amendments to the By-Law to make it mandatory to connect. Councillor Chase, in expressing the understanding that City staff has the above matter under advisement, asked the rationale for installing sewer mains without requiring connection by residences adjacent to them; and, in noting that this is both a health and an environmental issue, advised that District Medical Health Dr. Scott Giffin indicated to him that he, as a matter of policy, would like to see everybody in a City such as Saint John on municipal sewerage. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the above letter from Councillor Chase be received and filed. Question being taken, the motion was carried. Mrs. Dorothy Dawson, Secretary, and Mrs. Marion Perkins, President of the Board of Directors, of the Elizabeth Fry Society of Saint John, appeared before Council on behalf of the Society, to request Council's support with respect to the establishment in Saint John of a residential correctional centre for women, there already being such a centre for men at the former DV A Hospital on Prince Street West. Mrs. Dawson, referring to a previously-submitted brief, noted that all women who are presently incarcerated are put in the Saint John Regional Correctional Centre, a maximum security prison; and expressed the opinion that, as statistics show that most women who are sentenced to imprisonment are not security risks, it is pure sexual discrimination to require women to remain in an institution which is not required or needed and which was not built for them, while men are continually relocated to a community residential centre. Mrs. Dawson proposed that the second floor of the centre used by male prisoners, which is vacant, could be converted at minimal expense, which may well constitute substantial savings in operations and could benefit all concerned in that women would be able to have visits from their families and children to a much greater degree than at present; and requested Council's, support through its adoption of the submitted resolution, in requesting the Provincial Government to develop a community residential centre for women in Saint John. Mrs. Perkins commented on the matter from the point of view of overcrowding in the women's unit at the Saint John Regional Correctional Centre in that, during the last week, there were twenty-two in the women's unit of twelve cells, as well as with respect to women not requiring the type of security, supervision and restrictions exercised at the facility. Deputy Mayor McAlary proposed a motion, which was seconded by Councillor Gould, that Council adopt the resolution submitted by the Society and take the necessary steps to send a letter to the Provincial Government to endorse this issue and ask it to proceed in attempting to develop a community centre for women; whereupon the Mayor noted that, according to the procedure, Council would deal with this matter later in the meeting. Councillor M. Vincent expressed concern that the suggested resolution could limit the possibility, facility-wise, to just one location, that being the second floor of the former DV A Hospital on Prince Street West and that, if Province turned down use of this space, the matter could be terminated; and Mrs. Dawson agreed with his suggestion that space at the former DV A Hospital could be requested as a possibility thereby providing for other space that might be available. 83-621 COMMON COUNCIL JULY 6,1992 Consideration was given to a letter from Councillor Chase expressing concern about wood chips that fall or are blown off tandem tractor-trailers after they have made their delivery to the Irving mill; expressing the understanding that drivers are required to sweep out their trucks so that the wood chips will not be strewn on City streets when they leave the Bayside Drive location; and recommending that the City Manager determine if any City by-laws are being violated in this regard and report to Council. The Mayor noted that the City has a by-law which indicates that such tractor-trailers must be covered, and suggested that, if this situation happens again, the matter should be referred to the Police Chief for action. On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that the above matter be referred to the appropriate staff for action. Question being taken, the motion was carried. Read a letter from Deputy Mayor McAlary asking for reconsideration of the item concerning the construction of the new entrance to King's Square, which was discussed on June 22, in that, in her opinion, the new entrance is needed to improve the look of the uptown and the Square; and referring to a recommendation in the King's Square Master Plan, which was approved by the Preservation Review Board, for a new entrance to the Square, as well as to a recommendation that, if the WCTU Monument was to be reconstructed and placed in King's Square that it was to be placed so that it would not block the view of the Bandstand from King Street, which means that it should not have any effect on the entrance to the Square. The letter suggests that the tender price of $69,000 will not decrease for 1993 and that, as the funds can be taken from the Stockford Memorial Fund, the project would have no effect on the overall Parks Department budget. Deputy Mayor McAlary expressed the opinion that the City should proceed with the above project this year, and noted that it is her understanding that the City may be able to get a lower cost for the project. The Mayor advised that, in speaking with Mr. Robichaud earlier this date, he indicated that the City should redesign and retender in order for the project to cost within the price range anticipated, and suggested that the motion could be to redesign and retender for the project, whereupon a motion was proposed by Deputy Mayor McAlary and seconded by Councillor Landers to redesign and retender the project. During discussion Councillor Knibb questioned the amount in the Stockford Trust Fund to which Mr. Wilson replied that, while he is uncertain as to the actual amount, the Fund is more than $69,000; and Councillor Gould suggested that, in redesigning the project, staff should keep in mind the Canadian Legion's recommendation of approximately two years ago with respect to the Cenotaph. Mr. Robichaud explained that the reason the project could be less expensive is that the last design was for solid granite throughout and staff is now proposing to use the same design and same finish but rather build a concrete core to which granite would be mortared. In response to Councillor A. Vincent's suggestion that the granite could be reset and steam cleaned, rather than purchase new granite, Mr. Robichaud advised that the new design did not call for the re-use of the granite. The Mayor asked that staff ensure that the Legion's recommendation is complied with and, upon Councillor M. Vincent's suggestion that the entire package should be referred to the City Manager so that he can coordinate the project and report to Council, the mover and seconder of the proposed motion agreed to change the motion accordingly. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the above matter be referred to the City Manager for a report to Council as soon as possible in order to possibly proceed with the project this year. 83-622 COMMON COUNCIL JULY 6,1992 Question being taken, the motion was carried. Ms. Brenda Nichols and Mr. Don Hemmings were present at the meeting to report on the Housing Development Opportunities Workshop for the Development Community, which was staged by the Housing Working Group on November 6, 1991 and covered (1) rehabilitation/conversion; (2) infill of existing serviced lots; (3) subdivision of unserviced land; and (4) rental housing market. Ms. Nichols explained that this presentation is not to represent the Housing Working Group's point of view per se, but rather on behalf of the Developers Workshop to indicate what it thinks needs to be done and what Council has to do to follow up on its recommendations as included in the previously-submitted brief; and noted that the Housing Working Group originated from the Goals For Saint John Workshop in 1990 to represent the non-profit volunteer sector, both government and private, to begin a communication process whereby the developers and private sector could have input into the housing and social issues and, hopefully, improve the whole situation. Ms. Nichols referred to recommendation (1) that Common Council should continue a workshop communication process with the construction/development community and request that the Housing Working Group be a continuing part of that process, and asked that Council report to the Housing Working Group by September as to whether or not it will support an ongoing and continuing dialogue with the industry. Mr. Hemmings referred to recommendation (2) that Common Council should establish a public process to review the recommendations from the Workshop and further that the Housing Working Group be apprised on a quarterly basis of the progress in addressing the Workshop's initiatives, and highlighted the proposed action to be taken by Council in (A) reviewing existing City programs and policies affecting the development/construction industry to: (1) increase available options regarding engineering standards and policies and zoning regulations and policies; (2) reduce costs to developers; (3) enhancing infill projects, and (4) stimulate rehabilitation in existing buildings; (B) improving its communications by implementing a system of one- stop shopping and an attitude of openness to (1) expedite the subdivision process; (2) have a subdivision review committee formulated by Engineering, Utilities, Planning, developer, private sector, Legal and involved groups; and (3) have building code enforcement, plan reviews and inspections consistent with national standards and coordinated through one person during all phases of an infill project; (C) consider a variety of initiatives to improve the image of the City and promote living within the municipality to (1) enhance developer/City image; (2) continue to vigorously work to improve the infrastructure and image of the City's existing neighbourhoods; (3) promote; and (4) encourage increased renovation activity. The Mayor thanked Ms. Nichols and Mr. Hemmings for their presentation, and during discussion Mr. Hemmings responded to Council queries relative to the recommendations in the submitted brief, and Mr. Johnson commented on the manner in which the Housing Working Group came into being through the Goals for Saint John Workshops, and clarified that it is important not to focus on the specific recommendations in the brief because they evolved as issues and opportunities put forward by the participants in the Development Workshop and the Housing Working Group has not attempted to flush out these opportunities so as to state the manner in which to proceed, but rather is presenting issues on which there was some consensus of the group on their being worthwhile to explore, and that the presentation at this time is to bring before Council the various issues, with the request that Council ask staff to review the issues and opportunities as to their merit and report to Council with respect to whether or not there is a forward-going process. The Mayor called for a motion with regard to the presentation earlier in this meeting on behalf of the Elizabeth Fry Society of Saint John. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that a letter be forwarded, under the Mayor's signature, to the Provincial Government, urging the establishment of a residential correctional facility for women in the City of Saint John. 83-623 COMMON COUNCIL JULY 6,1992 Question being taken, the motion was carried. Mr. Peter Martin addressed Council on behalf of the residents of Debly Subdivision in Red Head, with respect to sewerage and ditch problems in the area; and expressed concern about the following three issues: (1) the high fecal count in the ditches, which is a Board of Health matter, and advised that the Board of Health has taken care of one source, and assured him earlier this date that further testing will be carried out to ensure that there are no other sources of contamination; (2) the number of houses that still have their own sewer systems in that the residents would like all the residences connected to the City system as a number of them are aging and probably not well constructed initially, and added that, at a meeting with the Mayor and City staff on July 2, the Assistant City Manager assured him that there is a section in the By-Law that should be able to accommodate this; and (3) the problem with the ditches not draining properly, and requested that a timetable be established in this regard so that the residents would know when the possible repair will take place, and that the residents be advised accordingly. The Mayor confirmed that, as stated at the July 2 meeting with Mr. Martin and Mrs. Mullin, Mr. Robichaud has agreed to keep them informed with respect to the above matter, and advised that staff will attempt to expedite a solution to the problem of ditches not draining and also that staff is working very closely with Mr. Doyle of the Department of Health on the other matter. Mr. Martin expressed appreciation for having had the opportunity to meet with the City in this regard, and submitted for the record photographs of the ditches in question. During discussion Councillor A. Vincent made the observation that, had the above matter not been broached at Council's June 22 meeting, the presentation could have been delayed until the next, rather than this, meeting of Council, and apologized, as did Councillor Chase, for any inconvenience to the residents with respect to any misunderstanding about the procedure for appearing before Council. The Mayor called for a motion on the presentation earlier in this meeting by the Housing Working Group. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that the presentation by the Housing Working Group concerning the Housing Development Opportunities Workshop for the Development Community be referred to the City Manager and appropriate staff. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letters from (a) Russell Hayward and Karen Bailey in regard to the sewage and drainage problem in the Debly Subdivision in Red Head; and (b) Garry Prosser and Edward Doyle regarding the procedure with respect to a presentation to Council in this regard -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Councillor Chase expressing concern, as both a health and environmental issue, that there are no toilet facilities at Little River Reservoir -- be referred to the City Manager to reassess the decision not to put portable toilets or at least some sanitary latrine facility at the Little River Reservoir. Councillor Chase advised that there appears to be good reason for not placing such facilities at the Little River Reservoir, based on his understanding from City staff that portable toilets placed in the above area in the past have, in fact, been 83-624 COMMON COUNCIL JULY 6,1992 burned as well as vandalized; however, he would like the matter reassessed. 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 F. Andrew Simpson Contracting Ltd., in the amount of $6,260, be accepted for the demolition of the building at 178 Victoria Street (NBGIC Number 376582). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-1, Concrete Curb and Sidewalk Construction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 8 1 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 8, dated June 25, 1992 Final deficiency holdback. $1,214,423.00 ,237,662.55 Nil 1,234,362.55 3,300.00 215.89 $ 3,300.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the bid of Safety Supply Co., in the amount of $30,034.90, including taxes, be accepted for supplying breathing apparatus for the Fire Department. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Mic Mac Fire and Safety Ltd., in the amount of $588.80 per suit, be accepted for the supply of turn-out clothing for the Fire Department. Question being taken, the motion was carried. Consideration was given to a report from the City Manager recommending the award of the tender for contract 92-3, Spruce Lake Industrial Park standpipe, to Landmark Structures (Ontario) Ltd. Consideration was also given to a letter from Mr. David C. Walker, solicitor for Landmark Structures (Ontario) Ltd., expressing the understanding that the above report would be made available to him as counsel for his client immediately prior to the July 6 Council meeting, and requesting the opportunity to speak to the City Manager's report, should he deem it advisable, prior to Council rendering its decision. 83-625 COMMON COUNCIL JULY 6,1992 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, contract 92-3, Spruce Lake Industrial Park standpipe, be awarded to Landmark Structures (Ontario) Ltd., at the tendered price of $996,000, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. David C. Walker, solicitor for Landmark Structures (Ontario) Ltd., be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 92-6, Orange Street reconstruction - Phase II, be awarded to Standard Paving Maritime Limited, at the tendered price of $197,000, 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. Read a report from the City Manager advising the results of the tender for contract 92-8, McAllister Drive street reconstruction, and that all tenders were formal in all respects, with the exception of Nautilus Construction & Rentals Ltd. which omitted to bid on one item in the Schedule of Quantities and Unit Prices in the Form of Tender thereby constituting a reason for rejection under section (3)(h) of the City's Tendering Procedures, and the tender should be declared informal; and submitting a recommendation in this regard. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, (1) the tender of Nautilus Construction & Rentals Ltd. for contract 92- 8, McAllister Drive - street reconstruction, be declared informal; and (2) contract 92-8, McAllister Drive street reconstruction, be awarded to Grove Construction (1986) Ltd., at the tendered price of $286,283.22, 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 Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 92-12, Victoria Street - Charlotte Street water and sewer construction, be awarded to the low tenderer, QM Construction Ltd., at the tendered price of $310,090, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. In response to Deputy Mayor McAlary's query as to whether or not Boars Head Road is included in the above contract in view of reference to this project in the report, Mr. Robichaud confirmed that, while the above contract refers only to Victoria and Charlotte Streets, it includes all three projects. 83-626 COMMON COUNCIL JULY 6,1992 (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to the submitted letter, dated June 15, from the Tourism Committee of the Saint John Board of Trade, concerning the Committee's September 30, 1991 presentation to Council of a proposal for a bicycle path network (which was the subject of the City Manager's report to Council on October 15, 1991); advising that staff considered this issue in the context of preparing the City's 1992 budget and, while the idea was and still is worthy of consideration, staff did not believe that the benefits of embarking on such a program were significant enough to reduce a municipal service level in some other area; pointing out that the Board's submission does caution that routes should be designed carefully to avoid excessive costs and that annual maintenance costs for the path, including regular safety inspections, would be somewhat expensive; and stating that it is the administration's position that to properly construct and maintain bicycle paths will require a significant commitment of funds. The report suggests that, while some economic spin-off would result from such a network of bicycle paths as suggested by the Committee, the City would be better off focusing its efforts on ensuring success of its attempts to generate economic spin-offs by increasing traffic through such attractions as Rockwood Park, the Saint John Regional Exhibition Centre, the City Market and the various festivals that it funds during the summer months; and recommends that Council write to the Board of Trade Tourism Committee and express thanks and appreciation for its submission and advise that, while the City was not able to pursue this matter in 1992, the proposal will again be considered in the context of preparing the City's 1993 budget. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Common Council express appreciation to the Tourism Committee of the Saint John Board of Trade for its submission of a proposal for a bicycle path network, and advise that, while the City was not able to pursue this matter in 1992, the proposal will again be considered in the context of preparing the City's 1993 budget: AND FURTHER that the above matter be referred to the City Manager for consideration in the 1993 budget. Councillor Landers noted that the Mayor initially suggested bicycle paths for the City, and the Mayor questioned the cost of, in doing street construction, lining off an extra lane for bicycles, to which Mr. Robichaud replied that to do so would be costly in that most cities and villages which have bicycle paths of this nature, in fact, plan for it and make their street rights-of-way wider and that, in Saint John, it would mean eliminating parking or widening the street, and he confirmed that the proposal could be costed for 1993. Question being taken, the motion was carried. The Mayor called for a motion with respect to the presentation earlier in this meeting by Mr. Paul Martin on behalf of the Debly Subdivision in Red Head. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the presentation by Mr. Peter Martin, on behalf of the residents of Debly Subdivision in Red Head, regarding sewerage and ditch problems, be received and filed, with staff to keep the residents informed. Question being taken, the motion was carried. Read a report from the City Manager suggesting, further to Council's November 12, 1991 request for a report on the Planning Advisory Committee's 83-627 COMMON COUNCIL JULY 6,1992 recommendation that Council consider placing sufficient funds in the 1992 Capital Budget for the rough grading and hydroseeding of the land for public purposes provided in the Meadowland Subdivision, two options for consideration: (1) including sufficient funds in the budget to rough grade the land for public purposes as part of the proposed work; or (2) leaving the land in its unimproved state as is done in most other subdivisions, in that, at present, the Subdivision By-Law does not make the developer responsible for any improvements to land for public purposes, and the City does not have a specific program to develop such land as the new homes are developed, and these improvements now form part of the capital budget priority selection process which has resulted in many areas which have undeveloped land for public purposes. The report advises that, in the future, the Parks and Recreation Strategy will establish a comprehensive policy to deal with this issue, and also that it is the preference of the Parks Department that due to maintenance concerns, the area when developed take on a more natural state; i.e. a meadow, and the contract for constructing the new trunk sewer through part of this area will provide for reinstatement of disturbed property; and concludes that the Parks and Engineering Departments have not budgeted sufficient funds to cover the grading and hydroseeding of the total area, and that an estimate of the cost of doing this work has not been prepared at this time pending direction from Council, and no further action is proposed at this time. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the above report from the City Manager be received and filed. (Councillors M. Vincent and Trites re-entered, and Councillor Landers withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Landers re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager commenting, further to Council's February 24 discussion on the possible establishment of a youth council for Saint John, on information gathered by a small staff committee involving the Recreation and Community Planning Departments about other youth councils in New Brunswick and how such a council might be initiated in Saint John; and recommending that Common Council (1) further pursue the need to establish a youth advisory council by initiating the formation of a Youth Working Group whose mandate would be to learn about and examine the concerns and issues youth are experiencing locally and to recommend to Common Council the most appropriate means these issues can be responded to; and (2) appoint one of its members to serve on the Working Group and chair the first meeting -- be received and filed and the recommendation adopted, and the matter be referred to the Nominating Committee. (Councillor Chase withdrew from the meeting.) The Mayor suggested that the report on a youth council, previous to the February 24 discussion, should be reviewed. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager responding to a letter considered by Council on May 4 from Mr. David Bowen, Chairman of the River Road Concerned Citizens, about the Crown Reserve Road in Acamac; advising that the existence and status of this particular road was one of many 83-628 COMMON COUNCIL JULY 6,1992 issues considered by the Planning Advisory Committee in 1990 during the consideration of the Brookville Manufacturing Ltd. application for a calcite quarry in the Acamac area, with the Committee's denial having been under appeal to the Provincial Planning Appeal Board ever since, with no decision expected for a minimum of another month; also advising that, while Mr. Bowen's concern was that the City's response did not properly reflect the views of the City and that Council should have made the decision, the City's response to the Province's June 13, 1991 request for concerns and comments about the potential closing of the Provincial Crown Reserve Road, and the procedure used, were consistent with the existing policies and practices of the City; and recommending that (1) the present procedures with respect to providing responses to the Province remain unchanged; and (2) this report be forwarded to Mr. Bowen as a response to his letter -- be received and filed and the recommendation adopted. 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 City grant a license to Mr. Paul Jacques upon terms and conditions set by the Engineering Department with documentation in a form acceptable to the Legal Department to permit Mr. Jacques to install a septic field pipeline across Anthony's Cove Road for Parcel "B", as shown on Plan File 52 No. 44, to a septic field situated on Part "b" also owned by Mr. Paul Jacques and shown on the said filed plan, and that the Mayor and Common Clerk be authorized to execute the license agreement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the City's interest in the land on the northeastern corner of Pitt and Leinster Streets, described as the southern part of Lot 460 Queen's Ward, be sold to Otnabog Management Corp. for a price of $1,400, subject to the said Company's acquisition of the lessee's interest. (Rescinded July 20 1992 Bk. 83 Pg. 652 ) Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that the report from the City Manager submitting a letter from PRUDE Inc. requesting that its rental fees for space in the City Market be subsidized for the period July 1, 1992 to June 30, 1993; advising that the practice of providing office space to this organization, and to others, free of charge, at rates somewhat less than market value, is indicative of the City's willingness to provide support and assistance to those groups providing a valuable service the community; and recommending that PRUDE Inc. be advised that the City of Saint John is prepared to continue to provide space for the period July 1, 1992 to June 30, 1993 on the same basis that it has during the past twelve-month period -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager responding to letters considered by Council on June 1 and June 8 from Councillor Landers and the Village of Renforth, respectively, concerning the Brookville Manufacturing Company quarry; advising that controls on the operation of this plant are under the authority of the Provincial Department of the Environment, the Minister of which, on June 1, 1992, issued a Ministerial Order directing the Company to make changes which would provide controls on the dust being created, as indicated in the stated directives; also advising that an inspection of the site on June 18 indicated that the Brookville Company has asphalted the entrance road into the weight scales and, by means of asphalting, has created a 83-629 COMMON COUNCIL JULY 6,1992 "wheel bath" at the entrance supplemented by a sprinkler system which wets down the trucks and washes the tires, and there is also a water spray on the production process, while at the same time the internal roads are sprayed by means of a 1000-gallon water tank with a spray bar, and that, at the time of inspection, these changes appeared to control the dust problem; and noting that this will not eliminate dust from the industrial site; and with respect to complaints concerning speeding trucks and uncovered loads on dump trucks, advising that both of these problems will continue to be monitored by the Police Force. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the City Manager's report concerning the Brookville Manufacturing Company quarry be received and filed and that the Village of Renforth be provided with a copy of the report. Councillor Landers suggested that a copy of the above report should be provided to the residents of the subject area, and asked that the matter of speeding traffic be monitored and consideration be given to signage indicating the blind knoll in the area. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the 1991 Annual Report of the Recreation Department be received and filed and the Department be commended. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender of York Fluid Controls Ltd. be accepted for the supply of 16 confined space retrieval systems, at a cost of $1,639, each, plus taxes. Question being taken, the motion was carried. Read a report from the City Solicitor submitting for Council's consideration of third readings a proposed Traffic By-Law amendment and a proposed Parking Meter By-Law amendment, which were given first and second readings on June 22, with respect to parking on Chipman Hill (formerly Prince William Street). On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with respect to parking on Chipman Hill, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", 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, "A 83-630 COMMON COUNCIL JULY 6,1992 By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with respect to Chipman Hill, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. Read a report from the City Solicitor advising that, in accordance with the Common Council resolution of February 10, 1992, the City of Saint John filed with the Expropriations Advisory Officer on May 25, 1992, a Notice of Intention to Expropriate a parcel of land on the southern side of Thorne Avenue at its intersection with the western side of Bayside Drive; and that, as the Expropriations Advisory Officer on June 30, 1992, advised that no Notice of Objection had been filed with him within the time prescribed by the Expropriation Act, the municipality may now proceed in accordance with Section 19 of the Act; and recommending adoption of the submitted resolution, as confirmation of the Notice of Intention and authorization for possession of the lands is necessary, if Common Council wishes to proceed with this expropriation. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution February 10, 1992, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter described lands and premises was filed with the Expropriations Advisory Officer on May 25, 1992; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate; NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John; AND FURTHER whereas Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropriation Act. Chapter E-14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner no sooner than ninety (90) days after the date of registration of the Notice of Expropriation unless an earlier date is agreed to by the occupying owner; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are now occupied by the owners; 83-631 COMMON COUNCIL JULY 6,1992 NOW THEREFORE Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the ninety-first (91) day after the date of registration of the Notice of Expropriation or such earlier date as may be agreed to with owners and serving with a Notice of Possession upon each owner in occupation of the lands and premises." Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting as he was not present for the June 22, 1992 public hearings.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, (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 (b) 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 third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-276 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning (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, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-276 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 Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-277 A 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 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 Number 55002968).", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-277 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 83-632 COMMON COUNCIL JULY 6,1992 Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-278 A 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 third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-278 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 Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-279 A 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 third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-279 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 Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-280 A 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 third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-280 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. (Councillor M. Vincent re-entered the 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 June 22, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your committee submits the following recommendations, namely:- 1. That The Market Square Corporation be authorized to proceed to tender for the upgrading of Germain Street including the pedestrian link to Brunswick Square. 2. That funding in the amount of $9,060 be provided to the Aitken Bicentennial Exhibition Centre relative to the Centre's 1991 operations. 83-633 COMMON COUNCIL JULY 6,1992 3. That as recommended by the Mayor, Council approve the following appointments to committees of Cities of New Brunswick Association Inc.: Councillor Pat Landers - Environment Committee; Councillor Kathy Rogers - Tourism Committee; Deputy Mayor Shirley McAlary - to replace Mayor Wayne on the Transportation Committee; Councillor Joseph Coughlan - to remain on the Protective Services Committee; and Councillor Peter Trites - Resolution Committee. 4. That as recommended by the City Manager, Gemtec Limited be retained to continue work on the Spruce Lake landfill project on a per diem basis. 5. That as recommended by the City Manager, the owners of the Three Mile Tavern be granted a license, until April 30, 1993, to use approximately 26,000 square feet of City-owned land on McAllister Drive, generally as outlined on the submitted plan, at a rental of $600 per month. 6. That as recommended by the City Manager, the City acquire the property of Michael Drouillard at 71 St. James Street and that the following resolution be adopted by Common Council to start the acquisition process: "WHEREAS on April 7, 1992, the City of Saint John obtained a judgement of the Trial Division of the Court of Queen's Bench of New Brunswick under subsection 10(1) of the Saint John Building Act, 1925, in the amount of $6,750, together with court costs of $900, against Michael M. Drouillard, the owner of the fee simple, with respect to costs incurred by the City of Saint John in having his property at 71 St. James Street (New Brunswick Geographical Information Corporation parcel number 01620049), Saint John, N.B., demolished: AND WHEREAS a copy of the judgement was registered in the Saint John County Registry Office on April 16, 1992, in book 1566 as number 377464 at page 595: AND WHEREAS more than 30 days have passed since the registration of the judgement and the debt remains outstanding: IT IS HEREBY RESOLVED that the debt is outstanding and that a copy of this resolution is to be registered in the Saint John County Registry office pursuant to subsection 10(5) of the Saint John Building Act, 1925.". 7. That as recommended by the City Manager, (1) the land on Union Street identified as Part "A" and Part "B" on the submitted plan be acquired from Ellis-Don (Atlantic) Limited for a price of $24,063; and (2) the land on Union Street identified as Part "C" on the submitted plan be acquired from LaTour Terrace Ltd. under the following terms: (2.1) acquisition price $10,000; (2.2) the existing asphalt sidewalk to be replaced with concrete; (2.3) the existing stone curb to be replaced with a concrete curb and gutter and a curb cut to be provided to accommodate the existing loading area; (2.4) the existing asphalt entrance surfaces to be replaced with concrete to match new sidewalk; (2.5) the existing concrete curbed lawn areas to be replaced with five poured concrete planters with level tops and stepped to be approximately 6 inches above finished sidewalk grade; (2.6) planters to be prepared, planted and mulched as has been recommended by Brunswick Nurseries Ltd.; (2.7) the cost of appraisal work carried out for LaTour Terrace, in the amount of $984.40, to be reimbursed to it; and (2.8) the City agrees to support LaTour Terrace's request to Canada Post that the mailbox be moved from the street right-of-way to near the entrance to the building. 8. That as recommended by the City Manager, (1) Cadillac Fairview Corporation be permitted to use a portion of North Market Wharf for the period July 31 to August 3, 1992, for the Festival "Buskers On The Boardwalk", and (2) The Market Square Corporation be asked to formalize the agreement with Cadillac Fairview Corporation, including the provision of insurance to protect the City, and to coordinate the activities on North Market Wharf for the 1992 season. 9. That with regard to the request of the Loch Lomond Water Protection Association for the City to consider repurchasing the Airport land that had been proposed as a light industrial park, Council adopt the recommendation of the City 83-634 COMMON COUNCIL JULY 6,1992 Manager that the City not enter into negotiations with Transport Canada to purchase any Airport lands, and that the Loch Lomond Water Protection Association be so notified. July 6, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Gould 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 Landers Seconded by Councillor A. Vincent 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 McAlary RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. The Mayor asked that section 8 of the above report include the recommendation of the City Manager, considered in Committee of the Whole earlier 83-635 COMMON COUNCIL JULY 6,1992 this date, with respect to sponsorship of the closing ceremonies of the Buskers Festival. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that section 8 of the above report be adopted: AND FURTHER that as recommended by the City Manager, the City of Saint John agree to sponsor the closing ceremonies of the 1992 Buskers On The Boardwalk Festival to the extent of $5,000, with funds being charged to the City's unspecified grants budget. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that section 9 of the above report be adopted. Councillor Landers expressed opposition to the above motion on the basis that the property should be acquired as it is within the City's watershed and that to jeopardize the City's water supply in any way for a small amount of money is not warranted. Question being taken, the motion was carried with Councillors Landers, Rogers and A. Vincent voting "nay". The Mayor called for a motion to add to the agenda of this meeting a recommendation from Legal Session of Council earlier this date concerning B.L.E.U. Non-Profit Housing Inc./169147 Canada Inc. and property on St. James Street, known as Blue Rock Hill; and a Nominating Committee recommendation for appointments to The Market Square Corporation. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that the two above- mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the City acknowledges receipt of the acceptance by 169147 Canada Inc. of the City's offer and will purchase from the Company the fee simple title to the lands described in a deed registered in the Saint John County Registry Office on January 3, 1991, in book 1472 at page 450 as number 367410, for the purchase price of $20,268.40 plus outstanding taxes. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the Nominating Committee, Thomas L. McGloan and Samuel Davis be appointed to the Board of Directors of The Market Square Corporation for a term of three years. 83-636 COMMON COUNCIL JULY 6,1992 Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, June 23, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Council adopt Appendix "B", as submitted, as the Establishment for the Fire Department. July 6, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that above report be received and filed and the recommendation therein be adopted. The Mayor confirmed that the recommended Establishment is the same as the Department has had in the past; and Councillor Knibb expressed opposition to the above motion on the basis that management staff recommended a reduction in the number of District Fire Chiefs, and of one company in view of the new pumper, and that the above-recommended Establishment jeopardizes the possibility of having a balanced budget next year, and asked Council's reconsideration of the best professional advice, which is supported by the insurance company that the City is not putting any citizens at risk by the change. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the 1991 Annual Report of the Saint John Parking Commission be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of Hilyard Street (photo-reduction submitted) with respect to the vesting of Parcel G as a public street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council amend its assent of March 30, 1992, with respect to the vesting of Cullinan Avenue in the Westgate Park Subdivision, 83-637 COMMON COUNCIL JULY 6,1992 in accordance with the submitted photo-reduced subdivision plan; (2) Common Council assent to the required municipal services easement; and (3) Common Council approve the acceptance of Parcel 'A' by deed. 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, authority be given for the execution of an agreement, pursuant to Section 101 of the Community Planning Act, between the City and the applicant, Stephen Bettle of Eastmount Holdings Ltd., with respect to an addition to the vehicle service centre at 472 Rothesay Avenue, providing for the following:- (a) the site shall be developed in accordance with a detailed site plan showing parking, curbing, landscaping, fencing, to be approved by the Development Officer which will be attached to and form part of the agreement; (b) ownership of the parcel of land identified as NBGIC Number 415240 will be sought out with the intent of developing parking for an additional 10 cars in a manner to be approved by the Development Officer; (c) the applicant shall acquire a parcel of land measuring a minimum of 35 feet wide and 100 feet in depth and is adjacent to the development of the subject site, currently a portion of land identified as NBGIC Number 307256 (see submitted plan), to be used by Eastmount Holdings Ltd. for on-site parking for this development; (d) a detailed drainage plan be submitted to the Engineering Department for its approval which will prohibit water run-off onto adjoining properties; (e) there be a letter of agreement between the applicant and the concerned abutting property owner agreeing to a specific style of fence, such agreement to be signed by both parties and submitted to the Development Officer for approval at the same time of building permit approval; (f) only conditions (a), (c), (d) and (e) be completed within 6 months of a building permit being issued; (g) no outdoor storage and/or litter be permitted unless it is completely enclosed by a garbage bin, located on-site; (h) the applicant submit any and all detailed plans to the Building Inspector for approval, prescribing engineering standards, designs and techniques to be followed in the proposed development within the flood risk area of this site; and (i) the applicant enter into such security arrangements as staff may, in its absolute discretion, deem appropriate to ensure the conditions are complied with. During discussion Mr. Bedford advised that a Section 101 agreement will be executed with the applicant before any permits are issued, and the conditions of the agreement will ensure that all of the concerns with respect to drainage will be addressed and, in addition to the agreement, there is a requirement for security to bond the work that is proposed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Mr. Neil Hickey, Co-Chairperson of Promotions for the Emergency Medical Symposium to be held at the Saint John Regional Hospital on October 16 and 17, 1992, requesting a financial contribution to assist with the Symposium -- be referred to the City Manager. The initial motion proposed was to refer the above matter to the City Manager for a report and recommendation and, upon Mr. Wilson observation that the above request falls within the jurisdiction of the City Manager, the motion was changed accordingly. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the letter from the Buck Family on Sand Cove Road at McLaren's Beach expressing opposition to the Irving Tissue and Irving Pulp & Paper's proposal to place a 65-acre toxic waste treatment plant on Sand Cove Road at Sheldons Point -- be referred to the Planning Advisory 83-638 COMMON COUNCIL JULY 6,1992 Committee. The initial motion proposed by Councillor Knibb and seconded by Councillor Landers to receive and file the above letter was subsequently withdrawn upon Councillor Rogers' observation that the above proposal could be the subject of a public hearing, and the Mayor called for a motion to refer the letter to the Planning Advisory Committee. Question being taken, the motion was carried. Consideration was given to letters from (i) the Crescent Valley Tenants Association submitting a copy of a letter sent to The Honourable Elmer MacKay, Minister Responsible for Housing, expressing its willingness to work with the Rifle Range Veterans Housing Development in developing its own tenant association; and (ii) the Rifle Range Veterans Housing Committee submitting a copy of correspondence forwarded The Honourable Elmer MacKay protesting the disgraceful deterioration of the exterior facade of the Rifle Range Veteran Housing Development on Churchill Boulevard, and photographs of some of the row house buildings showing the extent of the disrepair and long-term neglect by the landlord, Canada Mortgage and Housing Corporation; and soliciting Council's support in this matter so that the present run-down appearance of the exterior facade of the buildings will not be allowed to continue and resemble slum housing in this community. On motion of Councillor McAlary Seconded by Councillor Rogers RESOLVED that a letter be forwarded, under the Mayor's signature, to The Honourable Elmer MacKay, Federal Minister Responsible for Housing, endorsing the position of the Crescent Valley Tenants Association and the Rifle Range Veterans Housing Committee with respect to the Veteran Housing Development on Churchill Boulevard, and that a copy of the letter be forwarded to Saint John's M.P., The Honourable Gerald Merrithew. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the letter from the Nominating Committee of the Organizing Group for First Night Saint John advising that Centenary-Queen Square United Church has held a series of meetings with representatives of organizations and companies from across Saint John and has determined that considerable interest exists in establishing a First Night event, which is a community celebration of New Year's Eve that is held in over 70 communities across North America; also advising that the Nominating Committee is now in the process of contacting organizations to request appointments to the Board of Directors for First Night Saint John; and requesting that Mr. Bernie Cormier, the City's Cultural Affairs Officer, be appointed to the Board to represent the City of Saint John, and that his appointment be confirmed by July 9, the date proposed for the first Board meeting to take place -- be received and filed and Council approve Mr. Cormier's appointment to the Board. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from The Marco Polo Project submitting a copy of a letter from the Village Historique Acadien in Caraquet endorsing the Marco Polo Project -- be received and filed. Question being taken, the motion was carried. 83-639 COMMON COUNCIL JULY 6,1992 On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the application of Wendy E. Fowler for the re-zoning of property on Ian Street Extension 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 August 17, 1992. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Assistant Common Clerk