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1992-08-17_Minutes 83-690 COMMON COUNCIL AUGUST 17,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of August, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, Acting City Manager; J. Nugent, 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; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; D. Logan, Purchasing Agent; S. Lodhi, Manager, Building Maintenance; L. Graham, Supervisor, Data Processing; B. Totten, Superintendent, Street Cleaning; A Martin, Assistant Deputy Chief of Police; G. Ingraham, Assistant Deputy Chief of Police; R. Johnston, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on Tuesday, August 4, 1992, be approved. Question being taken, the motion was carried. The Mayor noted a fashion show to be held on August 21 by the St. John Ambulance Volunteer Service as a fund-raising event; also noted the number of letters received from passengers of the Queen Elizabeth 2 Cruiseship (copies of which were forwarded to Council members as an information item); advised that the Friends of St. Joseph's Hospital, under the chairmanship of Mr. Esmond Barry, will be having an information meeting on August 26 at St. Malachy's High School on the current and future role of the Hospital; and also advised that on August 31 she and Economic Director D. O'Leary will be in Boston, Massachusetts, U.S.A, at the invitation of Boston Mayor Flynn to attend a special meeting he is having for elected and certain appointed officials throughout North America to discuss infrastructure, as well as economic development, and that Deputy Mayor McAlary will be chairing the August 31 Council meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the Mayor's letter concerning underground wiring, and the City Manager's report regarding the sale of the lessor's interest in 103 Leinster Street (both of which were on the Committee of the Whole agenda on this date); and a copy of a letter to the Assistant City Manager- Operations from residents of Anthonys Cove Road (copies of which were forwarded to Council members as an information item), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at the east end of Ian Street, having NBGIC Numbers 55089221, 55089239 and 55089249, 83-691 COMMON COUNCIL AUGUST 17,1992 (formerly part of NBGIC Number 338863), from "RS-2" One- and Two-Family Suburban Residential to "R-1 B" One-Family Residential classification, to permit the development of four lots for one-family dwellings on an extension of Ian Street, as requested by Wendy E. Fowler, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed re-zoning. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's August 11 meeting at which the applicant expressed agreement with the recommendation in the report and the Committee adopted Planning's recommendation which included a variance to permit a reduced diameter for the temporary turnaround and approval of the name Ian Street; advising that the Committee also discussed the proposed payment of money in lieu of land for public purposes and adopted an additional resolution recommending that this sum be used for development of recreational facilities in the immediate community; and recommending that (1) the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land located at the east end of Ian Street, having NBGIC Numbers 55089221, 55089239 and 55089249 (formerly part of NBGIC Number 338863), from "RS-2" One- and Two-Family Suburban Residential to "R-1 B" One-Family Residential classification; (2) if and when third reading is given, Common Council (a) assent to one or more subdivision plans showing one or more phases and prepared in accordance with the submitted tentative plan with respect to the proposed extension of Ian Street, temporary turnaround, and any required easements; (b) accept the sum of $3,060 as money in lieu of land for public purposes; and (c) authorize the preparation and execution of a City/Developer subdivision agreement to ensure construction of the proposed street, temporary turnaround, and the extension of municipal services and public utilities to required standards; and (3) the $3,060 payment of money in lieu of land for public purposes shall be used in the immediate community, and preferably at Grandview Avenue School. Mr. Totten noted that recommendation (3), which is attempting to earmark monies taken in lieu of land for public purposes to a specific site, coming forward from the Planning Advisory Committee is not a common situation; and requested that Council consider tabling recommendation (3) to allow staff the opportunity to report to Council on the ramifications of earmarking specific sums for specific areas. 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 the east end of Ian Street, having NBGIC Numbers 55089221, 55089239 and 55089247 (formerly part of NBGIC Number 338863), from "RS-2" One- and Two-Family Suburban Residential to "R-1 B" One-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 a parcel of land located at the east end of Ian Street, having NBGIC Numbers 55089221, 55089239 and 55089247 (formerly part of NBGIC Number 338863), from "RS-2" One- and Two-Family Suburban Residential to "R-1 B" One-Family Residential classification, be read a second time. Councillor M. Vincent asked what, if any, problems might occur if there is any delay in the extension of Ian Street due to the lack of curbing on the temporary 83-692 COMMON COUNCIL AUGUST 17,1992 turnaround, in that there has been a number of cases of this nature before where further development has not occurred and there have been problems snowplowing the cul-de-sac areas. Mr. Robichaud explained that the cul-de-sac would be constructed so that snow can be removed and confirmed that staff anticipates encountering no problems in the winter months in the absence of curbing. 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 McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. The initial motion proposed was to receive and file the above report and to refer recommendation (3) to the City Manager; such motion changed to that above in view of Councillor M. Vincent's suggestion that, while he understands and agrees with the Acting City Manager's intent and request, Council should delete the recommendation and not deal with it at all in that it is a dangerous precedent due to the fact that there are many other areas of this nature in the City, one being a large playground area in Champlain Heights that, although fenced in, is empty. The Mayor suggested that, as there are no recreational facilities in the immediate area, this matter should be considered in conjunction with the City's programs with the School Board. Councillor A. Vincent asked if it is the intent of City staff to submit a full report in this regard prior to third reading of the proposed re-zoning, to which the Mayor suggested that the matter of playgrounds in areas such as Champlain Heights and Grandview Avenue should be reviewed by staff for a report to Council. Mr. Totten explained that a policy is now being developed with respect to land for public purposes and that, from an administrator's point of view, the designation of money in lieu of land for public purposes specifically for the particular area from which it was taken would result in the development of a number of trust funds; therefore, staff is of the opinion that neighbourhoods should be targeted where the funds should be utilized thereby making a definite impact on the community. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne advising that she has been approached by business people on Union Street as to when they can expect to see underground wiring placed on this Street; and asking that the City Manager have the appropriate staff look into this inquiry and report to Council with a follow-up -- be referred to the City Manager for consideration in the Capital Budget. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the Estate of Annie George, the present lessee of the property at 103 Leinster Street, has asked the sale price for the land which is improved with a three- storey brick building that occupies most of it; also advising that the lease includes a clause permitting renewals at the same rent of $10 per year and, if the City decides not to renew, any building located on the lot must be purchased, and the present lessee, the Estate of Annie George, has agreed to sell the property and the transfer is to take place August 31; further advising that the appraised value of the City's interest is estimated to be $6,800 and it was agreed on August 12 to purchase it for $3,400; and recommending that (1) the City's interest in the land at 103 Leinster Street, known as Corporation Lot 468 Queens Ward, be sold to Nave J. George in his capacity as administrator of the Estate of Annie George, for a price of $3,400; (2) the transfer take place on or before August 31, 1992; and (3) the sale of the City's interest be considered in both Committee of the Whole and open session on August 17, 1992. 83-693 COMMON COUNCIL AUGUST 17,1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) the City's interest in the land at 103 Leinster Street, known as Corporation Lot 468 Queens Ward, be sold to Nave J. George in his capacity as administrator of the Estate of Annie George, for a price of $3,400; and (2) the transfer take place on or before August 31, 1992. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the copy of the letter to the Assistant City Manager - Operations from Dawn Daigle on behalf of residents of Anthonys Cove Road, regarding the condition of the Road -- be referred to the City Manager for follow-up directly with the residents. Mr. Robichaud advised that he referred the above matter to the Works Department and has not yet had a report, and that he would anticipate that a report could be submitted to the next meeting of Council. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Jack Kimm, President of The Duke of Edinburgh's Award Program, asking for an investment in the future of young Canadians through a financial contribution -- be referred to the City Manager for consideration of an amount not to exceed $500 depending on the City Manager's recommendation. The mover and seconder of the initial motion to refer the above matter to the City Manager to determine the amount being requested and report to Council concurred with Councillor M. Vincent's suggestion that a maximum amount should be set depending on staff's recommendation. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, inviting Council members to the 1992 Municipal Orientation Session on September 17 and 18 -- be received and filed. The Mayor asked that Council members planning to attend the Session to so advise the Common Clerk so that the necessary arrangements can be made. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary 83-694 COMMON COUNCIL AUGUST 17,1992 RESOLVED that the letter from Mayor Wayne submitting a copy of a newspaper article that appeared in The Telegraph Journal on August 5 concerning the Province's opening of an office to process college admissions, as well as a copy of her letter to The Honourable Vaughn Blaney, Minister of Advanced Education and Labour, in which she comments on the newspaper article, as well as on omissions from the article that have been brought to her attention about decisions which, she understands, were made without any input from the front-line workers, most of whom have grave concerns about the efficiency and effectiveness of such a system, and asking the Minister to give some further consideration because the City of Saint John cannot afford to lose any more jobs with its present unemployment rate and its need of a process to encourage young people to become better educated - - be received and filed and Council endorse the Mayor's letter to The Honourable Mr. Blaney, and also that this matter be included on the agenda for discussion at the next meeting with the local MLAs. The Mayor expressed concern that three and a half regular positions, plus two casual positions are being eliminated at the Saint John Community College and that similar lay-offs are occurring at other colleges, and that it is the Province's intent to locate an admissions office in the Hotel Dieu Hospital in Campbellton when Saint John Community College already has an admissions office which can service its people; and further that a fee of $15 has to be paid for an application which is not refunded if the application is not accepted. The Mayor noted that, having asked for a meeting with the Minister, she will advise Council as to the time and date of the meeting in that she anticipates asking some of the Council members to accompany her. Question being taken, the motion was carried. Read a letter from Mayor Wayne seeking Council's formal approval to allow the Seniors' Games to incur expenses, up to a maximum of $7,500, to initiate the Organizing Committee's activities in that, on August 10, two representatives of the Seniors' Games Organizing Committee came to her office regarding timing constraints and the Committee's difficulty to initiate action to organize the Games without some funds being advanced to it; advising that, after talking to all but two Councillors (Joseph Coughlan and Arthur Gould) by telephone to explain the difficulties, she advised the Organizing Committee that an advance of $7,500 could occur to enable the activities to commence immediately; and seeking Council's formal approval of this action through adoption of the submitted resolution. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that Council approve an advance of $7,500 from the $20,000 approved funds for the Provincial Seniors' Games. The Mayor noted the presence in the Council Chamber of Messrs. Gerry Hudson and Gerry Burke who are involved in organizing the Games. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Deputy Mayor McAlary commending the staff members of the Parks Department and the Works Department for the excellent maintenance and program that they have provided for the uptown area of the City -- be received and filed and posted in the Works and Parks Departments. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor A. Vincent RESOLVED that the letter from 83-695 COMMON COUNCIL AUGUST 17,1992 Deputy Mayor McAlary commending Her Worship Mayor Elsie Wayne for her tremendous efforts on welcoming and promoting the City of Saint John to all the passengers on board the Queen Elizabeth 2 Cruiseship on its visit to the City on August 5 -- be received and filed. Deputy Mayor McAlary noted Councillor Knibb's efforts in welcoming the Queen Elizabeth 2 as the Town Crier; and Councillor Coughlan noted that The Boston Globe newspaper printed a map of the Queen Elizabeth 2 route which included St. John's, Newfoundland as part of the Cruiseship's route rather than Saint John, New Brunswick, and suggested that the Mayor should correspond to the appropriate person expressing Saint John's concern in this regard. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that the letter from Deputy Mayor McAlary recommending that the sound system in the Council Chamber for the position where the Common Clerk presides be improved in that it has been brought to her attention that it is very difficult for the public, both in the Council Chamber and on the television, to hear the agenda; and suggesting that it would also be easier for the general public to understand the agenda if Council allowed the Common Clerk to complete the reading of each agenda item before any Council member moved or seconded the item -- be received and filed and the matter be followed-up. The Mayor advised that the Common Clerk has informed her that a second microphone will be installed which should rectify the situation in that the current set-up provides one microphone which is shared by the Common Clerk and the City Solicitor. Councillor Gould made the observation that former Councillor Hugh Fitzpatrick, who occupied the place at the Council Chamber where Councillor Gould is presently seated, was frequently criticized because he could not be heard, and that recently he has had telephone calls from people indicating that they cannot hear him since he took over former Councillor Fitzpatrick's seat; therefore, the microphone must have something seriously wrong with it and should be fixed; and he asked how frequently NB Tel checks the equipment, to which Mrs. Munford replied that NB Tel checks the equipment only when called to do so. Councillor M. Vincent suggested that Fundy Cable could display the Common Council agenda item concurrently with Council's consideration of the item, and also air the Council agenda prior to the meeting for the benefit of the television audience. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor A. Vincent regarding the Board of Trade membership be withdrawn from the agenda at this time. Question being taken, the motion was carried. Mr. David Drummond, President of Keep Saint John Beautiful Inc., addressed Council on the activities of the group to date, including its receipt of one of only four national American recycling awards for its tree mulch, its annual telephone book drive and Glad bag-a-thon projects, as well as its involvement in litter containers, park and neighbourhood clean-ups, school environmental education programs and construction site clean-ups; and advised that Keep Saint John Beautifullnc.'s plans for this year include all of its high-profile events and a new waste exchange idea, with its goal over the next few years to become more self-sufficient in its programming. Mr. Drummond expressed appreciation to the City of Saint John for its assistance and for the assistance of City employees Murray Jamer, Barry Totten and David Baird. The Mayor thanked Mr. Drummond for his presentation and noted the 83-696 COMMON COUNCIL AUGUST 17,1992 presence in the Council Chamber of Gay Wittrien, Executive Director of Keep Saint John Beautiful Inc., Bob MacVicar, Vice President, and Barry Totten of the Works Department; and during discussion Mr. Drummond agreed to review the possibility of obtaining litter receptacles in the shape of animals, as suggested by the Mayor as a possible way of encouraging children not to litter; and, with regard to Councillor A. Vincent's comments about litter falling from trucks without tarps, the Mayor suggested that consideration could be given to a policy that would penalize truck drivers who arrive at the landfill site without tarps. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-5901-T Works GaraQe - Rothesay Avenue Gulf Operators Ltd. Supply and install fuel tanks Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated August 12, 1992 $18,725.00 18,725.00 Nil 14,324.62 $ 4,400.38 Question being taken, the motion was carried. On motion of Councillor Gould 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 91-0825T Works GaraQe - Rothesay Avenue Atlantic Air Cleaning Spec. Ltd. Improvements to ventilation Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated August 12, 1992 $19,998.49 19,998.49 Nil 16,998.71 $ 2,999.78 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0833 T East Works GaraQe & Fire Station #4 Choice Drywall Ltd. Windows and Panels replacement Original contract amount Total work done, Estimate Number 3 $39,760.00 39,760.00 83-697 COMMON COUNCIL AUGUST 17,1992 Retention Payments previously approved Sum recommended for payment, Progress Number 3, dated August 9, 1992 Nil 33,796.00 $ 5,964.00 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0827-BT Park StoraQe BuildinQ - Adelaide Street Choice Drywall Ltd. Renovations Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated August 12, 1992 $39,000.00 39,000.00 Nil 32,604.00 $ 6,396.00 Question being taken, the motion was carried. Read a report from the City Manager advising that, further to Common Council resolution of April 29, 1991 concerning the Meadow Land Subdivision at 1100 Sand Cove Road which authorized an exchange of the six-acre land for public purposes for other land within the subdivision (see submitted plan A), a tentative plan was submitted and assented to by Council on November 12, 1991 which, when developed, would have the result of accepting new lands for public purposes and developing a majority of the original six-acre City-owned property (see submitted plan B), and that plan C, as submitted, has been submitted by the surveyor for Manford Thompson Construction Company Limited as a means of facilitating the transfer; proposing the transfer of only the portion of the City's original six acres which will be developed and the City would retain those portions of the six-acre parcel which are to be land for public purposes in the final development, such plan to, in effect, combine the land exchange and the vesting of the land for public purposes for the whole subdivision; and explaining that, as the Legal Department has advised that this process is not permitted by the original approval, a recommended motion has been suggested by the Legal Department to provide clear authorization to proceed. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) Common Council assent to the subdivision plan entitled "Subdivision Plan, City of Saint John, and Manford Thompson Construction Company Limited Subdivision" which is dated May 5, 1992, and is submitted; and (2) Common Council resolve to convey to Thompson the specifically-identified area when and only when the above-noted subdivision plan has been filed in the Registry Office, thereby vesting in the City the L.P.P. shown on that plan. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, with regard to Common Council resolution of June 22, 1992 authorizing the sale of land 83-698 COMMON COUNCIL AUGUST 17,1992 at 321 Princess Street to Barry Stewart, the property is to be in the name of Mrs. Stewart's wife, which requires an amendment to the Council resolution. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council resolution of June 22, 1992 concerning the sale of the property at 321 Princess Street be amended by changing the name of the purchaser from Barry Stewart to Barbara Stewart. Question being taken, the motion was carried. Read a report from the City Manager advising that, further to Common Council resolution of August 4, 1992 authorizing the purchase of the property at 279 Main Street as part of the land acquisition for the new Fire Station #5, re-zoning of the parcel is now required in order to use the property for a station; and recommending that the City initiate the necessary application for the re-zoning of the property at 279 Main Street from "RM-2" High-Rise Multiple Residential to "US" Utility classification, and Common Council set September 28, 1992 as the date for the public hearing to consider such application. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the City initiate the necessary application for the re-zoning of the property at 279 Main Street and that the matter be referred to the Planning Advisory Committee for a report and recommendation, and that the necessary advertising be authorized in this regard, with the public hearing to be held on September 28, 1992. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the 1992 assessment of the completed housing project at 269 Princess Street has now been received and the final Housing Through Infill Development grant is higher than that approved by Council on December 17, 1990; submitting a summary of the calculations in this regard; and recommending an increase in the H.I.D. grant from $19,200 to $23,700. On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Housing Through Infill Development grant relative to application #90- 5, in favour of Peter Pappas, for the project at 269 Princess Street, be increased from $19,200 to $23,700. Question being taken, the motion was carried. The Mayor advised that the Acting City Manager has asked that the City Manager's report concerning the computer-aided dispatch for emergency services be withdrawn from the agenda for a further report. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above-mentioned report from the City Manager be withdrawn from the agenda of this meeting for a further report. Councillor M. Vincent asked that the anticipated report address the cost associated with the Chief's software for the system as to why he would have special systems as compared to the nerve system of the operation. 83-699 COMMON COUNCIL AUGUST 17,1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Kincade Roofing (1989) Ltd., in the amount of $13,112, be accepted for roof repairs at the Reversing Falls Tourist Bureau and the Old Provincial Building at 39 Princess Street. 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 application of Diamond Taxi (Saint John) 1982 Ltd. have been completed, and that the required waiting period for objections expired on August 5, 1992, with a letter of objection having been received from M. Gertrude Owens. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Diamond Taxi (Saint John) 1982 Ltd. for a Municipal Plan amendment and re-zoning of 116 Queen Street and 183 Carmarthen 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 September 28, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-284 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending (1) Section 20 by: (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-10 as amended and regulations thereunder"; (e) adding the following definition of "lounge": '''lounge' means premises licensed as a lounge under the Liquor Control Act"; and (f) deleting the definition of "tavern"; (2) deleting all existing references to the term "tavern or cabaret" in the Zoning By-Law and replacing them with the term "beverage room, club or lounge"; (3) amending Section 550, ShoppinQ Centres (SC), by adding new subsections 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 Numbers 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 Number 304783) at 212-250 McAllister Drive."; (4) amending Section 620, LiQht Industrial (1-1), 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 Numbers 301937,55020853, 55020861 and 55020846) at 607-609 Rothesay Avenue."; and (5) amending Section 730, Park (P), by adding the following conditional use to subsection 730(1)(b): "- as a secondary use to a restaurant, a beverage room, club or lounge", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-284 A Law To Amend 83-700 COMMON COUNCIL AUGUST 17,1992 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 Trites Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-285 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 810(5)(a) to read as follows:- "Self-service of gasoline and other motive fuels dispensing may be permitted for the general public only when full service dispensing is provided at the same retail site during all hours of operation.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-285 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 with Councillors Gould, Landers, Rogers, A. Vincent and M. 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 July 20, 1992, when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That Common Council grant approval to Saint John Non-Profit Housing Inc. to utilize up to $250,000 from the Rockwood Court Trust Fund as the Company's equity input towards the Newman Street project. August 17, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. 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, August 4, 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 as recommended by the City Manager, Common Council approve 83-701 COMMON COUNCIL AUGUST 17,1992 the Housing Through Infill Development application of Grey Ledge Developments Ltd. relative to its project at 3 Newman Street, such grant estimated at $103,590. 2. That as recommended by the City Manager, Common Council advise the Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., that the City will fund the installation of 19th-century doors on the Fire Fighters' Museum at 24 Sydney Street, up to $4,178. 3. That as recommended by the City Manager, The Market Square Corporation be given sufficient funds (not to exceed $35,000) to undertake the hiring and employment of an Operations Manager and Executive Secretary until such time as the Saint John Regional Exhibition Centre Commission is formed, the engagement of staff to be on the recommendation of Mr. Neil Campbell. August 17, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 83-702 COMMON COUNCIL AUGUST 17,1992 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. (Rescinded October 19, 1992 Bk. 83 Pg.798 ) Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary 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 M. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the report from the Planning Advisory Committee advising of its agreement that Option #1, as explained in the submitted copy of a report from the Planning Department, should be used to develop Zoning By-Law amendments with respect to mobile signs, which would result in specific standards being developed to permit mobile signs in more business locations than at present; also advising that only limited input has been received from the business community and, prior to recommending specific amendments, input will be solicited from the sign industry, business community and the public; and recommending that Option #1 be used as the basis for amendments to the Zoning By-Law --- be received and filed and the recommendation be adopted. The Mayor asked if there would be any extra costs to businesses through Option #1 to which Mr. Bedford replied that, at this time, he could not indicate whether there would be an extra cost and that it is hoped through the process to clarify and reduce the kind of paperwork necessary for businesses to have mobile signs and, in the long run, hopefully there would be a reduction in cost. 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, Common Council authorize the preparation and execution of an agreement with Howard Hawkes, pursuant to Section 101 of the Community Planning Act, confirming that the building at 795 Ontario Street will be used only as an accessory building to a residential use, and will not be used for any commercial or industrial purpose. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Office of the City Clerk of Vancouver, British Columbia, citing a resolution adopted by 83-703 COMMON COUNCIL AUGUST 17,1992 the Vancouver City Council on July 28 concerning the Federal Government's proposal to spend $4.3 billion to procure 50 high-tech anti-submarine EH-101 helicopters offshore, and calling upon the Federal Government to cancel the proposed purchase in favour of a more appropriate, affordable solution and divert the savings to other more pressing needs of Canadians -- be received and filed and forwarded to The Honourable Gerald Merrithew, Minister of Veterans Affairs and Saint John's M.P., for comment. The motion initially proposed by Councillor Coughlan and seconded by Deputy Mayor McAlary to support the City of Vancouver's resolution was withdrawn in view of Councillor Knibb's observation that Council should not get involved in the above matter and Council members, who have a strong opinion to make, should make their opinions known to the Federal M.P. personally; and Councillor M. Vincent's suggestion that Council should be very careful in carte-blanche endorsements of resolutions of other municipalities which may not have the vested or future vested interests that Saint John may have and his concurrence with Councillor Knibb with respect to the expression of opinions personally to the Federal M.P. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Clayton and Glen Holdings Limited for a Zoning By-Law text amendment regarding 170 Charlotte 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 September 28, 1992. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the letter from Mr. Harold Walker asking that the City take corrective action to replace or repair the break in his waterline which happened when the City's workmen dug onto his property at 237 Crown Street -- be received and filed. Councillor Coughlan proposed a motion to have the City Manager brief Council on the above matter at the earliest convenience. The Mayor clarified that she did not meet with Mr. Butler, as indicated in the above letter, on the basis that the matter was in the hands of the City Manager and the City Solicitor, although Mr. Butler did speak to her at the elevator, and advised that the situation has been looked after and staff is still dealing with Mr. Walker and his lawyer. Mr. Robichaud advised that both the water and the sewer line have been replaced and it is very clear that it is not a City problem and the City has the salvaged pipe to demonstrate that, and also that Water and Sewerage Director W. Butler is working with Mr. Walker in order to work out a long-term repayment to the City of Saint John. The Mayor called for a motion to receive and file the above letter, and Mr. Robichaud confirmed that, with regard to Councillor Coughlan's concern that there should be communication with Mr. Walker, Mr. Butler is, has been and will continue to be in constant contact with Mr. Walker until the issue is resolved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the fourteen letters from Messrs. Garry Prosser and Edward Doyle regarding various matters, including the abandoned sewage lagoon in the Harbourview Subdivision, Red Head; City representation at public meetings; street cleaning - temporary dump sites of sand, etc.; 83-704 COMMON COUNCIL AUGUST 17,1992 dumping of street paving excess material; strengthening of by-laws; mounds of unsafe and unsightly topsoil, Harbourview Subdivision area; fire-damaged house at 360 Red Head Road; Irving Paper Limited - waste oil facility; Irving Paper Limited - treatment plant, Red Head Road/Hazen Creek; applications received for land use that are similar or compatible to the current zoning; mandatory advertising for Planning Advisory Committee hearings; air quality - East Saint John/green buffer zone; garbage dumping - rear of Harbourview Subdivision; and garbage dumping - access road, McAllister Industrial Park to Red Head Road -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk