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1992-09-21_Minutes 83-742 COMMON COUNCIL SEPTEMBER 21, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of September, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites and A Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; P. Groody, Commissioner of Human Resources; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works; D. Logan, Purchasing Agent; R. Johnston, Deputy Fire Chief; D. Sherwood, Chief of Police; B. Fillmore, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father Michael LeBlanc of St. Joseph's Roman Catholic Parish, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that minutes of the meeting of Common Council, held on September 14, 1992, be approved. Question being taken, the motion was carried. Councillor Coughlan proposed a motion to add to the agenda of this meeting a letter (copies of which were forwarded to Council members as an information item) concerning a forthcoming national convention in Saint John of the Premier's Round Table on Environment and Economy, to which the Mayor indicated in the negative on the basis that Council has yet to consider an item in this regard. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that letters (which were on the Committee of the Whole agenda of this date) from (a) the Save Our Shores Committee regarding Council's refusal to meet with this group concerning Irving Pulp and Paper's proposed waste treatment lagoon in Saint John West; and (b) Ms. Phyllis Knox regarding the proposed waste processing lagoon, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Read a letter from Mayor Wayne advising that Mr. Roland B. Urquhart, Sales Representative for the Shriners' Yearbook and Masonic Director, has requested her to provide a message by the City of Saint John for the 1993 Yearbook. The Mayor advised a request was sent to her residence on the weekend, because of the timing, for the City to place a page advertisement in the Oldtimers' Hockey Challenge brochure, and asked that Council consider doing so, subject to the City Manager and appropriate staff reviewing the matter to determine the benefits to the City. 83-743 COMMON COUNCIL SEPTEMBER 21, 1992 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the City of Saint John provide a message for the 1993 Shriners' Yearbook: AND FURTHER that the City consider placing a page advertisement in the Oldtimers' Hockey Challenge brochure, subject to the City Manager and appropriate staff reviewing the matter to determine the benefits to the City of placing such an advertisement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract91-10 Latimer Lake Fluoride System Security Mechanical Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention 1 Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated September 15, 1992 Partial release of holdback. $399,500.00 377,486.67 9,050.00 301,325.00 57,111.67 3,736.28 $ 57,111.67 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 Erb's Enterprises, in the amount of $43,900, including all taxes, be accepted for miscellaneous renovations to the Works Garage - East. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Akzo Salt Ltd., at a cost of $33.62 per tonne, be accepted for supplying and delivering salt for the 1992-93 winter season. 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 Interiors With Distinction, in the total amount of $13,508.98, plus taxes, be accepted for the provision of furniture for the Interpretation Centre at Rockwood Park. Question being taken, the motion was carried. 83-744 COMMON COUNCIL SEPTEMBER 21, 1992 On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Atlantic Building Contractors (1992) Ltd., in the amount of $164,230, including all taxes, be accepted for the design and construction of a pre- engineered building to be located in the Works Department Depot North - Mcintosh Street. Mr. Jamer advised that the above building extension will partially replace garage space which was lost a few years ago when it was necessary to remove a building, and will allow for amalgamation of the traffic function in the North End which should result in efficiencies, as well as allow one piece of the traffic function to relocate from the East facility to the North End thereby eliminating the old trailers at the former facility as the employees who currently occupy the trailers, which have been a very high-maintenance item over the years, will be moved into the East facility. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Contract 92-22: Westmorland Road storm sewer, be awarded to the low tenderer, Kevin H. Steele Contracting Ltd., at the bid price of $78,984, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that 049021 N.B. Ltd. (Chilly Willy) ceased operation in the City Market on September 12, 1992, and that Saint John Produce Co. Ltd. wishes to close part of its operation at the City Market, due to insufficient business, effective September 30, 1992; and submitting a recommendation for Council's consideration in this regard. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of March 23, 1992 which reads: "Resolved that as recommended by the City Manager, the Legal Department prepare new leases with the changes as indicated in the above report, and that the Mayor and Common Clerk be authorized to execute the new leases."; be rescinded with respect to 049021 N.B. Ltd. (Chilly Willy); and the motion of March 30, 1992 which reads: "Resolved that as recommended by the City Manager, the City Solicitor prepare a lease between the City of Saint John and Saint John Produce Co. Ltd. for stall #4 at the City Market, and the Mayor and Common Clerk be authorized to execute the lease.", be rescinded. Question being taken, the motion was carried. Read a report from the City Manager recommending, with respect to the August 17 request of the Health Action Council for a donation of $2,500 from the City towards the cost of its inaugural Festival, that Council grant $2,500 to the Health Action Council as the City's contribution to the "Check Wellness" Festival; and commenting on the Health Action Council, the formation of which was endorsed by Council in December 1991 in response to one of the community's Goals: "improve community health.". On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that a grant of $1,500 be approved as the City's contribution to the Health Action Council's "Check Wellness Festival". 83-745 COMMON COUNCIL SEPTEMBER 21, 1992 The motion initially proposed was to adopt the City Manager's recommendation, such motion subsequently withdrawn during discussion. Councillor Knibb, in advising that he would be prepared to support the Festival to some but not a great extent, questioned the payment of $4,000 to hire a co-ordinator for a Festival which lasts only a half day; and suggested that the City could consider a grant of $1,500, which was the amount contributed by the Provincial Department of Health and Community Services. Councillor Trites, in expressing support for a grant of $1,500, advised his concern about the precedent that could be set by approving a grant for the Health Action Council which is one of many groups that evolved from the Goals For Saint John in one way or another, as well as about the fact that, while at the time of the last presentation it was indicated that a thousand requests had been forwarded to the medical and business community for support, only $3,000 had been raised which, at $3 a request, was not particularly impressive to him. (Councillor Rogers entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Consideration was given to a report from the City Manager responding to the concern expressed at the September 14, 1992 public hearing that, if home occupations were added to the Park zone, excessively large signs would be permitted; advising that the intent of the By-Law, while clearly seeking to limit the impact of home occupations, does not limit the size of signs for home occupations in a consistent manner; and also advising that, in researching this concern, it was found that home occupations in "B-1" Local Business zones and rural zones are presently permitted to have larger signage, although this is not the intent of the By-Law in that it was the interpretation that all home occupations were limited to a .2 square metre of signage, and that it was concluded that the required clarity and consistency in By-Law format could best be achieved by a series of detailed amendments to Section 840. The report further advises that, with respect to the question of how to deal with the specific application on Sandy Point Road and while the applicant who initiated the initial amendment has given a verbal commitment to only use a small sign, formalizing this commitment in a Section 101 agreement will only be applicable to the one property; explains that Section 71 of the Community Planning Act allows Council to prohibit specific developments, in this case signs for home occupations, when Council fixes a date for a public hearing to a specific amendment and proceeds to give the required public notice of the public hearing, and, as this is an appropriate use of this Section of the Act, such a resolution has been included in the recommendation; and submits a three-part recommendation in this regard, with the changes proposed to the By-Law indicated in bold print for clarity. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the following proposed amendments to the Zoning By-Law 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 October 26:- (1) Section 840(3) of the Zoning By-Law be amended by deleting the existing subsections (b), U) and (k), and inserting: "(b) In a "B-1" or "BR" zone the following signs are permitted: signs permitted in subsection 3(a) restricted to the purpose and maximum area provided therein. facia signs placed with the maximum area of .4 square metres per metre of lot width for purposes other than those provided for in 3(a). one projecting or freestanding sign with a maximum area of 6.0 square metres for purposes other than those provided for in 3(a). U) In an "RF" or "RFM" zone the following signs are permitted: 83-746 COMMON COUNCIL SEPTEMBER 21, 1992 all signs permitted in subsection 3(a) restricted to the purpose and maximum area provided therein. one facia, projecting or freestanding sign with a maximum area of 4.8 square metres for purposes other than those provided for in 3(a). poster panels, subject to the requirements of subsection (5). (k) In a "P" Park zone the following signs are permitted: all signs permitted in subsection 3(a) restricted to the purpose and maximum area provided therein. - facia, projecting or freestanding signs with a maximum area of 4.5 square metres for purposes other than those provided for in 3(a)." Question being taken, the motion was carried. Mr. Bedford explained that, if Council wishes the provisions of the By- Law to apply to the application of Richard Powell and Atsuko Nose relative to property on Sandy Point Road, which was the subject of a public hearing at Council's last meeting, the third portion of the City Manager's recommendation should be approved. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, pursuant to Section 71 of the Community Planning Act, signs for home occupation in any zone shall be prohibited if the area of the sign is greater than 0.2 square metres. Question being taken, the motion was carried. Read a report from the City Manager advising that Dominion Refuse, which operates Saint John Recycling, has approached the City with a recycling proposal, as indicted in the submitted copy of the August 31, 1992 letter from Mr. Jim D'Entremont in this regard, which would have residents drop their recyclables off at the recycling depot, with Dominion Refuse to empty the recycling containers as many times as necessary when any of the containers become full, and that it is Fundy SWAT's opinion that this would be a worthwhile interim project and would not be in conflict with the objectives of Fundy SWAT; and also advising that it is staff's opinion that recycling depots are not a viable means of addressing the City's long-term waste recycling needs and that a comprehensive depot system, to cover all areas of the City, would be very expensive to implement and maintain and that, while staff would not be prepared to recommend the establishment of several long-term recycling depots, there does seem to be some merit in providing a recycling depot in the central part of the City until such time as the Fundy SWAT solid waste solution is implemented. The report further advises that Dominion Refuse's proposal is that the City would pay $250 per month to offset the cost of tipping the recycling containers, which staff prefer as compared to the pricing structure initially proposed by Dominion Refuse which would have featured a tipping cost each time depot containers were emptied; and submits a recommendation for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Dominion Refuse proposal for siting a recycling depot be accepted in principle and staff investigate potential suitable locations for the depot; and further that funding be found in the 1992 Works Department Operating Budget to cover costs incurred in 1992, and that the provision of funds to operate the recycling depot be referred to the 1993 budget process. Question being taken, the motion was carried. 83-747 COMMON COUNCIL SEPTEMBER 21, 1992 Consideration was given to six resolutions from the City Manager for Council's consideration and subsequent submission, with Council's approval, to the Cities of New Brunswick Association meeting in Edmundston on October 17. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the following resolutions be approved and forwarded to the October 17, 1992 meeting of the Cities of New Brunswick Association meeting to be held in Edmundston: 1. WHEREAS the community is consistently enforcing all its codes and by-laws; and WHEREAS the community is continuing to improve its quality of life and living environment; and WHEREAS all governments play an integral part in developing the community through construction projects; and WHEREAS governments should lead in meeting the codes and by-laws they enforce: BE IT RESOLVED that the Community Planning Act be amended to require the Provincial Government and its agencies to comply with all codes and municipal by-laws. 2. WHEREAS the Community Planning Act limits the fees municipalities can charge for particular processing development applications; and WHEREAS local government must identify additional income to deliver its services; and WHEREAS "user pay" is an evolving principle for the provision of government service: BE IT RESOLVED that the Community Planning Act be amended to remove any limits on local government in charging application or processing fees. 3. WHEREAS the City of Saint John, through consistent enforcement of its codes and by-laws, is improving the quality of life for its citizens; and WHEREAS the legal process for enforcement of these codes and by-laws is very time consuming: BE IT RESOLVED that the Provincial Government be requested to review its enforcement provisions in the Community Planning Act, including the potential for issuing tickets for violations, with the intention of reducing the time involved in processing and enforcing by-law and code infractions. 4. WHEREAS the City of Saint John and communities in Southern New Brunswick rely on alternate modes of passenger service; and WHEREAS continuous marketing support by Saint John and Southern New Brunswick communities has returned VIA Rail operations between Atlantic Canada and western points to a viable and acceptable level; and WHEREAS senior citizens, students, and others requiring adequate land transportation must be served; and WHEREAS loss of rail passenger service would place further strain on employment in this area; and WHEREAS VIA Rail has proved self-sufficiency warranting upgraded service; and 83-748 COMMON COUNCIL SEPTEMBER 21, 1992 WHEREAS VIA Rail will introduce refurbished modern equipment to this region in mid-October 1992, indicating confidence in the future of passenger service in Atlantic Canada: BE IT RESOLVED that the Federal Minister of Transport be advised that support must be given for the retention of the mainline operated between Saint John and Sherbrooke, Quebec, by Canadian Atlantic Railway, which also serves VIA Rail. 5. WHEREAS the Provincial Offences Procedures Act has been enacted by the Province of New Brunswick to efficiently process summary conviction offences, including those under the Motor Vehicle Act; and WHEREAS under this legislation, a person charged with a motor vehicle offence who fails to attend court is automatically found guilty, fined and assessed a number of points; and WHEREAS under municipal legislative provisions, persons charged with similar infractions, such as parking and traffic by-law violations, are entitled to, and must be given, an ex-parte hearing before a Provincial Court Judge; and WHEREAS such ex-parte hearings require that a peace officer must appear in support of the charge, even though the violater does not appear; and WHEREAS the requirement for attendance of a peace officer at such hearings is extremely costly to municipal government: BE IT RESOLVED that the Provincial Government be asked to review the Provincial Offences Procedures Act, and to make the appropriate legislative changes that would allow the procedures in this legislation to be expanded to municipal by-laws dealing with traffic and parking issues. 6. WHEREAS the major centres of the Province of New Brunswick rely on air passenger service connecting this area with North American points; and WHEREAS the business communities rely on economical satisfactory air service to allow this area to compete in the global market place; and WHEREAS seniors and other pleasure travellers require economical and adequate air service; and WHEREAS a merger of air services could result in reduced air service and employment: BE IT RESOLVED that the Federal Government be made aware of the importance of maintaining quality air service for the major regions of New Brunswick. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, in response to the August 17 request for a report on the cost and the possibility of installing a playground on Ian Street in Champlain Heights, the cost for developing a playground depends upon the cost of purchasing a site and the cost of play equipment, the latter which could range from $50,000 to $80,000, and that operation and maintenance costs must also be taken into account, the present estimated maintenance cost being $3,000 for each of the 64 playgrounds maintained by the Parks Department; also advising that the need for a playground will be reviewed within the context of the Community Recreation and Open Space Strategy, the final report on which will be presented to Council in early October; submitting a map indicating the locations of the three playgrounds in Champlain Heights; and recommending that a new playground for Ian Street not be approved at this time -- be received and filed and the recommendation be adopted. 83-749 COMMON COUNCIL SEPTEMBER 21, 1992 The Mayor expressed the understanding that the August 17 query related to the lack of equipment in the playground located to the rear of Champlain Heights School, to which Mr. Robichaud replied that it is staff's understanding that the Grandview Avenue School, as opposed to Champlain Heights School, was the one to which Councillor M. Vincent was referring, and that both School playgrounds have recently been upgraded, and that it is staff's opinion that, while $3,000 could be expended in further upgrading at either of the playgrounds, the playgrounds are in good condition at the moment. Mr. Robichaud advised that, if he understands correctly, Councillor M. Vincent's request was for staff to look at placing another playground in the Ian Street area, and that staff, having reviewed the situation, found that there are sufficient playgrounds in the area to more than adequately supply the needs. Councillor Coughlan questioned whether Council should proceed with this matter in view of the fact that Council has yet to receive the final report on the Community Recreation and Open Space Strategy, and as he at this time cannot recall why the request was made for a playground on Ian Street, whereupon the Mayor suggested that the matter should be tabled. On motion of Councillor Coughlan Seconded by Councillor A. Vincent RESOLVED that above matter be laid on the table for further information. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". Read a letter from the City Solicitor submitting for Council's consideration of third readings proposed amendments to the Traffic and Parking Meter By-Laws, regarding parking on Sydney Street, which were given first and second readings on August 4. 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 Sydney Street, be read a third time and enacted and the Common Corporate 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 Rogers RESOLVED that 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", with respect to Sydney Street, be read a third time and enacted and the Common Corporate 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 a third time. Question being taken, the motion was carried. The Mayor made the observation it is necessary for Council to table for 83-750 COMMON COUNCIL SEPTEMBER 21, 1992 one week third readings of the proposed Municipal Plan By-Law amendment regarding 2 Pokiok Road, and the proposed Zoning By-Law text amendment concerning home occupations in the "P" Park Zone. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above-noted By- Law amendments be laid on the table for one week. Question being taken, the tabling 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 September 14, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Knibb, McAlary, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Common Council adopt the submitted Policy #PM100 "Authority For Policy Manual" which provides for developing and maintaining a Policy Manual containing all policies which have been approved by Common Council. 2. That the following recommendations of the City Manager regarding agenda items be adopted: (1) that Council adopt as policy that invoices for the supply of asphalt under a contract approved by Council be processed for payment provided the Council approved budget for this program has not been exceeded; (2) that Council resolution of December 17, 1979 requiring that final progress payment on contracts be approved by Common Council, be amended to require that only final payments on contracts that exceed the Council approved tender be approved by Council; (3) that Council adopt the following policy: (i) all correspondence addressed to the Mayor and Council be placed on the agenda for the next regularly scheduled meeting; (ii) that the Common Clerk, with assistance from the City Manager, will group correspondence according to whether there is an existing Council policy or resolution on an issue, or whether a staff report and recommendation is required; (iii) should a Council approved policy or resolution be available, the items be referred for a response from the Mayor on behalf of the Council; and (iv) should the correspondence require a report and recommendation by the City Manager, it be referred to him and scheduled to return to Council not later than four weeks from the date of the meeting at which the correspondence first appeared, or in the absence of a final report and recommendation, a status report be provided outlining the target date for the report's submission. 3. That as recommended by the City Manager, Council approve the concept of an employee personal computer purchase plan and that staff be given authority to call tenders for appropriate computer equipment and software and undertake discussions with the City's Banker for the purpose of making appropriate financial arrangements, with a final report to be submitted to Council prior to the plan 83-751 COMMON COUNCIL SEPTEMBER 21, 1992 being implemented. 4. That as recommended by the City Manager, the City acquire approximately 400 square feet of land at the corner of Golden Grove Road and Baxter Road, as shown on the submitted plan, from David and Anna Nurse for a price of $600.00 plus legal costs of approximately $650.00, with the land to become part of the road right-of-way. 5. That as recommended by the City Manager, the City acquire from the Province of New Brunswick, for the sum of $1.00, Lot 85-1, having an area of 2500 square metres, plus a 1 O-metre wide right-of-way, to provide access to services to the water tower on Provincial land on Cottage Road, both as shown on Plan 1919 in the Saint John Registry Office. September 21, 1992 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that section 2 of the above report be adopted. Councillor Knibb asked that (2) be removed from the City Manager's recommendations regarding agenda items in that, in his opinion, it is very important for both Council and the public to be kept informed of contracts as they are completed. In response to Councillor Rogers' concern that the re-organization could result in citizens' concerns being lost unless their letters are addressed directly to the Mayor and Council and her query as to whether it is the intent for staff to deal with letters prior to their placement on the Council agenda, Mr. Brown explained that the intent is to place letters to the Mayor and Council on the Council agenda, grouped in a manner according to whether or not there is a Council policy to deal with the issues, so that Council could subsequently communicate quickly to those letters on issues for which policies exist, or, in one motion, very quickly refer those letters on which there is no policy to staff for a report to Council, or that Council could make a decision without referral, and clarified that the policy, if adopted, will preclude a response being forwarded by staff to a letter to Council prior to it being placed on the Council agenda. Councillor Gould expressed opposition to letters to Council being addressed first by staff, and Councillor A. Vincent asked when a policy manual will be available to Council. Question being taken, the motion was lost, a tie vote having been created with Councillors Gould, Knibb, Rogers and A. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. 83-752 COMMON COUNCIL SEPTEMBER 21, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. The Mayor noted that she was absent from the August 31 public hearing with respect to the proposed re-zoning of 1018 Sand Cove Road, and asked that Councillor Gould take the chair. (The Mayor withdrew from the meeting whereupon Councillor Gould assumed the chair.) Consideration was given to a report from the Planning Advisory Committee regarding the proposed re-zoning of property at 1018 Sand Cove Road, as requested by Manford M. Thompson Construction Company Ltd. and Lloyd Cathline, which was tabled at the August 31 public hearing with no readings given; submitting additional information considered at the Committee's September 9 meeting at which a recommendation for approval of the subdivision was also adopted and will be submitted when third reading of the re-zoning is to be considered by Council; and recommending that (1) Common Council re-zone an area of land with an area of approximately 2.5 acres at 1018 Sand Cove Road, being part of NBGIC Number 395566, from "RF" Rural to "RS-2" One- and Two-Family Suburban Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which would: (a) require that all driveway accesses to Sand Cove Road be approved by the Development Officer; and (b) require that a note be placed on any subdivision plan affecting this land notifying prospective purchasers of condition (a); and (2) Common Council re-zone an area of land with an area of approximately 5.5 acres, located to the rear of 1018 Sand Cove Road, being parts of NBGIC Numbers 395566 and 429738, from "RF" Rural and "R-1 B" One-Family Residential to "RM-1" Three-Family Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act which would: (a) limit the development of the property to a 30- unit, one-storey townhouse development fronting on a public street; (b) require that a detailed drainage plan be prepared by the applicant, approved by the Chief City Engineer, and appended to any subdivision agreements for this land as the basis for all regrading to occur; (c) require that the drainage of the lands not be altered except in a manner that may, from time to time, be approved by the Chief City Engineer; (d) require that a landscaping plan be prepared for the land by the applicant, and approved by the Development Officer, which illustrates: (i) all areas which will remain in their natural condition as permanent buffers; (ii) all areas which will be restored to natural conditions as permanent buffers; and (iii) all other plant material which will be utilized in the development, including street trees; (e) require that the landscaping plan required in (d) be included with each subdivision agreement for each phase of the subdivision of this land, and that the development for each phase be in accordance with that plan; and (f) require that all permanent buffer areas defined in (d) be retained, and plant material not be removed except as may, from time to time, be approved by the Development Officer. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning (1) an area of land of approximately 2.5 acres at 1018 Sand Cove Road (part of NBGIC Number 395566), from "RF" Rural to "RS-2" One- and Two-Family Suburban Residential classification; and (2) an area of land of approximately 5.5 acres located to the rear of 1018 Sand Cove Road (being parts of NBGIC Numbers 395566 and 429738), from "RF" Rural and R-1 B" One-Family Residential to "RM-1" Three-Family Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. 83-753 COMMON COUNCIL SEPTEMBER 21, 1992 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 A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning (1) an area of land of approximately 2.5 acres at 1018 Sand Cove Road (part of NBGIC Number 395566), from "RF" Rural to "RS-2" One- and Two-Family Suburban Residential classification; and (2) an area of land of approximately 5.5 acres located to the rear of 1018 Sand Cove Road (being parts of NBGIC Numbers 395566 and 429738), from "RF" Rural and R-1 B" One-Family Residential to "RM-1" Three-Family 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 A. Vincent Seconded by Councillor Rogers RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (The Mayor re-entered the meeting and re-assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Mr. Donald Dwyer, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Saint John Port Corporation informing Council of its dredging program and, in particular, about the disposal of dredged material -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the West Side Preservation & Development Association thanking the City for the many improvements made on the Lower West Side this year, particularly the decision to complete the Tilley Square Bandstand and the upgrading of the Carleton Community Centre; expressing concern about cars and trucks speeding along Market Place; and suggesting a three-way stop at the Market Place - Duke Street intersection and a lighted crosswalk where children cross Market Place to go to the Community Carleton Centre, as well as the return of the painted crosswalk on the corner of Duke Street and 83-754 COMMON COUNCIL SEPTEMBER 21, 1992 Market Place -- be referred to the Traffic Department. Question being taken, the motion was carried. Read a letter from Sherry Cunningham requesting a $200 grant to help defray costs for her trip to play in the Canadian National Shuffleboard Championship to be held in Niagara Falls the week of October 5, 1992. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that a grant of $200 be approved for Sherry Cunningham to help defray costs for her trip to Niagara Falls the week of October 5, 1992 to compete in the Canadian National Shuffleboard Championship. The motion initially proposed by Councillor Rogers and seconded by Councillor Chase was to approve a grant in the amount of $250, such motion subsequently changed upon the observation that the request made was for $200. Question being taken, the motion was carried. Consideration was given to letters from (a) the Save Our Shores Committee protesting, in the strongest of terms, Council's refusal to meet with this group in Committee of the Whole regarding Irving Pulp and Paper's proposed waste treatment lagoon in Saint John West; noting that Council has already met with the soon-to-be applicant and declaring a conflict of interest against those Councillors who voted against meeting with this group in Committee of the Whole, as well as questioning the right of the Chairperson to vote on a split vote of Council; and from (b) Ms. Phyllis Knox regarding the industrial waste processing lagoon that has been proposed for Smuggler's Cove -Sheldon's Point in the West Side of the City; and imploring Council to take a rational and thoughtfully critical look at a City plan that would designate one of the last remaining unspoiled lots of harbourshore property for industrial use. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that letters from the Save Our Shores Committee and Ms. Phyllis Knox, regarding the Irving Pulp and Paper proposed waste treatment lagoon in Saint John West -- be referred to the Planning Advisory Committee. The Mayor commented on the protest of the Save Our Shores Committee from the point of view that the meeting in Committee of the Whole was at the request of the Irving environmental representative to explain to Council that it was the Company's intent to make a public presentation to the people, out of courtesy to the local government that it should first be aware of the meeting prior to it becoming public knowledge, and that Council's support nor opinion for or against the proposal was requested at that meeting. The Mayor suggested that, if the Save Our Shores Committee, which has opposed the proposal, wants to meet with Council, it could not do so in order to request Council to join in its opposition, as the proposal would require a public hearing by Council; expressed the opinion that Council members have no conflict of interest; and clarified that the Mayor has the right to vote on every subject. Councillor Coughlan asked the propriety of Council hearing the Committee's presentation, without comment, to which Mr. Rodgers, having noted the necessary caution Council must exercise from the point of view of a pending re-zoning and his advice to Council in Committee of the Whole upon becoming aware that the Irving proposal could possibly require a re-zoning and future public hearing that Council should not indicate in any way whether it was for or against the project, suggested that to clarify this situation the minutes of the subject Committee of the Whole meeting could be made available to demonstrate that Council has not done anything which would interfere with any future public hearing with respect to the fact that the case is still open for Council to decide. With regard to a group making a presentation to Council, with the Council silent and listening only, Mr. Rodgers expressed the opinion that, legally, that would not prejudice anybody; however, he would be optimistic if he 83-755 COMMON COUNCIL SEPTEMBER 21, 1992 said that such meetings, from a passive point of view, would involve no danger; and that, although one case has occurred and no damage has been done, to lay down as a policy that there is no danger involved in having private meetings just because beforehand Council decides not to say anything is a risk in which Council should not become involved. Question being taken, the motion was carried. The Mayor encouraged support of St. Joseph's Hospital through purchase of tickets for its forthcoming "Canducky Derby" fund-raising event; and read a letter from Mr. Derek Wisdom, Executive Director of Soccer New Brunswick Inc. expressing appreciation to the City for its efforts with respect to the Canada Vs USA Soccer Match; advising that the City's financial contribution is not needed and the Major Tournament Committee's $1,500 donation will be returned to it, and as well that the C.S.A. has received its full $20,000; and noting that plans are now underway for the May 27, 1993 Glentoran of Northern Ireland Game. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the above letter from Mr. Derek Wisdom be received and filed, and Mr. Wisdom be thanked and congratulated for his efforts with respect to the Canada versus U.S. Soccer Match. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk