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1992-09-28_Minutes 83-756 COMMON COUNCIL SEPTEMBER 28, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of September, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and M. 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; P. Groody, Commissioner of Human Resources; W. D. Todd, Director of Housing and Property Management; J. Baird, Manager of Development Division; D. Logan, Purchasing Agent; B. Cormier, Social and Cultural Affairs Officer; G. Tait, Deputy Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Roger Graham of Forest Hills United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on September 21, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed October 1992 to be Renovation Month; and October 5 to 11 to be National Family Week in the City of Saint John, and Mr. Joseph Thompson addressed Council concerning the purpose of Family Week and distributed to Council members posters depicting the activities scheduled for the week. The Mayor welcomed to the Council Chamber Senator Nancy Clark- Teed who, in the absence of The Honourable Gerald Merrithew, Minister of Veterans Affairs and Saint John's MP and on behalf of the Federal Health and Welfare Minister, addressed Council concerning the Canada Volunteer Award Certificate of Merit which is presented each year to recognize and encourage those persons who have made valuable, voluntary contribution towards improving the health and social well being of their fellow citizens. The Honourable Mrs. Clark-Teed presented Canada Volunteer Award Certificates of Merit to Giselle Chevarie, accompanied by Lynda Heffernan of the Volunteer Centre, her sponsor; Vera Hutt, accompanied by Peter Johnson of the Red Cross Association, her sponsor; and David Walsh, accompanied by Louis Murphy, MLA - Saint John Harbour. The Honourable Mrs. Clark-Teed commented on the Lescarbot Award, which was created in 1991 by the Minister of Communication to recognize the contribution made by volunteers and benefactors to the promotion and development of cultural life in Canada, with certificates and pins awarded annually to volunteers and benefactors who have made an outstanding contribution towards the enrichment of cultural life in their community, with one volunteer from each of Canada's electoral districts to receive the community honour; advised that, in Saint John, a committee of Bernard Cormier, Ella Grosweiner and Susan Maskill reviewed names of possible candidates for this award; and presented the Lescarbot Award to Dr. Thomas J. Condon. The Mayor advised that Director of Economic Development Don O'Leary received, on behalf of the City, a Royal Bank of Canada 1992 Good News Award at the 83-757 COMMON COUNCIL SEPTEMBER 28, 1992 Economic Dealers Association of Canada; and welcomed to the Council Chamber twelve girls ranging in age from 9 to 13, being members of the Eileen McGrath School of Dance troop, the Shoe Laces; and commended the members of the dance troop for their success in winning gold medals in competitions in Halifax in May 1991 and May 1992, and in Saint John in November 1991 in the AI Gilbert Dance Competition, and for performances at events, such as the International Gathering of the Irish, Festival By The Sea, and the Children's Festival. The Mayor presented Honourary Loyalist Certificates to the members of the Shoe Laces, and accepted on behalf of Common Council a plaque in appreciation of its recognition of young people. The Mayor advised that the City, on October 9 in Tilley Square, will unveil a memorial plaque in honour of Jesuit Priest Ennemond Masse; and that, on October 8 at Seaside Park, the unveiling of the City's Peace Park will take place. The Mayor commended the members of the Jervis Bay Memorial Pipe Band for, on September 19 and 20, winning the top band trophy at the 17th Annual New Hampshire Highland Gathering. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the following two items which were considered in Committee of the Whole earlier this date be added to the agenda for consideration at this meeting: the appointment of an acting city manager during the City Manager's vacation, and the award of the contract for the two new fire stations. Question being taken, the motion was carried. (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two parcels of land which together have an area of 8,000 square feet at 116 Queen Street and 183 Carmarthen Street (NBGIC Numbers 3418 and 6544), from Medium 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, as well as an amendment to Section 520(2)(f) of the Zoning By-Law to add "notwithstanding the above conditions a repair garage is permitted at 116 Queen Street and 183 Carmarthen Street also identified as NBGIC #3418 and 6544.", and that written objections in this regard were received from Noreen Barry, M. Gertrude Owens, and Alden and Joan LeGassie. Consideration was given to a report from the Planning Advisory Committee advising that the Committee adopted the recommendation in the submitted report from the Planning Department at its September 22 meeting at which the applicant's solicitor, Mr. Brian Mosher, indicated that a new building would be built and a solid fence would be located on the edge of the property; and Mr. Lloyd Betts, Chairman of the South Central Citizens Council, made a presentation in opposition to the proposal and indicated that the proposed new fencing and building would not make the proposal appropriate for the area, and Mr. Dominic Eden also spoke in opposition to the application; also submitting a copy of a letter of opposition; and recommending that the application be denied. (The Mayor re-entered the meeting and reassumed the chair.) Mr. Lloyd Betts, Chairman of the South Central Citizens Council, appeared in opposition to the above-proposed amendments; noted that Council denied a request to re-zone the subject property, which is in a residential area, in 1990; and made the observation that the South End of the Saint John is slowly recovering from the downgrading of its residential areas and the effect has been most gratifying for those who live in the area. Mr. Betts, in suggesting that persons cannot raise their families properly in a residential community neighbourhood if commercial enterprises are allowed in the area, advised the concern that a taxi business would exacerbate an 83-758 COMMON COUNCIL SEPTEMBER 28, 1992 already-existing traffic problem, and affect the peace and tranquility of this neighbourhood through increased traffic noise in that a business of this nature must operate 24 hours a day. Mr. Betts also suggested that the proposed repair depot more properly belongs in an industrial park setting rather than a residential area, and requested that Council refuse the proposal. Brenda Duffy, solicitor with the law firm of Mosher Chedore, appeared on behalf of the applicant; note that the L-shaped site contains a one-storey wooden structure at 183 Carmarthen Street; and advised that Diamond Taxi currently leases a portion of property adjacent to the property from St. Andrew and St. David United Church and that, if the application is approved, an approach would be made to purchase the property as it would be required in order to make the project feasible. Ms. Duffy also advised that the proposal would involve the demolition of the existing building and construction at 116 Queen Street of a building which the applicant would use to repair its vehicles; and explained that the vehicles to be repaired would be Diamond Taxis, different from Bill's Taxi on Charlotte Street and Queen Square North where anybody can drive in and get a car fixed. Ms. Duffy expressed the opinion that, as Diamond Taxi currently has 60 taxis which, obviously, would not all need repair at the same time, the amount of traffic which would be created by taxis going into and out of this facility would be minimal; and, with respect to a Planning staff concern about a repair site for taxis causing the property to look unsightly, explained that the applicant has proposed to construct an attractive 6-foot fence around the property, with an electronic gate which would open and close only when a taxi was proceeding into or out of the property; therefore, the demolition of the old building and construction of a new building, as well as an attractive fence around the property, would improve the property value immensely. Ms. Duffy also explained that, if the application is denied, Diamond Taxi is left with a piece of property which it cannot develop in that it has no use for residential property and, since 1991 upon denial of its application for re-zoning, its efforts to sell the property have been unsuccessful; noted that, while the reason for denying the application in 1991 was because residential properties were to be developed in the area, this has not occurred; and commented on the applicant's contribution to the community with respect to providing employment and making purchases within the Province and Saint John area. Ms. Duffy also commented on other business operations in the area from the point of view that, while there is also residential area, the proposed operation would more or less fit in; and suggested that, if the operation would fit in and it is hidden by a fence, the applicant would do more for the area than perhaps the Mcintyre Trucking Company which is across the street on Carmarthen Street. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the application of Diamond Taxi (Saint John) 1982 Ltd. for a Municipal Plan amendment and re-zoning of 183 Carmarthen Street and 116 Queen Street, be denied. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above report from the Planning Advisory Committee and the letters of opposition be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 279 Main Street North (NBGIC Number 374439), located at the intersection of Main Street North and Adelaide Street, from "RM-2" High Rise Multiple Residential to "US" Utility and Service classification, to permit the property to be included as part of the site for the proposed Fire Station #5, 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. 83-759 COMMON COUNCIL SEPTEMBER 28, 1992 Consideration was given to a report from the Planning Advisory Committee recommending that a parcel of land located at the intersection of Main Street North and Adelaide Street, having civic number 279 Main Street and NBGIC Number 374439, be re-zoned from "RM-2" High Rise Multiple Residential to "US" Utility and Service classification. 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 at 279 Main Street North (NBGIC Number 374439), located at the intersection of Main Street North and Adelaide Street, from "RM-2" High Rise Multiple Residential to "US" Utility and Service 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 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 at 279 Main Street North (NBGIC Number 374439), located at the intersection of Main Street North and Adelaide Street, from "RM-2" High Rise Multiple Residential to "US" Utility and Service classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to amend Section 520(2)(g) by: (1) adding "(ii) notwithstanding condition (i) above, an office or parking area for a taxi business is permitted at 170 Charlotte Street, also having NBGIC Number 5140"; and (2) renumbering the existing Section 520(2)(g) to be 520(2)(g)(i), to permit the continued use of the property as an office and parking area for a taxi business, as requested by Clayton and Glen Holdings Ltd., and that written objections in this regard were received from Mrs. Joan Parfitt, and Alden and Joan LeGassie. Consideration was also given to a report from the Planning Advisory Committee explaining that the above application involved two types of approval: a recommendation to Council on the Zoning By-Law amendment, and the imposition of terms and conditions for use by the Committee; advising that the Committee considered at its September 22 meeting the presentations by Mr. Peter Mcintyre, representing the applicant, and the South Central Citizens Council and legal counsel for The Power Commission, the latter two which did not object but wanted to see significant improvements to the condition of the site, and that the Committee adopted the recommendation in the submitted report from the Planning Department to approve the amendment to the Zoning By-Law, and also imposed the recommended terms and conditions with only minor changes to permit two driveways on Charlotte Street and a degree of flexibility with respect to the construction of the landscaped areas; and recommending that Section 520(2)(g) of the City of Saint John By-Law be amended by: 83-760 COMMON COUNCIL SEPTEMBER 28, 1992 (a) adding "(ii) notwithstanding condition (i) above, an office or parking area for a taxi business is permitted at 170 Charlotte Street, also having NBGIC Number 5140"; and (b) renumbering the existing Section 520(2)(g) to be 520(2)(g)(i). Mr. Lloyd Betts, Chairman of the South Central Citizens Council, appeared before Council, and explained that the South Central Citizens Council is not necessarily opposed to the above application for a taxi depot, but rather is in favour of a general clean-up of the property. Mr. Betts noted that the photographs of the subject property (which were circulated at this time and subsequently filed with the Common Clerk) which, he advised, were taken on September 26, depict on the site a stock car, derelict vehicles, parking lot advertising signs and dangerous storage of old tires, old cars and an abandoned petroleum storage tank. Mr. Betts expressed the opinion that the condition of the property is generally unacceptable and gives the appearance of a junked car yard, with no landscaping and an asphalt yard in deplorable condition; and made the observation that this property is in the Trinity Royal heritage area next to Queens Square. Mr. Betts requested that, as the Citizens Council has no desire to prevent a business from operating at this location, Council place the following restrictions on the application:- (1) all stock cars be removed from the site; (2) the building or repairing of stock cars not to be allowed; (3) unlicensed vehicles and/or derelict vehicles not be allowed to be stored on site; (4) the City By-Law concerning public parking lots be enforced requiring drainage and landscaping; and (5) all used tires and cars to be removed from the site on a regular weekly basis. Mr. Baird explained that, as the application involves a text amendment rather than a re-zoning, Section 39 conditions as could normally be recommended for a re-zoning cannot be imposed, and that the Planning Advisory Committee has imposed the terms and conditions set out in the submitted Planning staff report on the use of the property as a taxi dispatch office; and advised that the Building Inspector is able to enforce the conditions on the applicant. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (a) adding to Section 520(2)(g) the following: "(ii) notwithstanding condition (i) above, an office or parking area for a taxi business is permitted at 170 Charlotte Street, also having NBGIC Number 5140"; and (b) renumbering the existing Section 520(2)(g) to be 520(2)(g)(i), be read a first time. During discussion Mr. Baird noted that all site improvements are to be completed by June 30, 1993; and, in response to Councillor M. Vincent's observation that the building and repairing of stock cars is not addressed in the conditions and query as to what course of action Council could take to encompass the five points broached by Mr. Betts, Mr. Rodgers advised that he could examine this matter and report to Council prior to third reading. Deputy Mayor McAlary asked if it would be in order to table the matter in order to determine from the applicant if it is the intent to carry out the site improvements by June 30, 1993, to which the Mayor replied that this is the only public hearing in this regard. Question being taken, the motion was carried with the Mayor and Councillor McAlary voting "nay". 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, by (a) adding to Section 520(2)(g) the following: "(ii) notwithstanding condition (i) above, an office or parking area for a taxi business is permitted at 170 Charlotte Street, also having NBGIC Number 5140"; and (b) renumbering the existing Section 520(2)(g) to be 520(2)(g)(i), be read a second time. 83-761 COMMON COUNCIL SEPTEMBER 28, 1992 Question being taken, the motion was carried with the Mayor and Councillors Landers, McAlary and Rogers voting "nay". 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 M. Vincent RESOLVED that the above report from the Planning Advisory Committee and the letters in opposition be received and filed. Question being taken, the motion was carried. Mr. Brian Cornish addressed Council on behalf of the Greenwood Subdivision Committee, regarding the water situation in the Greenwood Subdivision; and, having distributed to Council members a revised copy of his previously-submitted brief, read the brief proposing that, as the water issue still has not been resolved, (1) the City enter into negotiations with the developer to assume operation of the current water system; and (2) the City continue to investigate the viability of extending water services from the present City water supply. Mr. Cornish noted the presence at the meeting of a delegation of Greenwood Subdivision residents; and asked the City's assistance in this regard. During discussion, Mr. Cornish made the observation, in response to Councillor Rogers' comment to the effect that the issue of water to Lakewood School is the City's priority based on discussion at a recent meeting at the School, that the Greenwood Subdivision issue is separate and different from the Lakewood School issue, and that the situation is not much different from that which is currently taking place in Moncton and other areas in the Province where the Province has requested the city to take over private well systems operated Provincially. Councillor Chase expressed the understanding that City staff were to develop a plan that envisages serving both the School and the Subdivision at some identified future point in time. Mr. Robichaud advised that no assessment has been done with regard to the City taking over and continuing to operate the existing water system in the Subdivision; and the Mayor re-iterated that, at the meeting at Lakewood School, it was agreed that getting water to the Lakewood School was the number one priority and that the City would work with MLA Stuart Jamieson in this regard, and that, in the meantime, Director of Engineering S. Armstrong would cost the upgrading of the pipe to the School taking into consideration that expansion might be required to accommodate future subdivision development, for a report to Council; and suggested that Council should request an update from Mr. Armstrong on his assessment and determine the status of his discussions with the Province. Read a letter from Mayor Wayne submitting a letter from Mr. Rolf Spangenberg, Chairman of Cruise Saint John, submitting the group's 1992 Operating Budget indicating total expenses of $20,000, and requesting that the City assist it by providing $7,500 towards the operation of the 1993 cruise ship season, which works out to be $.94 per visitor for the City's portion of the contribution. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that a grant of $7,500 be approved for Cruise Saint John towards the operation of the 1993 cruise ship season. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne proposing that hearings on the proposed Smoking By-Law be held in the Council Chamber from 7:00 p.m. to 9:00 p.m. on Tuesday, October 27, and Thursday, October 29, with a further hearing, if necessary, to be held on Thursday, November 5, 83-762 COMMON COUNCIL SEPTEMBER 28, 1992 and that groups wishing to address Council on the proposed By-Law be required to submit written briefs to the Common Clerk no later than 12 o'clock noon on Friday, October 23, 1992, with each group to be allocated a maximum time of 30 minutes for its presentation; and concluding that notice of the hearings will be published in the City's Information section of the local newspaper, and copies of the By-Law are available in the Common Clerk's Office -- be received and filed and the schedule for hearings be adopted. Councillor Knibb asked that, in view of the fact that Canada will be involved in a matter of great urgency and importance, the matter of the above-proposed By-Law be delayed until 1993. voting "nay". Question being taken, the motion was carried with Councillor Knibb Consideration was given to a letter from the City Manager advising that he will be on vacation from September 30 - October 5, 1992, and October 13, 1992; and recommending that Council consider Mr. Paul Groody, Commissioner of Human Resources, be Acting City Manager during his absence. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Mr. Paul Groody, Commissioner of Human Resources, be Acting City Manager from September 30 to October 5, 1992, and October 13, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- 1. Contract 92-6705-T, Exhaust System Works North Maintenance BuildinQ Fundy Ventilation Ltd. Original contract amount Total value of contract, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated September 23, 1992 $24,764.00 24,764.00 Nil 21,049.40 $ 3,714.60 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 92-0827-T, Miscellaneous Renovations - Fire Station #6 R. A. Woods Construction Ltd. Original contract amount Total value of contract, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated September 23, 1992 $37,915.00 37,915.00 Nil 32,227.75 $ 5,687.25 Question being taken, the motion was carried. 83-763 COMMON COUNCIL SEPTEMBER 28, 1992 Read a report from the City Manager advising that, with regard to the blockage of Newman's Brook sewer and the emergency remedial work directed by staff, the work site is now secure and the sewer is flowing, although in a state of disrepair, and that the Engineering Department is currently preparing plans and specifications for the replacement of the damaged section in anticipation that sewer replacement will be completed before the end of 1992; also advising that, during the emergency, two Saint John firms were engaged by staff to perform remedial work: Galbraith Construction Ltd. and Melanson's Waste Management Inc., and, in addition, Pinkerton of Canada Ltd. and the Canadian Corps of Commissioners provided security; and submitting a recommendation with respect to the approval of a capital budget project to cover costs related to the remedial work, and to approve payments to the firms concerned for such work. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, Common Council (1) approve a capital budget project to cover costs related to the remedial work for Newman's Brook sewer and the sewer replacement, staff's current estimate of these costs being $320,000; and (2) approve payments to Galbraith Construction Ltd. of $87,368.46 and Melanson's Waste Management Inc. of $38,296.83. Mr. Robichaud clarified that the $320,000 includes the payments to the two above-named Companies. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 92-18, water and sewer renewal- Ludlow Street, be awarded to the low tenderer, QM Construction Ltd., at the bid price of $127,115, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender of Erb's Enterprises Ltd., in the amount of $13,200, all taxes included, be accepted for renovations to the interior of the Works Department Depot, Fairville Boulevard. Question being taken, the motion was carried. Read a report from the City Manager regarding the relocation of the Somerset Community Centre to a section of St. Pius X School (which is the subject of a September 21 Committee of the Whole recommendation to be considered by Council at this meeting); advising that, in order to facilitate this move, tenders were called for the interior renovations to that portion of the School to be used by the Community Centre; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the low tender of Erb's Enterprises Ltd., in the amount of $14,700, all taxes included, be accepted for interior renovations at St. Pius X School. 83-764 COMMON COUNCIL SEPTEMBER 28, 1992 Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, further to Council's agreement in Committee of the Whole on September 21 to proceed with the relocation of the Somerset Community Centre from 344 Somerset Street and to convert the building into a district headquarters for community policing, Council's authorization is required to begin the re-zoning process as the property is partially zoned "IL-1" Neighbourhood Institutional which permits a community centre, and a small portion at the rear of the property, as well as the adjacent City-owned property, is zoned "RM-1" Three-Storey Multiple Residential, neither of which permits a policing facility; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, a proposal to re-zone the proposed Police facility site at 344 Somerset Street from "IL-1" Neighbourhood Institutional and "RM-1" Three-Storey Multiple Residential to "US" Utility and Service Zone, 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 November 9, 1992. Question being taken, the motion was carried. Read a letter from the City Manager advising that Broadview Developments Limited, which leases the land at 30 Broadview Avenue, 275 Sydney Street and 320 Charlotte Street, has now sold its interest in the properties and has requested the City's consent to the assignment of the lease; and submitting a recommendation in this regard. On motion of Councillor Gould Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council consent to the assignment of the lease dated March 27, 1986 between the City of Saint John and Broadview Developments Limited to Medis Health and Pharmaceutical Services Inc. and/or Shoppers' Drug Mart East, a Division of Koffler Stores (Eastern) Inc. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from the City Manager referring to Common Council resolution of August 31, 1992 authorizing the City Solicitor or his designate to initiate and proceed with all steps necessary to expropriate from the owner or owners, the fee simple absolute title in and to lands on Carleton and Union Streets; advising that the Legal Department has requested that the resolution be amended as Union Street should be changed to Station Street; and recommending that the above-referenced motion be amended by changing the word "Union" to "Station" -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising what play equipment is at Champlain Heights School and Grandview Avenue School playgrounds, further to Council's September 21 request for a report in this regard, and that the Parks Department, in redeveloping all sites in the City to bring playgrounds up to CSA standards, has developed a program through community development and capital budgets to address the situation over a number of years; also advising that, as the equipment at Champlain Heights School is relatively new, any improvements will not be a high priority, and also that additional equipment is not considered to be needed at either location; and submitting a recommendation in this regard. 83-765 COMMON COUNCIL SEPTEMBER 28, 1992 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, no additional equipment be added to Champlain Heights School playground at this time. Photographs of the playgrounds at the Champlain Heights and Grandview Avenue Schools were circulated to the Council members. Councillor M. Vincent asked for clarification of the above recommendation in that he would prefer, rather than having three or four facilities, to see one centre established as a true recreation and playground area, to which Mr. Robichaud replied that, at this point in time, staff is of the opinion that all of the playgrounds contain an adequate amount of furnishings and suggests that the City wait for the Recreation and Open Space Plan in order to identify if upgrading should take place. The Mayor suggested that an Open Space Strategy is not needed for the City to improve the playground in the Swanton Street area in which the equipment needs painting, the fence needs repairs, and a proper basketball court is required; to which Mr. Robichaud noted that an extra $50,000 was added in 1992 to the upgrading program for playgrounds and that there is a planned program to take all existing equipment that is in poor or dangerous condition and replace it, and to upgrade fences and other facilities on the grounds; and advised that, while routine maintenance will be done in 1992, it is recommended that the City await the Recreation and Open Space Plan prior to upgrading the grounds. Councillor Trites advised that, as community recreation sites do not all serve the same age groups of people, he would not advocate particularly for additional swings and a sandbox in the Swanton/Robar Court area, as that is an area which tends to attract an older group of children and young adults to possibly play tennis or basketball; and suggested that the forthcoming Strategy might target areas for the type of recreation that should be provided as a playground is much more than six swings, two slides and a sandbox, for example. The Mayor suggested that this matter should be tabled pending receipt of the Recreation and Open Space Strategy and for staff to determine whether or not the already-existing playgrounds in the area are meeting the needs. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillors Chase and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that the reconstruction of Orange Street has now reached the stage at which the appropriate changes to the Traffic By-Law are required to legally authorize the changes to the traffic pattern, the concept of one-way traffic having been reported to Council at the time of the contract approval for the work; and recommending that first and second readings be given to the proposed amendment to the Traffic By-Law and the matter be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER 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 regard to Orange Street, be read a first time. Question being taken, the motion was carried. Read a first time 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 83-766 COMMON COUNCIL SEPTEMBER 28, 1992 The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Coughlan 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 regard to Orange Street, be read a second time. Question being taken, the motion was carried. Read a second time 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". Consideration was given to a report from the City Manager advising that, further to Common Council's approval in January 1988 of the temporary placement of a mobile home at 1288 Grandview Avenue (NBGIC Numbers 338525 and 55082622), Mr. David McCormick, owner of the property, is requesting permission to have the mobile home remain at its present location; and recommending that, if Council so wishes, it may permit the location of the existing mobile home at 1288 Grandview Avenue to continue for an additional year. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that Common Council permit Mr. David McCormick to continue to locate an existing mobile home at 1288 Grandview Avenue for one year. Councillor Rogers expressed the opinion that, after permission has been given for a one year placement of a mobile home, an extensive review of the circumstances should be carried out prior to considering an additional year, and that it is unfair to persons who properly seek the correct zoning to go through the process and be turned down because the area in which they live is not compatible to the use; however, when persons request Council to grant permission for the location of a mobile home, there are times when such permission is approved year after year for a number of consecutive years. Moved in amendment by Councillor Chase Seconded by Councillor Rogers RESOLVED that the above motion be amended by adding the condition that, at the end of the one-year period, a full review and/or assessment be undertaken before any future extensions are granted. The Mayor made the observation that any request for a further extension would have to be submitted to Council, in any event. Question being taken, the amendment to the motion was lost with the Mayor and Councillors Coughlan, Gould, McAlary, Trites and M. Vincent voting "nay". Question being taken, the original motion was carried. Read a report from the City Manager advising that, during the recent processing of a building permit application to construct a single-family dwelling on lot 87-2 in the Ed Melanson Subdivision at 980 Westfield Road, it was determined that approximately 60 to 70 per cent of this lot is zoned "1-1" Light Industrial classification with the remaining portion of the property located in an "RS-2" One- and Two-Family Suburban Residential zone; explaining that, when the parent parcel was subdivided in August 1986 into a total of four lots, one for the existing business and three intended for residential purposes, the zoning line was not appropriately adjusted to reflect the new property boundary and future residential use; and submitting a recommendation in this regard. 83-767 COMMON COUNCIL SEPTEMBER 28, 1992 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the City initiate a Municipal Plan amendment for portions of the residential lots at 980 Westfield Road as illustrated, from "Light Industrial" designation to "Low Density Residential" designation, and the re-zoning of the same area from "1-1" Light Industrial to "RS-2"One- and Two-Family Suburban Residential classification. Question being taken, the motion was carried. Read a report from the City Manager advising that the Board of Trustees of the City of Saint John Pension Plan is the final stages of making the necessary amendments to the Pension Act to comply with the Pension Benefits Act which became law in the Province of New Brunswick on December 31, 1991, as well as amendments to the Federal Income Tax Act, which became effective January 1, 1992 and placed limitations on survivors' benefits and disability pensions that are currently provided for in the City's Pension Plan; and that, if the amendments are to be made by January 15, 1993, they must be presented at the Fall sitting of the Legislature. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be given to the City Solicitor to take the necessary steps to provide for amendments to be made to the City of Saint John Pension Act this fall. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the contract for the construction of the new Fire Stations #5 and #7 be awarded to Opron (Maritime) Construction Ltd. at the submitted price of $2,941,000, 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 Solicitor referring to the letter considered by Council recently from the solicitor for Mr. Arnold Miller, a paint contractor, concerning the award of a contract to a company which was not the low tenderer; advising that he has examined the correspondence relating to this matter, including a report from the City Manager to Council, and is satisfied that the final decision by the City Manager was based on information and careful consideration of all the facts in the particular circumstances, and was not intended to reflect on the general ability of the low tenderer in doing this type of work; and expressing the opinion that it would be appropriate for the City to inform the solicitor for Mr. Miller that the City regrets if any negative implication was reflected onto the low tenderer by the City's decision in this matter. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that Mr. Hayward Aiton, solicitor for painting contractor Arnold Miller, be informed that the City regrets if any negative implication was reflected onto the low tenderer by the City's decision in this matter. Question being taken, the motion was carried. (Councillors Chase, Gould, Landers and M. Vincent withdrew from the meeting as they were not present at the September 14 public hearings with regard to a 83-768 COMMON COUNCIL SEPTEMBER 28, 1992 Municipal Plan amendment relative to 2 Pokiok Road, and a Zoning By-Law text amendment relative to home occupation. Councillor M. Vincent was also not present for the August 31 public hearing relative to the proposed re-zoning of property at 1018 Sand Cove Road.) On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 2 Pokiok Road (a portion of NBGIC Number 40287), containing approximately 4.5 acres and fronting on Pokiok Road and Bridge Street, from Open Space to Light Industrial classification, be read a third time and enacted and the Common Corporate 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 McAlary RESOLVED that the by-law entitled, "By- Law Number C.P. 100-290 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding to Section 730(1)(a) the following words: "- subject to Section 810(3), a home occupation", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-290 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. (The Mayor withdrew from the meeting as she was not present at the August 31 public hearing relative to the proposed re-zoning of property at 1018 Sand Cove Road, whereupon Deputy Mayor McAlary assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-291 A 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 (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, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that the re-zoning of (1) above be pursuant to Section 39 of the Community Planning Act (a) requiring that all driveway accesses to Sand Cove Road be approved by the Development Officer; and (b) requiring that a note be placed on any subdivision plan affecting this land notifying prospective purchasers of condition (a); and that the re-zoning of (2) above be pursuant to Section 39 of the Community Planning Act (a) limiting the development of the property to a 30-unit, one- storey townhouse development fronting on a public street; (b) requiring 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) requiring 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) requiring 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 83-769 COMMON COUNCIL SEPTEMBER 28, 1992 as permanent buffers; and (iii) all other plant material which will be utilized in the development, including street trees; (e) requiring 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) requiring 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. (Councillors Chase, Gould and Landers re-entered the meeting.) The by-law entitled, "By-Law Number C.P. 100-291 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. (The Mayor re-entered the meeting and reassumed the chair.) 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 21, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the Estate of Thomas Jordan or its agent be authorized to apply for a re-zoning of the portion of City land within the Loch Lomond watershed to be included in a land exchange approved by Common Council on October 23, 1989; and (2) the re-zoning application fee of $200 be waived. 2. That as recommended by the City Manager, Mr. Robert Beaumont be advised that the City land on Daniel Avenue is not available for sale at this time. 3. That as recommended by the City Manager, the land at 147-155 Queen Street, shown on the submitted plan as NBGIC Numbers 3764, 3772 and 3780, be sold to Saint John Non-Profit Housing Inc. for a price of $16,000. 4. That as recommended by the City Manager, easements to permit the installation, maintenance or replacement of a storm sewer between Phases 4 and 5 of the Brentwood Park Subdivision be acquired from the following properties as shown on the submitted plan: Name/Location Shelly Lynn McAloney 22 Westminster Court Width of Easement NBGIC Number Cost 3 metres 38851 $1.00 Heather Ruth Vincent 26 Westminster Court 3 metres 55053938 $1.00 Robert Cameron 30 Westminster Court 3 metres 55053946 $1.00 Kevin Bennett 34 Westminster Court 3 metres 55053953 $1.00 Robert Mowery 38 Westminster Court 3 metres 55053961 $1.00 Brentwood Park 83-770 COMMON COUNCIL SEPTEMBER 28, 1992 Holdings, Inc. 55048706 Brentwood Crescent 2 metres 55047385 $1.00. 5. That as recommended by the City Manager, Common Council: (1) consider in open session the report dated July 22, 1992 to the August 4, 1992 Committee of the Whole meeting concerning the utilization of the Somerset Community Centre; and (2) authorize the execution of an agreement with the District No.8 School Board for use of the ground floor of St. Pius School on the following terms: (i) the City pay "out of pocket" expenses estimated at $20,544 annually; and (ii) the City receiving approval of any renovations from the Roman Catholic Diocese of Saint John. September 28, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. On motion of Councillor Coughlan 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 Coughlan 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 Trites Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 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 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council (a) approve the location of Thistle Street and Meadow Wood Gardens in the Meadow Wood Garden Subdivision at 1018 Sand Cove Road; (b) assent to one or more subdivision plans of one or more phases of the Meadow Wood Garden Subdivision, in the manner illustrated on the Tentative Plan 83-771 COMMON COUNCIL SEPTEMBER 28, 1992 for Meadow Wood Gardens, dated July 14, 1992, showing streets, municipal services easements and public utility easements; and (c) authorize the preparation and execution of City/Developer subdivision agreements to provide the required services. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee submitting a report from the Community Planning Department concerning notice of general by-law amendments in that, as per the Committee's Rules of Procedure, required notices are sent to property owners in the area of all applications; although, in certain instances when an amendment is proposed to the Zoning By-Law or the Subdivision By-Law which is not site specific and would affect all or substantial portions of the City, no notice of the Planning Advisory Committee meeting is given; and suggesting that, while not aware of any specific instances where this has been a problem, the lack of a policy in this situation needs to be addressed, and that a newspaper notice on the City page could be the most appropriate method of providing notice in such situations. The letter advises that the Committee adopted Planning's recommendation that the Rules of Procedure of the Planning Advisory Committee be amended by adding a new section: "V 6. Notice of applications which are not property specific will be placed in the newspaper one week prior to the meeting date. "; and recommending that the submitted report be received and filed. The Mayor suggested that the proposed advertising could result in more controversy. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Councillor M. Vincent asked if the Legal Department has reviewed the proposed procedure to which Mr. Baird replied that, although the changes to the Committee's Rules of Procedure have not been reviewed in detail by the Legal Department, what is proposed is over and above the legal requirements with respect to advertisements that are done for Council hearings; and Mr. Rodgers advised that he is unable to comment on the proposed action as he has not examined the matter. Question being taken, the motion was carried with the Mayor and Councillor M. Vincent voting "nay". On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Uptown Saint John Inc. advising of its recent preparation of a plan of action to take advantage of the COOPERATION Agreement on Urban Economic Development cost-sharing program for streetscaping which will provide Uptown Saint John Inc. with $625,000 in streetscape funding up to March of 1996; submitting a list showing the priority which was given to each of the streets; and requesting that, based on this ranking, the Planning and Engineering Departments of the City of Saint John, as well as Uptown Saint John Inc., proceed to review and recommend a process for planning the reconstruction of Canterbury Street, King Square North and Princess Street over the next three years -- be referred to the City Manager and appropriate staff for consideration and a report to Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the letter from I.S.A. Atlantic advising that the City of Saint John's Arbor Day Program has been selected by its Board of Directors as one of the outstanding Arbor Day programs carried out in 83-772 COMMON COUNCIL SEPTEMBER 28, 1992 Atlantic Canada in 1992 -- be received and filed and City staff and the members of the Arbor Day Committee be congratulated for their efforts in this regard. Question being taken, the motion was carried. The Mayor extended a message of sympathy to Councillor A. Vincent and his wife, Mary, on the death of Mrs. Vincent's mother, Mrs. G. Marshall. The Mayor advised that an Ecumenical Service will be held on October 7 at the Cathedral on Waterloo Street for St. Joseph's Hospital. Councillor M. Vincent asked the disposition of the presentation earlier in this meeting by Mr. Brian Cornish on behalf of the Greenwood Subdivision Committee, whereupon the Mayor called for a motion to request Mr. Armstrong to submit a report to Council on the status of water to Lakewood School and the costing agreed to at the meeting at the School. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the presentation on behalf of the Greenwood Subdivision Committee be referred to the City Manager for submission of a report to Council on the status of the matter of water to Lakewood School and the costing agreed to at the recent meeting at the School. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk