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1993-05-10_Minutes 84-102 COMMON COUNCIL MAY 10,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of May, AD., 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites and A Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; 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; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; D. Logan, Purchasing Agent; J. Baird, Manager - Development Division; R. Adams, Appraisals Officer; R. McDevitt, Fire Chief; D. Sherwood, Chief of Police; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor McAlary offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on May 3, 1993, be approved. Question being taken, the motion was carried. The Mayor noted a May 15 Keep Saint John Beautiful Inc. clean-up project in the South End; also noted that work of the world-renowned photographer Freeman Patterson is being featured at the Aitken Bicentennial Exhibition Centre; and commented on the work being carried out at the railway crossing on Thorne Avenue resulting in ongoing discussions during the past year among the City, CN and the Department of Transportation, as well as the City's intention this year to pave Thorne Avenue from the area of the railway tracks to Bayside Drive. The Mayor extended a message of sympathy to the family of the late Mrs. Joan R. Parfitt, a former member of Common Council, who passed away on May 9. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that a recommendation by the City Manager concerning a nominee to the board of arbitration of a Local No. 18, C.U.P.E., grievance, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from High Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the re-use of the existing building for business/ professional offices and a dwelling unit, as requested by R. E. Darling Ltd., and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed amendments. 84-103 COMMON COUNCIL MAY 10,1993 Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's April 20 meeting at which the applicant's representative was present and had no additional comments; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from High Density Residential to District Centre Commercial classification, a property located at 134 Sydney Street (NBGIC Number 5371), know at one time as the 1880 Club; and (2) the same property be re-zoned from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions:- (a) the use of the property shall be limited to business/professional offices and/or dwelling units within the existing building; and (b) the owner shall make arrangements to lease or otherwise acquire the use of off-street parking facilities, calculated at half the B-2 standard, within the general area of the subject property to accommodate the employees and residents of the building, and that written documentation that such arrangements are in place shall be provided to the Development Officer on an annual basis, if so requested. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from High Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites 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 property located at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from High Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a property located at 134 Sydney Street (NBGIC Number 5371), known at one time as the 1880 Club, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business 84-104 COMMON COUNCIL MAY 10,1993 classification, pursuant to Section 39 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 Knibb 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 Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 610 Millidge Avenue (NBGIC Number 55062251 and part of Number 42036), located at the corner of Millidge Avenue and University Avenue, from "R-1A" One-Family Residential to "B-2" General Business classification, to permit the development of a retail, commercial and professional neighbourhood service centre of approximately 21,000 square feet, as requested by Rocca Property Management Inc., and that no written objections were received, with a letter (copies of which were forwarded to Council members in their Council kits) in this regard having been received from CN Real Estate. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and a petition and two letters in opposition to the above proposal considered at the Committee's May 4 meeting at which the applicant expressed agreement with Planning's recommendation and a number of Millidgeville residents were also present in opposition to the proposal, two of whom indicated that they did not want any further commercial development in Millidgeville; advising that the Committee decided to recommend the application be referred to staff for further community input and clarification of the relationship between the Municipal Plan policies and he proposed re-zoning; and recommending that the public hearing be held as advertised, but that no decision be made until the Committee is able to submit a recommendation. Ms. Kitty Driscoll of 85 University Avenue appeared in opposition to the re-zoning and the commercial development proposed for Millidge Avenue and, referring to a petition (which she subsequently filed with the Common Clerk) which she noted contained the names and addresses of 128 residents of Millidgeville who oppose the development, advised that, of the persons with whom she spoke, 95 per cent were opposed to the development and gave varied reasons, including the view that Millidgeville residents should have a voice in developments that directly affect them and their environment in that they provide a very large tax base toward the entire tax base of the City; the continuation of the residential nature of Millidgeville; a concern about the encroachment of the City into the suburbs; a concern about an increase in traffic in an already-congested area; and the opinion that neither the population of the City nor the economy could sustain a mall at the subject location at this time, all coming down to total opposition to a commercial retail development at that particular location; and that it was suggested that the subject land should perhaps be used for a recreational area or cleaned up and enclosed with a few park benches. Ms. Driscoll advised that those in favour of the project with whom she spoke indicated a desire for a hairdresser in the area, as well as to have all services in the neighbourhood without having to go outside the area for anything, and he need to create new employment; and commented on the importance of trees and remote areas to the environment and the quality of life. During discussion Ms. Driscoll noted her letter to the Planning Advisory Committee (a copy of which was submitted to Council with the Committee's report). Mr. Stephen Tobias of 66 Orange Street spoke in opposition to the above proposal on behalf of Ricky's Somerset Plaza located on the corner of Churchill Boulevard and Somerset Street, on the basis of not only the concerns expressed by Ms. Driscoll in her above presentation but essentially the contention that the North End, at this point with the amount of development and the amount of vacancy rates throughout the entire North End, does not need the proposed development; and, having noted 84-105 COMMON COUNCIL MAY 10,1993 buildings in which vacancies currently exist, suggested that there is already ample opportunity if there is a new business venture that would like to establish in the North End and that new business is welcomed and needed. Mr. Tobias also suggested that the situation would be doubly worsened, however, if a new development moved in and simply duplicated businesses which already exist in the North End because, if people were asked, it is likely that the best they might have to say is that their retail sales have been flat, not growing, the last couple of years; noted that a shopping plaza which was already built near the subject site did not work; and made the observation that, as the citizens have expressed a desire not to have the proposed development, the development would not be patronized and, in years to come, the building would still exist as another building with vacancies, competing for the same businesses and the same finite amount of dollars available for retail, commercial and offices which could be in the North End. Mr. Tobias expressed the view that any employment that the site might create would result in the elimination of employment in other businesses; and, while the tax base might be increased by the development, other developments could be successful in having their tax assessments lowered due to vacancy rates in the area; and expressed the opinion that it is important to support the already-existing businesses and that more is not needed now in the North End. Ms. Charlene Stephen of 190 Hill Heights Road addressed Council in opposition to the proposed development on behalf of a number of residents of the subject area, having appeared before the Planning Advisory Committee at which time she presented the Committee with a petition of approximately one hundred names; and advised that one of the major concerns is the residential nature of the neighbourhood in that most people who live in the subject area take pride in their properties, enjoy the river and the fact that it is one of the last residential areas and appreciate the fact that is the last area before leaving Millidgeville to move to the River Valley where some of the more attractive residential areas are located; and that the other aspect is safety in that there are many bikers and walkers in the Millidgeville area. Ms. Stephen suggested that a development of the nature proposed would certainly change the type of commercial development that already exists in the area, particularly an operation in the nature of the take-out restaurant which would bring people who work at the University, the Hospital and the Red Cross into Millidgeville thereby changing the traffic pattern in that the City designed the main arterial to the Hospital in such a manner as to avoid bringing that traffic into Millidgeville. Ms. Stephen also suggested that, as Millidgeville residents support the City Market and the uptown area, the proposed development would detract from the uptown core which the City has been working so hard in the last few years to develop; and that, if a retail operation were not successful, the "B-2" zoning offers a broad spectrum of uses, including a tavern and cabaret, to the area which the residents would not want; therefore, Council could consider a "B-1" zoning as many of the restrictions in this zoning are ones with the which the residents could live. Ms. Stephen expressed concern about garbage, particularly associated with a take-out restaurant, as well as with signage which would change the nature of the area. Councillor Trites asked that staff cross reference the petition submitted to Council by the Planning Advisory Committee with the petition presented to Council by Ms. Driscoll to determine if there is any duplication of signatures; and during discussion Ms. Stephen advised that the general consensus is that people want the area to remain residential, with the concern being the type of things a fast-food and that type of development would bring does not go well with the community and that the residents do not object as strongly to a professional development centre as it is a nine to five operation without the traffic, garbage and large plastic signs that are associated with a fast-food development; and Mr. Baird commented on the uses permitted in "B-1" and "B-2" zones. Mr. John Rocca, Vice President of Rocca Property Management Inc., appeared in support of the application and, having circulated photographs of the project in terms of architectural concept, and distributed information comparing the project to the guidelines of the 1989 Millidgeville Neighbourhood Plan, advised that the applicant has signed a 50-year lease with CN for the subject site, which owns the land in question, subject to re-zoning; and made the observation that the subject land and another parcel of land was acquired by CN in a land exchange with the City for the civic centre project and, at all times in the Community Plan, has been shown as commercial. Mr. Rocca, referring to the distributed information, noted the 1989 enactment of a Municipal Plan amendment adopting the Millidgeville Secondary Plan after extensive public input and consultation; and advised that the applicant is not proposing any change to the Plan in that the Millidgeville Neighbourhood Plan, approved by the citizens and confirmed by 84-106 COMMON COUNCIL MAY 10,1993 Council in 1989, proposed for this specific site a neighbourhood commercial centre to be the focus of the social, cultural and entertainment activity to be developed, which is exactly what the applicant is proposing. Mr. Rocca also noted that, in 1989, reference was made in the Millidgeville Neighbourhood Plan to existing commercial development in Millidgeville being substantially less that the population level could normally support, as well its recommendation that commercial development take place on the subject site so that traffic would not be directed through residential areas, and, as this area was the focal point in terms of traffic and other business activities, this type of project should also be centralized in that core area where other commercial activities and business activities were taking place. Mr. Rocca, in comparing guidelines of the 1989 Neighbourhood Plan, made the observation that the applicant is proposing only an 18% maximum lot occupancy, whereas the Plan proposed a 30% occupancy; and that the type of zoning required to be consistent with the nature of the project that was envisaged was "B-2", not "B-1" zoning. Mr. Rocca suggested that, as there has been public input in this regard, the burden of proof should be on those who wish to change the social contract that was entered into with the public, and that the burden of proof ought to be what has taken place since 1989 when Council approved the development for the site that would now make Council reconsider changing a major portion of what has already been approved, and that it would be worthwhile to reconsider if, since 1989, there has been repeated demands from citizens of the area or organizations representing citizens of the area to change the zoning or the Plans; if what is proposed by the owner of the land differs from what the Plan proposes; if there has been a material change in the character of the surrounding area or the community at large; or if there has been significant population shift into the area since 1989 whereby new people who have moved in did not have the opportunity to have their input into the Plan which was approved in 1989 and if they have been asking for the opportunity to have further input. Mr. Rocca expressed the opinion that the residents of the area dealt with, addressed and resolved all the issues in 1989 and nothing has taken place since that is of a material nature that would require or compel Council to revisit the whole issue again; and, on the basis of an apparent misconception in the area canvassed as to what the proposed project involves, explained that the applicant is not dealing with a shopping centre, nor with anything that competes with anyone outside of a one-mile radius of the site, and that the project involves a neighbourhood commercial centre intended to serve the needs of the people who live and work within a one-mile radius of the site, having operations such as a hairdresser, a laundry depot, a drug or video store. Mr. Rocca advised that the applicant is proposing two freestanding buildings, one of which would be a restaurant of a coffee- and-donut-type operation with a drive-through, the other which hopefully would be a bank, and that the third building would be comprised of a professional centre in one third of the space, a video store in one third of the space, and one to four stores in the other approximate one third of the space; and that excluding the professional offices on the mezzanine level, the three buildings would include seven stores maximum, with no retail stores in the sense of fashion of gift. Mr. Rocca addressed the concern about traffic on the basis that the project would not bring in people from the outside the neighbourhood but rather would service already-existing traffic in the neighbourhood. Mr. Rocca made the observation that where there is conflict between the Community Plan and the Zoning By-Law the Community Plan overrules and, having referenced the indication in the Millidgeville Neighbourhood Plan to the effect that the location of new local commercial facilities should not necessarily be pre-zoned and thus would require an application for re-zoning, noted that, essentially, it was the intent to wait until somebody such as the applicant appeared with a specific plan so that Council could review the details and make a decision; however, the decision as to whether or not it should be a commercial development was already made in 1989. Addressing the Planning Advisory Committee's recommendation, Mr. Rocca advised that the applicant is concerned about a delay in that, if the development is to be opened before the Christmas season, there is not much time left to complete the plans and obtain approvals; and asked that if Council accepted the recommendation that a condition be imposed, if possible, that the Committee submits its recommendation to Council in time to allow Council to make a decision at the May 25 Council meeting. Mr. Rocca expressed the concern about the petitions circulated in this regard in that the nature of the project has not been described and the petitioners are being misinformed as one petition sent to approximately 500 households describes the coffee shop-restaurant proposed as more of a fast-food take-out restaurant similar to McDonald's establishment, which is not the case; and commented on the suggestion of a "B-1" zoning from the point of view that it would not be appropriate to the type of development proposed because of financing difficulties. Mr. Rocca, responding to Council queries, clarified that the retail component on the ground level of the middle building would be occupied by a video 84-107 COMMON COUNCIL MAY 10,1993 store in one third of the space and the balance of the space could physically support at the most only four additional stores; therefore, excluding the professional centre, there would be seven operations on the site consisting of a video store, four additional stores, a restaurant and a bank; and explained that, while the applicant has not solicited any tenants in that without the re-zoning it is obviously a waste of money, this type of development traditionally attracts beauty salons, dry cleaning depots, food operations, drug stores, video stores and other service-oriented operations, but not fashion nor gift stores. Mr. Rocca offered to meet with area residents who have concerns about certain items within the "B-2" zone, such as a tavern and cabaret, and to, by agreement, rule those things out; and advised that, while a "B-1" zone offers many of the same uses as a "B-2" zone, a "B-1" zone is not flexible enough, the "B-2" zone being more general with respect to retail and allows things like a video store which a "B-1" zone will not allow. During discussion Councillor Gould indicated his intent to make a preamble prior to his question to Mr. Rocca whereupon the Mayor advised Councillor Gould that the City Solicitor has asked Council members making a preamble before a public hearing is over and, replying to Councillor Gould's query as to why he should vote to re-zone the land in question, Mr. Rocca re-iterated reasons why Council should re-zone the property, including the area residents' indication in 1989 in the Millidgeville Neighbourhood Plan that they wanted a commercial development on the subject site, and that the Neighbourhood Plan indicated that there was substantial demand for a neighbourhood service centre; and expressed the opinion that, as the residential zoning of the property would normally have been changed at the time the Neighbourhood Plan was adopted so as to conform with the Plan and it was recommended that that not be done until a specific proposal for development was received, technically what is before Council at this time is the details of the project, such as the number of entrances to and the buildings in the proposed development, its colour and architecture, not the question of whether there ought to be or ought not to be a commercial development on the subject site as Council has already approved a commercial development, and that the advice he has received is that the re-zoning is automatic in the sense that Council must change the zoning to a commercial use, possibly even "B-1" although the intent of the Neighbourhood Plan is clearly that it be "B-2", and that the appropriate zoning is not residential unless the Plan is changed. With respect to the latter, Mr. Rodgers expressed the opinion that there is no doubt that an issue has now been raised with which Council must deal in that the Community Planning Act requires Council to bring the Zoning By-Law in line with the Municipal Plan and that, while it does not indicate that this must be done within a certain time, Council is now within a situation of having to do something about it; and, while there is more than one zoning that could be enacted that would be consistent with the Plan, if Council finds no zoning that is satisfactory, Council has a legal obligation to look at the Plan itself; and he concluded that Mr. Rocca has correctly pointed out what the burden is should Council undertake to do the latter. Mr. Rodgers explained that it is not a question of the re-zoning being automatic because there is more than one zoning that is relevant to the Plan, but Council does not have the freedom that it would normally have if dealing with the Plan and the zoning together, and he confirmed that, while the Plan is in existence the way it is, a residential zoning is not one of the options. Concerning the reference in the above-mentioned letter from CN Rail to the City's commitment and not allowing unwarranted delays to deter CN's efforts to recover land values on which the trade was based, Mr. Rodgers suggested that this probably too strong a language from the point of view of what the City committed itself to do and that the reference to the land already being readily developed for commercial activity probably relates to the Plan that was in existence at the time of the land exchange and that CN has every right to rely on the Plan and expect Council to bring the Zoning By-Law in line with the Plan in some way that there would be conformity which would automatically mean some commercial activity. Councillor Trites, in noting the Planning Department's recommendation, suggested that Council needs clarification from the City Solicitor in terms of the prevalence of the Municipal Plan over the existing by- laws, as well as some clarification of the dialogue with CN when the land exchange was taking place. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table for two weeks Councillor Rogers proposed an amendment to the above motion to the effect that the City Manager be instructed to hold one public meeting with the residents who have signed petitions to give them information about the development so that they 84-108 COMMON COUNCIL MAY 10,1993 can be fully informed of the proposal. Mr. Rodgers, in noting that the above motion will allow time for the Planning Advisory Committee to submit its views to Council, expressed the opinion that it is not proper to amend a tabling motion. Question being taken, the tabling motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Eric L. Teed of the New Brunswick Branch of The United Empire Loyalists' Association of Canada submitting a list of appointees over the past 5 years as Honourary Charter Officials, a tentative program for Loyalist Observance Day - May 18, and the names of the persons recommended for appointment as Honourary Charter Officials for the year May 18, 1993 to May 17, 1994 as follows: Gauger - Daniel L. Britt; Warden of the Port - John C. Mason; Bell Ringer - AI H. Bennett; Surveyor of Bread - Marion Elliot; Inspector of Timber - Clifford (Nick) Skinner; Pilot - Betty Banks-Hebert; Port Master - Donald J. Hills; Inspector of Fish - Phyllis Sutherland; Surveyor of Highways - Edward L. Rising; and Surveyor or Provisions - Barbara Hunter -- be received and filed and the persons recommended be appointed as Honourary Charter Officials from May 18, 1993 to May 17, 1994. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Mr. Gary Lawson be named the City's nominee to the board of arbitration of Local No. 18, C.U.P.E., grievance 92-22, concerning retirees' benefits coverage. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, contract 93-8, asphaltic concrete street resurfacing, be awarded to Grove Construction (1986) Inc., at the tendered price of $1,093,357.19 as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for the supply of uniform clothing for the Fire Department be awarded as indicated in the submitted bid summary. Mr. Logan, in response to Council queries, explained that, in instances where the local companies submitted the low tenders but are not recommended for award, the samples submitted in some cases were not up to the standard that the City has been buying in recent years and in many cases samples were not submitted so there was no way to evaluate the bids and that the local bidder substituted this year with a different white shirt from the one tendered last year; and advised that the Province has not officially contacted the Finance or Purchasing Departments with respect to its recently-announces new policy dealing with tenderers from the Province of Quebec. (Councillors Chase and Coughlan re-entered the meeting during the above discussion.) 84-109 COMMON COUNCIL MAY 10,1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender of Stanchem Inc. be accepted for the supply of chlorine for 1993-1994 as follows:- (1) approximate 20 x 68 kg cylinders - $97.24/each; and (2) approximate 150 x 907.2 kg cylinders - $498.96/each. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager submitting a copy of Council's resolution to the Cities of New Brunswick Association concerning traffic court procedures and the issue of whether or not there were steps that could be taken to reduce both the number of times of the number of police officers and/or commissioners required to be present at ex-parte hearings to provide oral testimony; advising that, in the meantime, staff of the City's Legal Department, in working through one of the local magistrates and with the co-operation of the Police Department, has succeeded in developing alternative procedures that no longer require an officer to be present at ex-parte hearings; and recommending that the City of Saint John communicate to the Cities of New Brunswick Association that the submitted resolution be withdrawn from its agenda, and that the Association be given a copy of this report explaining the actions the City has taken in this regard -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Chief of Police submitting correspondence from the Fund Raising Committee of the Saint John and Western District Crime Stoppers requesting a grant from the City to assist in its endeavour; noting that Council, each year 1990 through 1992, has approved a grant of $3,000; and asking that Council again consider an appropriate grant this year. On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. Read the 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 reports that it sat on May 3, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers and Trites, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the City of Saint John not consider the enactment of a by-law regarding the holding of Tag Days but retain a role of coordinator of Tag Days and attempt to seek the co-operation of all organizations involved in this sort of fund raising; (2) the City offer to those organizations which have traditionally used a Tag Day as a significant source of funding a predetermined weekend on which to undertake their activities; and (3) the City communicate to the N.B. Liquor Commission the schedule of predetermined dates, an explanation of the process to be followed, and a request for its assistance in this manner. 84-110 COMMON COUNCIL MAY 10,1993 2. That as recommended by the City Manager, the following land exchange take place: (1) the City will acquire approximately 87 acres of land in Loch Lomond watershed on the Quaco Road identified as Part "A" of NBGIC Number 55021844, from Nancy Garfield, and Part "B" of NBGIC Number 55021844 from Canterbury Developments Ltd.; (2) the City will transfer approximately 44 acres of land on the northern side of Damascus Road, being all that part of NBGIC 198184 lying to the north of the Road, to Nancy Garfield, with Mrs. Garfield being responsible for preparation of the deed; (3) the City will transfer to Canterbury Developments Ltd. 25 acres of land on the southern side of Damascus Road, being part of NBGIC Number 198184, under the following conditions:- (3.1) the 25-acre parcel will be surveyed and subdivided at the expense of Mr. Richard Turner who will also provide a deed for the transfer from the City; and (3.2) there will be a right-of-way provided from Damascus Road to the remaining City land which will be shown on the survey that is to be completed; and (4) the Mayor and Common Clerk be authorized to execute the subdivision plans or deeds that are required to complete this land exchange. 3. That as recommended by the City Manager, (1) Mr. Patrick Young be given official notice to vacate the premises he occupies on the corner of McAllister Drive and Golden Grove Road as of June 30, 1993, such land required in conjunction with the relocation of Golden Grove Road; and (2) if Mr. Young does not open for business this year, no rental be collected from him for 1993. 4. That as recommended by the City Manager, staff be authorized to expend up to $16,000 to complete a detailed inspection of the services at the Grandview Subdivision, said expenditure to be charged to the Municipal Service Cost-Sharing Budget. 5. That as recommended by the City Manager, Gemtec Limited be retained to continue work on the Spruce Lake landfill project on a per diem basis in accordance with the work outlined in the submitted schedule. 6. That as recommended by the City Manager, Common Council (1) adopt Human Resources Policy #115, "Absences of Extended Duration - Medical" for Members of the Saint John Police Force covered by the working agreement between the City and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E.; and (2) appoint Dr. Lewis H. Freedman as its nominee to all medical boards established to assess the fitness for duty of members of the Saint John Police Force and authorize that such boards, once constituted, be requested to determine the fitness for duty of the employees concerned. May 10, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb 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 Chase RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 84-111 COMMON COUNCIL MAY 10,1993 On motion of Councillor Knibb Seconded by Councillor Trites 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 Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Gould RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. Read a 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 reports that it sat on Friday, May 7, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Landers, McAlary, Trites and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That Common Council authorize the Saint John Regional Exhibition Centre Commission to name the Regional Exhibition Centre facility. May 10, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. The Mayor noted that the name chosen for the above facility is Harbour Station. Question being taken, the motion was carried. Read a report from the Planning Advisory Committee advising that the Committee considered the submitted report from the Planning Department regarding an application for an amendment to Council's assent concerning a public street and the renaming of the same street in the Bon Accord Subdivision, Phase 5 at its May 4 meeting at which the applicant was present in support of the proposed recommendation and Thomas Construction Limited expressed concern regarding another unrelated matter in the Subdivision, being the turn-around diameter of 37.5 metres (124 feet) with a request that this diameter be reduced to provide adequate lot depth; also advising that the Committee amended its approval of August 16, 1988 of the naming of McGreggor Place to McGregor Plan which is the correct spelling; and submitting a recommendation in this regard. 84-112 COMMON COUNCIL MAY 10,1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend it assent of August 22, 1988 concerning the vesting of McGreggor Place (now McGregor Place) in the Bon Accord Subdivision, Phase 5, in accordance with the submitted photo-reduced subdivision plan indicating a turn-around diameter of 30.48 metres (100 feet). Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee submitting a recommendation with respect to a subdivision at 1095 Sand Cove Road. Consideration was also given to a letter from Mr. John McBriarty advising that he would be in attendance at this meeting of Council to address, as the applicant, any questions that may be required with respect to the proposed subdivision at 1095 Sand Cove Road. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to a subdivision plan of 1095 Sand Cove Road with respect to the proposed extension of Ocean View Lane to vest as a public street and any required utility easements; and (2) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to provide for the required street extension. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that the letter from Mr. John McBriarty regarding the subdivision at 1095 Sand Cove Road -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a 6.79-metre (22 foot) strip of land along Mount Pleasant Avenue with an area of 499 square metre (5,371 square feet) as a public street, shown as Parcel A and Parcel B on the submitted tentative subdivision plan. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Chase RESOLVED that as recommended by the Planning Advisory Committee (1) Common Council assent to the submitted photo-reduced subdivision plan of Downsview Drive, Westgate Park Subdivision, showing Phase 1 and a municipal services easement, as well as to any required utility easement, with the exception of Lot "7P" is amended so that it does not cross over the Pipeline Road City Easement; and (2) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services Question being taken, the motion was carried. 84-113 COMMON COUNCIL MAY 10,1993 On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the report from the Planning Advisory Committee advising that, further to the update to Council on March 1 on the nature of a proposed Zoning By-Law amendment with respect to mobile signs, the Committee considered the submitted Planning Department report at its May 4 meeting when modifications were proposed to respond to earlier concerns and a representative from a sign company attended to be informed of the proposed amendments to the By-Law; and recommending that a public hearing date be set for the proposed amendments to the Zoning By-Law as set out in this report and the public notification be authorized -- be received and the recommendation adopted, with the public hearing to be held on June 21, 1993. Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, the establishment and operation of a lounge at 87-89 Golden Grove Road be subject to an agreement pursuant to Section 101 of the Community Planning Act, setting out the following condition:- (a) the lounge shall have a maximum occupancy of 25 persons. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that letter from Lieutenant- Colonel A.R.W. Lockhart, CD, Director of External Relations, Conference of Defence Associations, thanking the members of Common Council for the support given the 3rd Field Regiment (The Loyal Company) during the celebration of its Bicentennial, in particular the presentation of the new Colours -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that letter from The Boys & Girls Club of Saint John Inc. advising that it will be holding a major fund-raising dance at Lily Lake Pavilion on September 18; and asking if the rental of the Lily Lake Pavilion could be waived -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, expressing the understanding that the City of Saint John has not yet utilized the services of the Fredericton Waste Commission's mobile tire shredder and asking if the City is currently segregating tires and plans to shred them thus eliminating one problematic based material; suggesting a potential environmental activity at the City Market which would involve composting organic materials currently disposed of by various vendors in the Market; and submitting a recently-produced booklet on composting -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 84-114 COMMON COUNCIL MAY 10,1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk