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1993-08-03_Minutes 84-214 COMMON COUNCIL AUGUST 3, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the third day of August, AD. 1993, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 1. Totten, Commissioner of Management Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage; W. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; R. Johnston, Deputy Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; J. Baird, Manager - Development Division; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on July 19, 1993, be approved. Question being taken, the motion was carried. The Mayor proclaimed the month of August to be Muscular Dystrophy Awareness month in the City; congratulated Mr. Daryl Wilson, Commissioner of Finance on being awarded a Fellowship from the New Brunswick Institute of Chartered Accountants; expressed sympathy to the family of the date David Mabey, an employee of the Building Inspection Department; noted that the painting on display in the Council Chamber of the late Ella Grosweiner, the City's first Cultural Affairs Officer which has been presented to the City by her family and will be displayed in the City's art gallery; noted that she has been presented with a painting of the City's first Mayor, Gabriel Ludlow which will be hung in the Red Room. Councillor Coughlan asked that residents assist the City by mowing grass on sidewalk grass plots adjacent to their homes; and that citizens consider hiring students. The Mayor called for a motion to add to the agenda of this meeting the City Manager's recommendation regarding Local 771, I.AF.F. binding arbitration (which was considered in Committee of the Whole earlier this date); and to withdraw from the agenda the City Manager's report regarding the tender for playground equipment. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that a recommendation of the City Manager regarding Local 771, I.AF.F. binding arbitration be added to the agenda for consideration at this meeting, and the City Manager's report regarding the tender for playground equipment be withdrawn from the agenda. 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 the property at 298 Douglas Avenue (NBGIC Number 368514), from "R-2" One- and Two-Family Residential to "R-4" Four- Family Residential classification, to permit the conversion of the existing three-family dwelling to a four-family dwelling, as requested by Mr. Ralph Stephen, and that no 84-215 COMMON COUNCIL AUGUST 3, 1993 written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed re-zoning. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at the Committee's July 27 meeting at which the applicant was present and no one spoke against the application; and recommending that the property at 298 Douglas Avenue (NBGIC Number 368514) be re-zoned from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions, (a) that at least five off-street parking spaces be provided, and (b) that the front 30 feet of the driveway be paved, as illustrated on a site plan to be approved by the Development Officer. 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 the property at 298 Douglas Avenue (NBGIC Number 368514), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor A. Vincent 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 the property at 298 Douglas Avenue (NBGIC Number 368514), from "R-2" One- and Two- Family Residential to "R-4" Four-Family Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, an area of land being approximately 6 acres in size with frontage on both Westmorland Road and McAllister Drive, from Major Institutional to District Centre Commercial classification, to permit re- zoning of the same area to the "SC" Shopping Centre zone and the development of an unenclosed neighbourhood service mall, as requested by the Exhibition Association of Saint John. The Mayor asked if Council wished to have Mr. Louis E. Murphy, M.L.A. Saint John Harbour, address Council at this time, noting that his presentation is not scheduled until 7:30 p.m. 84-216 COMMON COUNCIL AUGUST 3, 1993 On motion of Councillor Landers Seconded by Councillor Chase RESOLVED that Mr. Murphy be heard at this time. Question being taken, the motion was carried. Mr. Louis E. Murphy, M.L.A., appeared before Council in support of a request by Mr. Terry Gallant, owner of property at 428 Milford Road for an easement to permit him to build a porch that would encroach on the City street, which was denied by Council at its meeting of July 5, 1993; advising that since 1991 Mr. Gallant has spent a total of $8,900 in renovations to the property and the purpose of the front porch is so that each tenant will have their own entrance and that if permission is granted, the porch would not be any closer to the sidewalk than the present stairs. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the request for an easement at 428 Milford Road be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor McAlary RESOLVED that the resignation of Councillor Peter Trites from the Resolutions Committee of the Cities of N.B. Association be referred to the Nominating Committee. Councillor Coughlan suggested that the per diem rate paid to Council members during absences from the City on City business should be reviewed. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager, advising that he is resigning his position with the City, effective September 3, 1993 as he has accepted the position of City Manager with the City of Oshawa, Ontario, and expressing appreciation for the many opportunities which both the City, and the community of Saint John, have provided to him over the past seven years. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the resignation of John Brown, City Manager, effective September 3, 1993, be accepted. On behalf of City staff and members of the Common Council, Mayor Wayne extended best wishes to Mr. Brown and his family. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 93-16, Clarendon/Harvey/Main/Metcalf Streets, water and sewerage construction, be awarded to the low tenderer, Fairville Construction Ltd., at the bid price of $387,949.00, as calculated based on estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. At the request of the Mayor to update Council on the major watermain break on Friday, July 30th, Mr. Butler advised that the 24" water main on Rothesay Avenue failed at 4:30 a.m. and resulted in a loss of water to the uptown area, North End 84-217 COMMON COUNCIL AUGUST 3, 1993 and South End; that it took about three hours to isolate the break and restore water supply to the affected areas and that the repair was completed around midnight of the same day at a total cost of $12,000 to $13,000. Responding to a query from Councillor Gould as to whether anyone suffered water damage to their property, Mr. Butler advised one building had up to 2 feet of water, but that he is not certain they had damages, however, the City's insurance company has been notified. Consideration was given to a report from the City Manager concerning Rockwood Park Waterslides Ltd., submitting a recommendation for Council's consideration. Mr. Brown informed Council that as of 3:10 p.m. this date he was advised that the Continental Insurance Company was renewing the bond for the Rockwood Park Waterslide, however, he thinks it appropriate for Council to adopt his recommendation at this meeting as the bond renewal is subject to a financial statement being provided by Mr. Khalid Malik to the insurance company, and when that is provided and the bond renewed, Council will be so advised. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that, relative to the July 19, 1993 Committee of the Whole meeting concerning Rockwood Park Waterslides Ltd. License and performance bond, Common Council resolved that Rockwood Park Waterslides Ltd. was to meet the following requirements, (1) remit the 1292 and 1993 licence fees, both being in arrears, (2) repair the facility deficiencies to the satisfaction of the Assistant City Manager, Municipal Operations and the Building Inspector, (3) provide proof that comprehensive general liability insurance continues in force, and (4) deliver the new performance bond prior to expiry of the existing performance bond; that to date, Rockwood Park Waterslides Ltd. has not met the aforementioned conditions and that it is the opinion of staff that the company has violated its license by failing to remit the annual licence fees for 1992 and 1993 by June 30th of each year, has failed to maintain comprehensive general liability insurance and provide documentation to this extent by May 1, 1993, has not provided evidence of payment of the required premium to continue the performance bond after August 11, 1993, has failed to keep lands free of debris and litter and to provide waste receptacles, has failed to maintain the lands in a condition compatible with Rockwood Park lands and being acceptable to the Assistant City Manager, Municipal Operations, and failed to meet the requirements of the National Building Code of Canada, has erected signs not approved by the Assistant City Manager, Municipal Operations, and has failed to secure the site from unauthorized use and occupation; and recommending that as a result of the above-mentioned breaches and/or non- performance by Rockwood Park Waterslides Ltd. of its obligations under the licence that the licence be terminated and that the Mayor and Common Clerk be authorized to sign and seal a notice of termination to Rockwood Park Waterslides Ltd., and further recommending that the City Manager be authorized, in the event that Rockwood Park Waterslides Ltd. Has not by August 5, 1993 removed all structures and restored the land to its condition immediately prior to June 11, 1984, to notify the Continental Insurance Company of Rockwood's deficiencies - be received and filed and the recommendation adopted. During ensuing discussion Mr. Rodgers advised that the recommendation has been prepared by the City Manager with legal input to take the necessary action because of the August 11 deadline of the performance bond and that the first part of the recommendation is authorizing the termination of the licence which has to take place first and then once that is done the City can order the removal of the structure and if that is not done within the time then the City can claim against the performance bond. It was suggested that should Mr. Malik correct the deficiencies and put the bond in place, Council could negotiate a new lease. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager regarding the submitted letter from the Saint John Knights who will be hosting the Provincial Midget B Baseball championships at St. Peters baseball field on August 27, 28, and 29, requesting financial support toward the cost of umpires and baseballs, 84-218 COMMON COUNCIL AUGUST 3, 1993 and pins, brochures, maps and pamphlets; advising that the request does not fall within any of Council's approved policies, however, staff would be most pleased to provide pins to all visiting players - be received and filed and Mr. Amedee Cormier of the Saint John Knights be advised that the City is not prepared to provide funds for the engagement of umpires or the procurement of baseballs. Question being taken, the motion was carried with the Mayor and Councillors Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that the lease for St. Croix Creations (308 sq. ft. stall) expires on September 30, 1993 and they have asked for their lease to be renewed for 15 months from October 1, 1993 to December 31, 1994; submitting the section of the City Market By-Law dealing with Market fees for Council's information; and recommending that the City Legal Department prepare a new lease with the changes indicated herein, and that the Mayor and Common Clerk be authorized to execute the lease - be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the City Manager regarding the request from Eastern Brakes Ltd., owners of 11 Sewell Street, for the City to demolish their property concurrently with the demolition of the former bottle exchange on Station Street, which was referred to staff by Council at its meeting of July 19; advising that discussions with the owner have indicated they do not have the resources to demolish the building, which they originally acquired to provide additional parking for their business and that they feel demolition of the building by the City would improve the appearance of the overall area and that they are not prepared to deed the land to the City should it pay the costs of demolition; that the Building Inspector has advised he would not recommend the building be demolished concurrently with the former bottle exchange since the costs would be significantly more than the bottle exchange demolition of $1,700 and a separate tender would be required at an estimated amount of $7,500; and recommending that the solicitors for Eastern brakes Ltd. Be advised that the City is not prepared to demolish his client's property at 11 Sewell Street - be received and filed and the recommendation adopted. Responding to a point raised by Councillor Landers on the condition of the building, Mayor Wayne advised that the matter will be monitored by the Building Inspection Department. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager Mr. Gerald M. (Gary) Lawson be named as the City's nominee on the Arbitration Board in the matter of the collective bargaining dispute between the City of Saint John and the Saint John Fire Fighters' Association, Local 771, I.A.F.F. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". Read report of the Committee of the Whole (as follows) 84-219 COMMON COUNCIL AUGUST 3, 1993 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on Tuesday, May 25, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, a call for development proposals be prepared and issued for the redevelopment of the former Lipton property at 43-49 Mill Street which would include the adjoining land presently used as a parking lot by the Parking Commission, subject to the approval of CMHC and NBHC. August 3, 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 adopted. Question being taken, the motion was carried. Read a report from the Preservation Review Board submitting an assessment of the historic, architectural and contextual significance of the Red Rose Tea Building on Mill Street (Lipton property); advising that the Red Rose Tea Building has been identified as a special opportunity for development by the community groups involved in preparing material for the Uptown Strategy commissioned by Common Council; submitting the evaluation of the building's contextual and architectural significance, prepared by Board member, Doug Kochel of MMC Architects which concludes that the Red Rose Tea Building is an essential part of the impressive gateway to the city's Uptown formed by Harbour Station, the Mercantile Building and the Red Rose Tea Building; that the new Mercantile Building's design, - it's window shapes, colours, and multiple textures - are 1993 architectural reflections of the historic Victorian Red Rose Tea building and together the pair symbolize modern Saint John, a contemporary city rooted in a proud mercantile/industrial past; also submitting a brief history which shows the significance of this building as a surviving industrial/commercial landmark; and that the Board hopes the two reports will be made available to prospective developers for this unique and significant building and that the material will be useful in evaluating proposals for the building. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the above report be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on July 19, 1993, when there were present Mayor Wayne and Councillors Chase, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely: 84-220 COMMON COUNCIL AUGUST 3, 1993 1. That Common Council approve a fixed grant of $215,000 per year for a period of five years toward the operation of the Imperial Theatre, subject to an official request being received from the Board of Directors of the Imperial theatre project. 2. That the City Manager be authorized to call tenders for the purchase of equipment for the Millidgeville Community Centre, with the cost of such equipment to be reimbursed to the City by the Millidgeville Community Centre Committee by December 31, 1993. 3. That as recommended by the City Manager, Mr. Urban Murphy be named the City's nominee to the board of arbitration of Local No. 18, C.U.P.E. grievance 93-4 on behalf of Mr. Larry Gallant. 4. That as recommended by the City Manager, Mr. Nick Barfoot be named the City's nominee to the board of arbitration of Local 771, I.A.F.F. grievance 93-1 regarding statutory holidays. 5. That as recommended by the City Manager, proposals be requested for development of the Reversing Falls Tourist Bureau facility and the adjacent lands as a tourist attraction; and that Riviera Restaurant (1972) Ltd. Be advised of this decision and that the City is not in a position to discuss the renewal of its lease at this time. 6. That as recommended by the city Manager, the owner of the Three Mile Tavern be granted a license until June 30, 1994 to use all or part of the City-owned lands on McAllister Drive, as outlined on the submitted plan, at a rental of $600.00 per month. 7. That as recommended by the City Manager, authority be granted for the acquisition of a 4.0 metre wide easement, having an area of approximately 165 square metres on the eastern side of 41 Westminster Drive (P.I.D. Number 55054118) from Mr. Carl Blanchard, on the following terms and conditions: (1) the acquisition cost to be $1.00; and (2) the City will be responsible for all costs associated with the acquisition, including reinstatement of the area, if necessary. 8. That as recommended by the City Manager, the City finalize the agreement with Bruncor Leasing for the supply and installation of a joint dispatch centre at the quoted price of $631,618.86 (all taxes included) and that the Mayor and Common Clerk be authorized to sign all related documents. 9. That as recommended by the City Manager, Common Council, in accordance with Human Resources Policy #811, Recognition for Extraordinary Time Requirements, designate the following jobs as eligible under this policy: Works Department - Operations Engineer; Superintendent (6 positions); General Foreman (1 position); Water and Sewerage Department - Operations Engineer; Superintendent (3 positions); General Foreman (3 positions); Tourism Department - Tourist Officer; Parks Department - Superintendent (2 positions); General Foreman (2 positions); Golf Course Superintendent; Assistant Superintendent; and Supply and Services Department- General Foreman (4 positions). 10. That as recommended by the City Manager, infrastructure renewal continue to be a top priority for the City of Saint John, and that the City endorse the submitted resolution of the Federation of Canadian Municipalities in support of a national municipal infrastructure programme. August 3, 1993, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. With regard to section 1 of the above report, consideration was also given to a letter, dated July 29, 1993, from Donald A. Wishart, President, Imperial Theatre Inc., formally requesting on behalf of Imperial Theatre, that Council consider an operating grant of $2315,000 per annum (required for May 1994, and January 1995, 1996, 1997 and 1998); and noting that such request is not for open-ended coverage of any potential deficit, but rather is for a defined, regular commitment for operations of the theatre from opening night (1994) for five years. 84-221 COMMON COUNCIL AUGUST 3, 1993 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that Common Council approve a fixed grant of $215,000 per year for a period of five years toward the operation of the Imperial Theatre. 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 Knibb Seconded by Councillor Chase RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillors Gould, A. Vincent and M. Vincent voting "nay". On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Councillor Knibb stated that he is against any action by Council to deny to Mr. George Maniatis who has been an excellent restauranteur, the possibility of continuing to operate the restaurant at this location. Deputy Mayor McAlary noted that it is Council's hope that Mr. Maniatis submits a proposal for the future development of the Reversing Falls Restaurant and tourist area. Responding to a query from the Mayor as to whether the City will still be using the facility as a tourist information centre, Mr. Todd advised that the building will continue to be owned by the City and a tourist information centre will be a component of the overall development of the building, however, the City may not operate the information centre, it could be operated privately, which is one of the options of the proposal call. During ensuing discussion the possibility of better utilization of the Reversing Falls site, possibly including a year-round operation, was broached, and Councillors Gould and M. Vincent expressed their opposition to the proposed motion. Question being taken, the motion was carried with Councillors Gould, Knibb, A. Vincent and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 84-222 COMMON COUNCIL AUGUST 3, 1993 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that section 8 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 9 of the above be adopted. Speaking in opposition to the motion, Councillor M. Vincent advised that he believes the base salary should be adjusted rather than the proposed format. Question being taken, the motion was carried with Councillors Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Ronald Furlong, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more of the submitted photo-reduced subdivision plans of the Thomas and Folkins Developments at 1429-1433 Loch Lomond Road, but not assent to the proposed land for public purposes; (2) that Common Council assent to the required land for public purposes in the form of one or more of the proposed lots held in trust, which can be later exchanged for more suitable recreational lands further north on Blackall Lake; (3) that Common Council authorize the preparation and execution of an agreement with Paul Folkins, pursuant to Section 101 of the Community Planning Act, to provide for the following: (a) that a regrading plan be submitted and approved by the Chief City Engineer prior to any regarding of the site; (b) that the regrading of the site be undertaken in accordance with the approved plan in (a) and be completed eighteen (18) months from the date of the execution of the said agreement; (c) that security be provided to the City in an amount determined by the Chief City Engineer to complete the work required as indicated on the approved regrading plan, and such security shall remain in force until one month after the expiration of the agreement; (d) that all the work in regrading the site only occur between the hours of 8:00 a.m. to 5:00 p.m. weekdays; (e) that all vehicles transporting 84-223 COMMON COUNCIL AUGUST 3, 1993 material to and from the site gain access directly from Loch Lomond Road and not through the Ganong Subdivision on Norman Drive; (f) no processing of aggregates are to be undertaken on the site; and (g) with the exception of surplus topsoil as determined by the said approved regrading plan, disturbed topsoil be retained for future use on the site; and (4) that Common Council authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure the provision of the required services. Question being taken, the motion was carried. Consideration was given to a letter from Gerald F. Smith, owner of property in the Ganong Subdivision which abuts onto the Folkins property, advising that he is not in agreement of having his property altered; alluding to the proposal to lower the level of the Folkins property to be consistent with the Thomas and Ganong properties which will involve removal of the material from lot #93-6 in the Ganong Subdivision presently owned by him and which is situated at the corner of the Ganong Road and Norman Drive and backs onto the Folkins property; advising that he is not opposed to the development, but wants the City to be aware of the fact that there has been no agreement with any of the current property owners which will be affected. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Gerald F. Smith regarding his property in the Ganong Subdivision be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend its conditions for the operation of a non-conforming use at 1003 Latimer Lake Road the Thomas Construction Pit, to include: (1) the disposal area and site development is to be shown on the rehabilitation plan prepared by Hughes Surveys & Consultants Ltd., dated February 15, 1993; site inspection will be done by the Building and Technical Services Department staff and operational modifications may be required; (2) only dry non-contaminated building rubble shall be accepted at this site; the following lists indicate the acceptability of various materials: Acceptable Material - broken concrete, clean gravel, clean soil, salt free snow, broken concrete block, lath rubble, natural material, grubbing material; Unacceptable material - storage or disposal of: petroleum contaminated soils, snow containing road salt, liquids or materials containing likable liquids, roof sections, scrap metal, tires, dredge spoils; (3) the site shall be kept neat and tidy at all times; the waste deposits shall be confined to the smallest working area possible; (4) the deposited material shall be covered with clean fill on a regular basis; the risk of fire may necessitate a more frequent application of cover material; as required, an intermediate cover material shall be used to provide direct run-off; (5) the site owner shall be responsible for all material deposited at the site and shall immediately remove any material that is deemed unacceptable; no other activity shall take place at the disposal site without approval; (6) wastes shall not be deposited within 30 meters of a water course; the deposits shall not impede the natural flow of water; (7) wastes shall not be deposited in standing water; when the wastes and/or sub base are "poor draining" a 300 m drainage layer shall be installed beneath the waste deposits; (8) access to the site shall be controlled; (9) dust and/or erosion control measures shall be implemented as required; (10) the owner shall maintain a plan showing the location of the deposits and other pertinent operational information; an annual summary of disposal activities shall be submitted to the Department of the Environment; (11) the necessary equipment shall be available when required; (12) an access to cover material shall be maintained during winter operations; (13) all disposal shall be done during daylight hours; (14) all additional site development and/or major operational changes shall be approved by the City prior to implementation; all major problems hall be reported immediately to the Department of the Environment and the City; (15) the final elevations of the waste deposit shall correspond to the surrounding grades; (16) the final cover shall be seeded with a dense rooted, quick growing vegetation; and (17) when the site is no longer required it shall be closed to the satisfaction of the Department of the Environment and the Building Inspector. 84-224 COMMON COUNCIL AUGUST 3, 1993 Responding to a query from Councillor McAlary as to who can dispose of materials at this site, Mr. Baird advised that a variety of contractors will be using it, but not the general public; and that the purpose of this resolution is to establish the terms and conditions for the Building Inspector and his staff. Councillor Landers expressed doubt to adequate monitoring of unacceptable materials. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the Planning Advisory Committee, submitting a copy of the Planning Department" report considered at the Committee" July 27 meeting regarding the application of Northern Marine Services Limited to create two serviced residential lots overlooking the Saint John River at 24 Pokiok Road; and recommending that Common Council accept cash in lieu of land for public purposes as determined by the Subdivision By-Law of the City of Saint John - be received and filed and the recommendation adopted. Councillor Rogers questioned if cash in lieu of land could be used more extensively, noting that the City has many parcels of land which are never used for recreational purposes and asked if the City Manager could report on whether the City is moving more for the acceptance of cash than for land it does not use. The City Manager advised he will have a report on the matter for the next meeting of Council. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from the Duck Cove Recreation & Heritage Association, Inc. requesting that City staff install signs indicating "20 Km/h" and "slow children at play" at two locations indicated on the submitted map, and requesting a rebate of $300 provided by the Association for asphalt repairs as the result of storm line repairs - be referred to the City Manager. Mr. Brown advised that a meeting has been scheduled for August 6 with the Association and engineering staff to discuss several issues and this will be addressed at that time. Responding to a query from Councillor Landers as to the number of "Slow Children Playing" signs in the City, Mr. Armstrong advised that he is aware of only a couple of situations where this sign is in place and from the Traffic Engineering standpoint they disagree with it as they feel it is a very dangerous condition to allow children to believe they can safely play in the street and he will discuss this with the Association. Mayor Wayne advised that there is no overall policy on the aforementioned signs, that they are dealt with individually by the Traffic Engineer on a recommendation of Council. Councillor Chase noted that the signs being requested are replacement signs that were existing. Councillor A. Vincent referred to signage on North and South Market Streets and requested this also be addressed in the report. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The Association of Professional Engineers of New Brunswick advising that the Association's annual meeting will be held in Saint John in February, 1994; and requesting that the City place an advertisement in the 1994 annual report "Professional Engineer" - be received and filed and authority be granted for a one-quarter page advertisement. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Ronald L. Galbraith of 213 King Street West regarding the condition of an adjacent property and 84-225 COMMON COUNCIL AUGUST 3, 1993 submitting a copy of a letter from the Building and Technical Services Department in response to his complaint - be received and referred to the Legal Department. (Councillor Rogers withdrew from the meeting). Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from 1. Clark submitting a copy of his letter to the Editor of the Evening Times Globe citing incidents at the Martello Tower and the City Market experienced by tourists - be received and filed. Mr. Brown was asked to contact Parks Canada and the Department of Tourism on this matter. Councillor McAlary suggested the Deputy Market Clerk be asked to send a memo to the Market tenants reminding them of the importance of giving good service to the tourists and citizens; and in response to Councillor Chase advised that most uptown businesses have been asked by the Uptown Association to remain open to accommodate the cruise ships and also reminded to give a fair exchange rate. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Saint John District Labour Council regarding the recent announcement by Labatt's Brewery to close the Saint John plant, requesting that a Committee of Concern be struck immediately to meet with officials of Labatt's Canada, including Mr. John Labatt, to fully explore all options to ensure 105 jobs are not lost, and recommending that the Committee consist of representatives from the affected Union at Labatt's, the Saint John District Labour Council, Common Council and Labatt's Canada initially and then expanded to include representatives of the Provincial and Federal governments - be referred to the City Manager to establish an interim committee to address this issue involving a senior staff member appointed by the City Manager, representatives of Labatt's Brewery, District Labour Council, Economic Development Commission, Board of Trade, and any other person or representative body the Mayor deems necessary, and that this committee carry out an exploration of the possibilities and report back to Council on their preliminary findings within a 60 day period. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Bertrand Gobeil for the re-zoning of 1673 Loch Lomond Road 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 Monday, September 13, 1993. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk