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1993-08-16_Minutes 84-226 COMMON COUNCIL AUGUST 16,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth 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; C. Robichaud, Assistant City manager - Operations; 1. Totten, Commissioner of Management Services; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; W. Butler, Director of Water & Sewerage; B. Morrison, Director of Parks; J. Brownell, Director of Recreation; D. Logan, Purchasing Agent; J. Baird, Manager - Development Division; G. Yeomans, Manager of Accounting Services; P. Palmer, Deputy Market Clerk; D. Sherwood, Chief of Police; J. McNamee, Assistant Deputy Chief of Police; R. Johnston, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on Tuesday, August 3, 1993, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) The Mayor noted the completion of Festival By The Sea on August 29, with the weather having permitted all ten evening performances to be held at the outdoor site at Loyalist Plaza, and commended the organizers, participants and volunteers who assisted in making the Festival a success. Deputy Mayor McAlary, a member of the City Market Promotions Committee, advised that Parks Canada will be doing a film production in Saint John on August 27 and 28 which will include the City Market; and expressed appreciation to Keep Saint John Beautiful Inc. and those involved in the telephone book recycling project. 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 triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from Medium Density Residential to Light Industrial classification; and (b) the proposed re-zoning of the same area of land from "RM-1" Three-Storey Multiple Residential to "1-3" Light Industrial Park classification, to permit reuse of the existing building for offices, retail and showroom, as requested by Pro-woodworking Enterprises 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. Consideration was given to a report from the Planning Advisory Committee advising that it adopted the recommendation in the submitted report from the Planning Department at its August 1 0 meeting at which the applicant was not present and no one appeared in opposition to the above application; and recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from Medium Density Residential to Light Industrial classification, a triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696); and (2) the same parcel be re-zoned from "RM-1" Three-Storey Multiple Residential to "1-3" Light Industrial Park classification, subject to a resolution pursuant to Section 30 of the Community Planning Act providing for the following conditions: (a) the uses be limited to retail store, office, showroom and bank or financial institution; (b) at least ten off-street parking spaces be provided; (c) the 84-227 COMMON COUNCIL AUGUST 16,1993 lower parking area be paved; (d) broken pavement be repaired; (e) concrete curbing be installed to delineate the two accesses and extended between them as illustrated on a site plan to be approved by the Development Officer; and (f) the area between the two parking areas and the area behind the concrete curving in (e) above be landscaped as illustrated on a site plan to be approved by the Development Officer; and (3) the required site improvements be completed by June 30, 1994. On motion of Councillor Rogers 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 triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from Medium Density Residential to Light Industrial 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 Rogers Seconded by Councillor M. Vincent 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 triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from Medium Density Residential to Light Industrial 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 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 triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from "RM-1" Three-Storey Multiple Residential to "1-3" Light Industrial Park classification, pursuant to Section 39 of the Community Planning Act 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 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 triangular parcel of land located at 100 Kierstead Road (NBGIC Number 467696), from "RM-1" Three-Storey Multiple Residential to "1-3" Light Industrial Park classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 84-228 COMMON COUNCIL AUGUST 16,1993 On motion of Councillor Knibb Seconded by Councillor Gould 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 the property at 2224-2230 Ocean Westway (NBGIC Number 287151), from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family and Mobile Home Suburban Residential classification, to permit a mobile home to remain on the property, as requested by Mr. Elmer Clark, 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 re-zoning. (Councillor A. Vincent entered the meeting.) Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and two letters of objection considered at its August 10 meeting at which the applicant was present and in agreement with the staff report and no one appeared in opposition to the application; and recommending that a portion of the property with a width of 80 feet and a depth of 175 feet in the southwesterly corner of the property at 2224-2230 Ocean Westway (NBGIC Number 287151) be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family And Mobile Home Suburban Residential classification. 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 portion of the property with a width of 80 feet and a depth of 175 feet in the southwesterly corner of the property at 2224-2230 Ocean Westway (NBGIC Number 287151), from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family And Mobile Home Suburban Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor 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 portion of the property with a width of 80 feet and a depth of 175 feet in the southwesterly corner of the property at 2224-2230 Ocean Westway (NBGIC Number 287151), from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family And Mobile Home Suburban Residential 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 McAlary RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 84-229 COMMON COUNCIL AUGUST 16,1993 Public presentation was made of a proposed Municipal Plan amendment to modify Schedule 4-A by deleting the proposal to extend Catherwood Street north of Manawagonish Road to Dever Road, to permit the development of this area for residential purposes, as requested by St. Rose Parish Community Housing Inc. The Mayor and Councillor M. Vincent commented on the 1993 Canadian Little League Championships currently being held in Saint John. On motion of Councillor McAlary Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Susan West, President of Saint John Deaf and Hard of Hearing Services, Inc., expressing concern about 'deaf peddlers' who go around to malls and stores with ABC cards showing the manual alphabet in sign language with a plea for a donation, and asking Council to enact a new by-law banning the presence and practice of peddling -- be referred to the City Manager to meet with the mall managers to see if an agreement can be reached to control the problem in the malls. Question being taken, the motion was carried. The Mayor asked Council to consider at this time the 1992 Financial Statements. Read a letter from Councillor Coughlan, Chairman of the Finance Committee, submitting the 1992 Financial Statements of The City of Saint John General Fund, The City of Saint John Water and Sewerage Utility, and The City of Saint John Sinking, Reserve and Trust Funds as prepared by Coopers & Lybrand, and the Finance Department's report on the operating highlights of the General Fund and the Water and Sewerage Utility; and proposing that the audited Financial Statements be adopted and filed. Mr. Wilson advised that, as indicated in the operating highlights of the General Fund, the operating results in the General Fund were favourable, showing a surplus of $76,821 which represents the 11th consecutive year that an operating surplus has been reported, and that, as a result of a successful appeal of the property tax assessment on the Market Square Complex for both 1991 and 1992, there was a substantial saving in the amount of expenditures the City is required to make under the common area agreement. Mr. Wilson also advised that the City was quite successful in its 1992 short-term investments, having made considerably more interest on its idle cash than anticipated, as well as having more cash to invest than had been anticipated, partly due to some of the capital projects not requiring cash outflows as quickly as had been anticipated, such as the case with Harbour Station; and that, with the monies saved, the City was able to fully provide for two major liabilities - retirement pay to all employees and disability allowance to former employees (and their spouses) who have retired under the provisions of the Heart and Lung Act. Mr. Wilson noted that operating costs in the Transportation area related to the City's maintenance garage were about $390,000 less than budgeted as a result of a planned fleet replacement cycle and a regularly scheduled preventative maintenance program, and that the Saint John Transit Commission's operating subsidy in 1992 was $84,515 less than had been budgeted at the beginning of the year; that $117,251 remained unspent at year end relevant to Harbour Station, and the Canada Games Aquatic Centre reported favourable results for 1992 with a budget of $49,494 less than requested from the City in the fall of 1991. Mr. Wilson also noted the City's fiscal charges ratio of 13.6% of the total operating budget, while at the Federal Government level approximately 33% of all other expenditures goes to servicing the debt. (Councillor Landers withdrew from the meeting during the above presentation. ) On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that the 1992 Financial Statements of the City of Saint John General Fund be adopted and filed. Question being taken, the motion was carried. 84-230 COMMON COUNCIL AUGUST 16,1993 Mr. Wilson explained that the overexpenditure in the 1992 Protective Services budget is a result of the City's provision for retirement and disability allowances under the Heart and Lung Act, and that both the Fire and Police Departments did, in fact, stay within their budgets allotted at the beginning of the year. (Councillor Landers re-entered the meeting.) With regard to the Water and Sewerage Utility, Mr. Wilson advised that, as indicated in the operating highlights, the 1992 operating deficit of 41,096,846 brings the accumulated deficit of the Utility to $1,246,911 as at December 31, 1992, one third of which must be recovered in each of the three years commencing in 1994 and that, with the Utility itself, both the revenues and operating expenditures were close to the amounts budgeted. Mr. Wilson noted that the Utility made a one-time provision of $1,198,102 as a result of uncertainty over the collection of certain accounts, which resulted in the operating loss for the year being what it was; explained that the provision made at the end of 1992 was with respect to negotiations that were ongoing with two major industrial customers in the City and that, when the books were closed at the end of 1992, there was uncertainty as to how much would eventually be paid and recovered; and that, as reported to Council in Committee of the Whole earlier this date, a tentative agreement has been reached with the two industrial customers in question and the successful result of those negotiations, when all of the accounting is looked after in 1993, will be that the accumulated deficit is totally eliminated, with the significant factor being that, as the City wants to keep its rates in the Utility within reason and ideally no more than inflation, the negotiations will ensure that, going into 1994, the City will only have to be concerned about inflation and not about trying to recover the accumulated deficit. Representatives of Coopers & Lybrand were present at the meeting and, in response to Councillor Rogers, Mr. Hugh Tidby advised that the audit procedures for both the General Fund and for the Water and Sewerage Utility were carried out in accordance with generally-accepted auditing standards; that the management letter, which is in draft form and ready to be discussed with the Finance Department, outlines a number of opportunities identified by Coopers & Lybrand for some potential improvements in control procedures within the City; that Coopers & Lybrand, having had discussion with staff about the responses to the management letter from last year, is satisfied that the recommendations therein have been adequately taken care of; and that, with regard to the delay in the presentation of the 1992 Financial Statements, there are a number of reasons why the Finance Department decided that it wished to delay the issuance of the Financial Statements this year in that there were a number of reasons of concern in completing the audit, not least of which was the question in terms of the receivables on the Water and Sewerage Utility which was subject to negotiation, and staff felt that it would be appropriate to try and reach resolution of those issues because otherwise there was a significant risk of a scope limitation on the audit in terms of the receivability of that particular item, and that Coopers & Lybrand did not want to issue, nor did the Department of Finance want the auditors to issue, a qualified financial statement. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the 1992 Financial Statements of The City of Saint John Water and Sewerage utility, be adopted and filed. Question being taken, the motion was carried. With regard to the 1992 Financial Statements of The City of Saint John Sinking, Reserve and Trust Funds, Mr. Wilson noted that the most significant highlight in all of the funds is the fact that, out of The Saint John Non-Profit Housing Future Development Fund, $500,000 was disbursed, including $300,000 to UNBSJ and $250,000 for a development in the North End. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the 1992 Financial Statements of The City of Saint John Sinking, Reserve and Trust Funds, be adopted and filed. 84-231 COMMON COUNCIL AUGUST 16,1993 Question being taken, the motion was carried. Mr. Brian Beckingham, President of Uptown Saint John Inc. appeared before Council to present the consultant's findings and to advise Council of the next steps proposed for the City Market Animation Project as explained in the previously- submitted report prepared by the firm of Outside Design which was retained by an Uptown Saint John Inc. committee comprised of representatives from the City Market management, tenants and the Promotions Committee as well as adjacent business owners who have been working to develop a program to enhance and animate the public spaces around the Saint John City Market. Mr. Beckingham introduced Mr. Colin Whitcomb, General Manager of Uptown Saint John Inc., and Ms. Lydia Lewycky of the firm, Outside Design; and advised that it is the intention of Uptown Saint John Inc. to proceed with many of the recommended improvements in 1993 and subsequent years. Ms. Lewycky overviewed the City Market Animation Project which recommends the implementation of projects over a three-year period to accommodate budgetary requirements as follows:- for year 1 - banners on light poles and on the Market building itself, more tables and chairs in the Market and the solarium which, while felt by the Market vendors and other people to be a necessity, was felt by the Urban Design Committee after completion of the Animation Project Report to perhaps not be within its realm, high chairs so that families can sit down and have a meal together, a clock on the Germain Street facade of the City Market" the installation of windows in the wooden doors leading from the solarium to the Market, the addition of kites in the solarium and the link building, wooden vending carts, and entertainment, with Uptown Saint John Inc.'s intent being to undertake some of these projects this summer for completion by the end of the fall, including the banners, the kites, the clock and four vending carts for which funding is available to Uptown Saint John Inc. through the Cooperation Agreement; for year 2 - wrought iron gates at either end of South Market Street, an additional 4 wooden vending carts, a tent or canopy to cover the plaza space so that entertainment can go on even in bad weather, non-neon strip lighting to outline the Market building, much the same as that around Market Square, the addition of banners inside the Market, and entertainment; and, for year 3 - public art to enliven the space, an amplification system for performances in the Market plaza, interior plants in the Market building, and entertainment. The Mayor advised that, as Market Clerk, she considers the City Market Animation Project Report to be a very interesting document; and proposed that, as the City Market is a heritage building for which rules and regulations must be followed, Council should request the City Manager, the Heritage Officer, and others to review the document. Deputy Mayor McAlary, a member of the Market Promotions Committee, suggested that, as the Cooperation Agreement does not provide funding for equipment or furniture for public places and there is a need for more tables and chairs in the Market due to the greater number of eating establishments, it might be possible for the City to provide funding for the much-needed tables and chairs. Councillor Landers asked if consideration has been given to a green area of trees and flowers in the Germain Street area of the City Market where there is currently a lot of concrete, to which Ms. Lewycky replied that part of the reason the plaza area has been looked at its because it was recognized that there is so much brick and concrete and more colour was needed, thus the suggestion of banners, public art and so on; however, while the installation of more trees in the outside area has not been looked at, there has been talk about obtaining planters to hold annual plants about which Deputy Market Clerk P. Palmer could comment. Councillor Rogers, a member of the Preservation Review Board, suggested that extensive consultation is needed with the Board and the Heritage Board before affixing any banners, art or other things to the City Market building. Mr. Beckingham noted, in reference to the above mention of green space, Uptown Saint John Inc.'s "Adopt A Planter" project whereby Uptown business adopt planters along various streets in the Uptown which number about 24 at this point in time; and asked that Council give approval to Uptown Saint John Inc.'s proposal for the City Market Animation Project so that it can proceed with its work as soon as possible. The Mayor asked that, while normally Council would render a decision on the above presentation later in the meeting, the matter be referred to the City Manager, the Preservation Review Board, and appropriate staff for immediate review and dialogue. 84-232 COMMON COUNCIL AUGUST 16,1993 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the presentation of Uptown Saint John Inc.'s City Market Animation Project be referred to the City Manager and the Preservation Review Board for immediate review and dialogue. Question being taken, the motion was carried. Consideration was given to a letter from Mr. Khalid Malik, President of Rockwood Park Waterslides Ltd., advising that he would like to appear before Council at this meeting to present his case for his Company; and advising his intent to update Council on his views on the developments that have taken place since the August 3 Council meeting for which his submitted brief had been prepared. Mr. Khalid Malik appeared before Council whereupon the Mayor noted Council's receipt and review of his above letter, and asked that, in view of the comments therein, he meet with the City Manager as soon as possible, possibly tomorrow morning if that can be arranged, along with other senior staff who are involved in this project, to discuss the various matters prerequisite to the waterslide's potential future operation and, through the City's issuance of a new license, to determine what has to be done to work out whatever problems might exist so as to allow Mr. Malik to obtain a license. Mr. Malik advised that he would like to read his letter to which the Mayor replied that, while she would rather than he not deal with personalities as Council is not prepared to deal with staff in public in this forum, it would be in order for him to make points from his letter. Mr. Malik noted his previous attempts to make a presentation to Council, and advised that he would be prepared to meet on any of the questions he has asked in the last paragraph of his written presentation as he would like some response to same. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that Mr. Khalid Malik meet with the City Manager on the morning of August 17, 1993, if convenient. Mr. Malik questioned Council's procedure with respect to the possible availability, prior to the Council meeting, of staff reports to the person concerned, to which the Mayor replied that Mr. Malik was not treated different from anybody else in that documents are private until Council receives them in open session; and she thanked Mr. Malik for agreeing to meet with the City Manager as proposed. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 93-17, St. John Street - Walsh Place water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the bid price of $299,212.90, 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 McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) contract 93-18, Rockwood Park - construction of the Loop Road Bridge, be awarded to the low tenderer, Beattie Construction Services Ltd., at the bid price of $151 ,863.50, as calculated based upon estimated quantities; (2) the existing contract with ADI Limited be extended to include construction supervision; and (3) the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 84-233 COMMON COUNCIL AUGUST 16,1993 On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the lowest bid to meet the requirements of the tender for interior renovations at Fire Station #6, 290 King Street West, as submitted by choice Drywall Ltd., in the amount of $19,400 (all taxes included), be accepted. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender of The Standard Life Assurance company, in the amount of $52,582, be accepted for the supply of paid-up life insurance policies for retirees. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the low tenders, as indicated on the submitted bid summary, be accepted for the supply of plow blades and cutting edges for the 1993-94 winter season. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, if a public hearing date were to be set for the next available meeting to consider the application of Irving Pulp & Paper Limited for a Municipal Plan amendment and re- zoning of property at Sheldon Point, the hearing date would be September 27, 1993, and that, while meetings have been held with the Provincial Department of the Environment and the applicant as this is a major development project which is in the midst of a full environmental impact assessment process, the applicant is not yet in a position to submit the required information to the Province which would enable the Province to provide comments to the City with respect to the subject application; also advising that timing has been discussed with the applicant and it is anticipated that it will be late fall before the review process will have proceeded to a stage where all of the information is available; and submitting a recommendation in this regard. Consideration was also given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Irving Pulp & Paper, Limited, concerning property located between Sheldon Point and Sand Cove Road, have been completed, and written objections have been received in this regard from Tina R. McBriarty, Jean B. Flewwelling, Paula Whipple, Peter Foss, Lynn Foss, Mr. and Mrs. John McBriarty, Western Beaches Preservation Society, George H. and Diana G. Richardson, Save Our Shores Citizens' Committee, Catherine Robertson, Jean Foss, Ross and Willa Mavis - Proprietors of Inn On The Cove, and Greg Buck and Bonnie Lambert, as well as a copy of a letter to the N.B. Department of the Environment from Lorneville Ratepayers Association. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, a public hearing date not be set at this time for the application of Irving Pulp & Paper Limited for a Municipal Plan amendment and re-zoning of property at Sheldon Point and the application be tabled until comments from the Department of the Environment are available. Question being taken, the motion was carried. Read a report from the City Manager submitting a recommendation with regard to amending Common Council resolution of July 5, 1993 approving a Housing Through Infill Development grant for Mrs. Osborne to construct a single-family home at 84-234 COMMON COUNCIL AUGUST 16,1993 44-48 Exmouth Street, as it is now intended that Mrs. Osborne's daughter and son-in- law will assume ownership of the property and the house to be built on the property. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council amend its resolution of July 5, 1993, whereby the Housing Through Infill Development grant approved for Mrs. Osborne to construct a one- family dwelling at 44-48 Exmouth Street be transferred to Don and Elizabeth Duguay for the construction of a one-family dwelling at the same location. Question being taken, the motion was carried. Consideration was given to a report from the City Manager commenting on a proposal by Mr. Eric Claessen to build a log cabin at 1010 Acamac Backland Road, which is the subject of a letter from Mr. Claessen received by the Development Officer requesting Council's consideration in that Section 40 of the Zoning By-Law provides that Council must consider if satisfactory arrangements have been made for service; and explaining why the development of a log cabin at 1010 Acamac Backland Road is not recommended for Council's approval. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Council not approve the development of a log cabin at 1010 Acamac Backland Road with the present arrangements for street and other services. The possibility of entering into an agreement with Mr. Claessen that he would not ask the City for a road, lights, water and sewer services or anything else, especially in view of the location, was questioned by the Mayor to which Mr. Baird replied that the City's past experience with agreements indicate that there have been instances where the property is sold that the expectation of the future owners is in fact that they are seeking upgrading of service and that the other point in terms of listing the types of service that a person may not wish to have is the provision of fire and police services which are very difficult to provide and generally are only required on the emergency situation; and also advised that, while entering into agreements has been done in the past, it is not an approach that is being recommended. Councillor Rogers asked what the City could do to make the situation legal within the Zoning By-Law, such as a By-Law amendment or a variance, the latter to which Mr. Baird replied that, while Council has the decision of what it considers an appropriate level of service for the proposal to make and if it wishes to make an agreement to provide additional protection, a variance or amendment to the By-Law should not be considered as there are many instances when persons are building conventional homes and significant improvements are required to the street and the section in the By-Law is very necessary; therefore, if there is an exception to be made in this circumstance, it should be made by way of an agreement. The Mayor noted Mr. Claessen's intent to use the building for recreational, not residential, purposes, and to have his own gas-powered generator; and suggested that the matter could be tabled and staff be asked to discuss the matter further with Mr. Claessen. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the above matter be laid on the table for further discussion between staff and Mr. Claessen. Question being taken, the tabling motion was carried with Councillors Chase, Coughlan and Landers voting "nay". Read a report from the City Manager making a recommendation with regard to the request in the submitted letter to the Mayor and Council from Kimble E. Costain, New Brunswick Provincial Coordinator of an organization called One Canada - One Youth - One Hope, which is proposing a National Youth Conference on Multiculturalism to be held in Winnipeg, Manitoba in February 1994, for financial 84-235 COMMON COUNCIL AUGUST 16,1993 assistance for the New Brunswick delegation to the summit in establishing an administrative centre for the six months between now and the summit. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the request from the organizers of the National Youth Conference on Multiculturalism for financial assistance be denied, and that it be suggested to the organizers that they approach a service club in this regard, and further that the letter from the New Brunswick Provincial Coordinator of One Canada - One Youth - One Hope be forwarded to the Province of New Brunswick. During discussion the mover and seconder of the proposed motion to adopt the City Manager's recommendation agreed to add to the motion the Mayor's suggestion that the organizers should approach a service club for assistance, and Councillor M. Vincent's suggestion that the letter should be forwarded to the Province as it involves the New Brunswick Coordinator's office and appears to be a co-shared Federal responsibility. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Common Council give approval for a Special Events License for O'Toole's Roadhouse for the rear parking area on Chesley Drive behind the Howard Johnson Hotel for the period of September 4 to 6, 1993. In response to Councillor Rogers, Mr. Baird advised that, having spoken to the Liquor Licensing Board about special events licenses, each organization can have up to two such licenses every year, but locations such as the Exhibition facility or an arena can have as many special events licenses as there are organizations that wish to apply. 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 low tender of Paris Playground Equipment Inc., in the amount of $185,072.84, be accepted for the supply of new playground equipment to various sites throughout the City, and that $11,831.83 of the purchase be financed out of the Recreation Development Fund. Question being taken, the motion was carried. Read a report from the City Manager advising that three tenders were received for the supply and installation of new sewage pumps and motors in three sewage lift stations in the Milford/Randolph area, and that the tender of the low bidder was opened at a separate public tender opening, held the Monday following the normal closing date and time for this tender, such action taken on the advice of the City Solicitor after it was discovered that the bidder, through no fault of his own, deposited his tender in another box; and submitting a recommendation on the award of the tender. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender of Trent Industrial Contractors Ltd., in the amount of $53,320, be accepted for the supply and installation of new sewage pumps and motors in three sewage lift stations in the Milford/Randolph area. Question being taken, the motion was carried. 84-236 COMMON COUNCIL AUGUST 16,1993 Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Carl and Marcia Sherwood, concerning property at 9 Somerset Street, have been completed, and now written objections have been received in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Carl and Marcia Sherwood for a Municipal Plan amendment and re-zoning of property at 9 Somerset Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on September 27, 1993. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Bev Mills, concerning property at 1414 Hickey Road, have been completed, and no written objections have been received in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Bev Mills for a Municipal Plan amendment and re-zoning of property at 1414 Hickey 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 September 27, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-321 A 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) at least five off-street parking spaces be provided; and (b) the front 30 feet of the driveway be paved, as illustrated on a site plan to be approved by the Development Officer. The by-law entitled, "By-Law Number C.P. 100-321 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. 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 Tuesday, August 3, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely: 84-237 COMMON COUNCIL AUGUST 16,1993 1. That as recommended by the City Manager, and in view of the magnitude of Mr. Mitchell Franklin's community spirit and generosity and the fact that its use would not be for profit but for the betterment of the community, Common Council approve the donation of a 1964 King Seagrave Pumper, which is presently out of service, to Franklin Farms. August 16, 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 the above report be received and filed and the recommendation therein be adopted. 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) Council assent to the submitted photo-reduced subdivision plan of eight residential lots and municipal services easements, as well as to any required utility easement, with regard to Westgate Park Subdivision; and (2) Council authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required services. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the submitted subdivision plan for Lots 93-1 and 93-2, as well as to any required municipal services or utility easements, with regard to 80 Ash Street; and (2) 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. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the submitted subdivision plan for Lots 93-1 and 993-2, as well as to any required municipal services or utility easements, with regard to 16-24 Milford Road; and (2) Council authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required services. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the report from the Planning Advisory Committee submitting a copy of a report from the Planning Department proposing that the Subdivision By-Law be amended to give greater flexibility to those undertaking small developments, with a proposed amendment at this time to provide additional time for individuals to complete their obligations under the By-Law; and recommending that the Subdivision By-Law be amended by: amending Section 24(3) to provide for the completion of all work in 36 months, not 24 months as now provided -- be received and filed: 84-238 COMMON COUNCIL AUGUST 16,1993 AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", 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 To Regulate The Subdivision Of Land Within The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law To Regulate The Subdivision Of Land Within The City Of Saint John", 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 To Regulate The Subdivision Of Land Within The City Of Saint John". On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, referring to Council's recent decision not to proceed with either tire management activities or composting at the City Market; and submitting, as odours and possible rodent problems as well as space restriction led to Council's rejection of the composting concept, information on a piece of equipment which is suited to composting of an institutional-type use, takes up space less than one parking stall and is rodent proof and odourless; and concluding that she is hopeful Council will reconsider in light of the submitted information -- be referred to the City Manager for further review. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Eric L. Teed, Chairman of Loyalist Days Festival (Loyalist Days Inc.) asking Council to approve in principle that Fort Howe be made available for the 1994 Loyalist Days for an Indian Encampment and that the Delancey's Brigade Encampment in the Blockhouse area -- be referred to the City Manager for review. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Joseph P. Moulton inquiring about opening an adult exotic bar establishment in the Saint John area -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk