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1993-09-27_Minutes 84-280 COMMON COUNCIL SEPTEMBER 27,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of September, 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. 1. Totten, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; M. Jamer, Director of Works; S. Galbraith, Director of Supply and Services; D. Logan, Purchasing Agent; J. Baird, Manager - Development Division, Planning; W. Edwards, Operations Engineer, Works; D. Sherwood, Chief of Police; G. Tait, 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 M. Vincent RESOLVED that minutes of the meeting of Common Council, held on September 20, 1993, be approved. Question being taken, the motion was carried. The Mayor proclaimed October 3 to 9 as Fire Prevention Week in the City of Saint John; noted the Canducky Derby on October 2; and outlined the activities planned for the opening of Harbour Station commencing on October 2, noting the first hockey game scheduled for the Saint John Flames on October 19. (Councillor Rogers entered the meeting during the foregoing remarks.) The Mayor recognized Mr. John MacQueen, Coach of the Saint John Bantam Paddlers, who presented T-shirts to Mayor Wayne and Deputy Mayor McAlary for their involvement in the Bantam Canoe Races of the New Brunswick Canoeing Association, which was the subject of presentations by the Mayor at the Council meeting of September 13. Councillor Coughlan commented on a forum in Bathurst, convened by The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, among all the cities, towns and villages to discuss recreation and various trends into the future, at which he and Recreation Director J. Brownell attended; and the Mayor thanked Councillor Coughlan, Chairman of the Rockwood Park Advisory Board, for attending the meeting in her stead. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the agreement recommended by The Market Square Corporation relative to Harbour Station (which was considered in Legal Session of Council earlier this date), and the lease of Shops 3- 4 (the former Diana Restaurant) (which was considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this meeting. 84-281 COMMON COUNCIL SEPTEMBER 27,1993 Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by The Market Square Corporation, upon execution by Meridian Construction Inc., the Mayor and Common Clerk be authorized to execute the submitted Acceleration and Waiver of Claims Agreement for the construction of the Saint John Regional Exhibition Centre. The Mayor called for a motion to invite Mr. H. Meinhardt, Chairman of The Market Square Corporation, to address Council at this time. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Mr. Meinhardt be invited to address Council at this time. Question being taken, the motion was carried. Messrs. Meinhardt; J. Shackleton, General Manager; and S. Appleby, Assistant General Manager, of The Market Square Corporation, were present at the meeting, and Mr. Meinhardt explained that a number of changes made to the design during the construction of Harbour Station, many of which were initiated to accommodate the specific needs of the operators and will result in substantial savings during the operating life of the complex, have also resulted in additional time and revisions to the construction schedule and, consequently, the completion date was pushed forward to November 18, 1993, which was unacceptable, in view of the planned opening on October 2, 1993, and would not fit in with the start of the 1993-1994 hockey season. Mr. Meinhardt advised that there have also been a number of claims from Meridian dealing with items that were, in its opinion, beyond its control, amounting to about $600,000 with additional claims forthcoming with respect to pre-cast concrete and the steel roof deck, and that negotiations with the contractor in an effort to resolve all of the outstanding issues have resulted in the above-mentioned Acceleration and Waiver of Claims Agreement which includes: (1) substantial completion by October 1, 1993; (2) Meridian to be responsible for all overtime by the contractor and his subcontractors necessary to accomplish this completion; (3) waiver of all claims by Meridian and an indemnity for any claims from its subcontractors and/or suppliers to the date of the agreement; and (4) waiver of any claims by the City and/or The Market Square Corporation against the contractor for any items prior to the date of the agreement; the effective date of the agreement to be August 9, 1993; and that, in consideration of the foregoing, a lump-sum payment of $300,000 will be made to Meridian Construction on October 1, 1993, the legal agreement having been drafted by legal counsel acting on behalf of the City to address these points and reviewed and agreed with counsel for Meridian. Mr. Meinhardt expressed the opinion that the agreement represents a fair and equitable resolution to the outstanding issues; and recommended that, upon execution by Meridian, the Mayor and Common Clerk be authorized to execute the Acceleration and Waiver of Claims Agreement submitted. Question being taken, the motion was carried with Councillor Gould voting "nay". 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 parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with a frontage on Somerset, Barker and Webster Streets, from Medium Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "BR" Business Residential to "B-2" General Business classification, as requested by Carl and Marcia Sherwood, and that a written objection was received from David & Eileen Shaw, and two letters in support were received from Brian Cullinan and Century 21 River Valley Realty Ltd. Consideration was also given to a report from the Planning Advisory 84-282 COMMON COUNCIL SEPTEMBER 27,1993 Committee submitting a copy of the Planning Department's report and one letter in favour of the above proposal considered at the Committee's September 21 meeting at which the applicant spoke in support of the proposal and, in addition to requesting approval of the Plan amendment and re-zoning, also requested that no section 39 conditions be imposed on the re-zoning, although, in response to concerns of the Committee, the applicant indicated that he would revise the proposed development so that there would be no driveway off Somerset Street; advising that the Committee decided to recommend that the proposal be approved, on the understanding that Mr. Sherwood will submit a letter to the City stating that there will be no driveway access to the property from Somerset Street; and recommending that (1) the Municipal Plan be amended by redesignating on Schedule 2-A, from Medium Density Residential to District Centre Commercial classification, a parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets; and (2) the same property be re-zoned from "BR" Business Residential to "B-2" General Business classification. Mr. Carl Sherwood appeared in support of his application; advised that the proposed building would be constructed specifically to house a business, namely, a Canada Trust Real Estate franchise known as Property Specialists Ltd., of which he is part-owner; and explained that, in selecting the subject site, the kinds of things important to the company included the ability to get on and off the Throughway to get to its markets which extend from Welsford through to Hampton, being central to that market, the provision of parking requirements for approximately 30 staff, and a location with some visibility; and also that, not only did the site meet those specific requirements, but the subject property appeared to be one that would be well suited to the company's purposes and, in fact, the business would be able to fit in with the community reasonably well, and that the property will be purchased subject to the proposed amendments being approved. Mr. Sherwood commented on his discussions with the Planning Department in first attempting to include both office space and residential apartments which he was unable to make work from a dollar and cents point of view, even with the possibility of infill grants, and subsequently the subject application; and suggested that the proposed building, which is designed to look like a residential property for all intents and purposes, would fit well with and, in fact, enhance, the surrounding community. Mr. Sherwood, responding to Council queries, advised that, as discussed at the Planning Advisory Committee meeting, the parking lot arrangements and siting of the building will change from what was submitted to Council, and he would anticipate not having an entrance off Somerset Street and is prepared to give an undertaking for that, and would like to have parking in the area of 35 to 40 cars; also advised that, while during business hours there would be people coming to the location from time to time, there is not a large walk or drive-in traffic to the business as much of the business done is in the customers' locations and, although there is the potential to have 40 real estate people and customers coming and going from the office, there would be no more than 4 or 5 customers per day at the very most who would come to the office, with the full sales force being in the office once or twice a week for sales meetings and special events and otherwise possibly 60 per cent of them would be in and out of the office once or twice a day; and explained that he is not prepared to enter into a Section 39 agreement for the reason that, considering his personal investment, he is not prepared to put himself in the hands of a planner ten years down the road for approval on the sale of his building to someone else in that it is just too big a risk as these are the same people who, after all, turned down his proposal in the beginning. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from Medium Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. 84-283 COMMON COUNCIL SEPTEMBER 27,1993 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 parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from Medium 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 McAlary RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from "BR" Business Residential to "B-2" General Business 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 Chase RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land located at 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from "BR" Business Residential to "B-2" General Business 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 Gould RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 1414 Hickey Road (NBGIC Number 55007058), having an area of approximately 2.5 acres, from Low Density Residential to District Centre Commercial classification; and (b) the proposed re-zoning of the same property from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, to permit the use of the existing garage for the repair of vehicles, as requested by Bev Mills, and that no written objections were received in this regard. 84-284 COMMON COUNCIL SEPTEMBER 27,1993 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 September 21 meeting at which the applicant and operator of the repair garage were in attendance, and the Committee, having considered the item and after hearing the presentations, referred this item back to staff to develop appropriate terms and conditions for approval; and recommending that the public hearing be held as advertised and that the application be tabled pending a further recommendation from the Committee. Ms. Donna Ankers addressed Council as co-owner of the property at 1414 Hickey Road in support of the above application; advised that the purpose of the request for re-zoning is to permit a young man who has taken up residence at the subject property, and who is unemployed, to make a living as a mechanic in the small garage that is located on the property approximately 250 feet off the road; and made the observation that the property in question is in an area that faces the back of Home Hardware and fronts on Simonds High School, and there is nothing infringing around the property. Responding to Council queries, Ms. Ankers advised that the man in question owns two or three of his own vehicles and that there might be five or six cars on the property at anyone time; also advised that there would never be any derelict cars on the property as they have put too much money into, and revamped, the property to permit it to become derelict; and further advised that the garage was built shortly after they purchased the property to house a backhoe so it could be worked on as it needs a motor job and, since the young man concerned moved to the property and seized upon the opportunity to work on cars, his business has just evolved. With regard to the commencement of the operation prior to re-zoning, Ms. Ankers advised that she has a copy of the listing agreement of the property from when they purchased it stating that the value was mostly in the land for commercial use, and they were under the impression it was already commercial, although they did not check it as they had no intention of using it for a business. Ms. Ankers apprised Council of the proposed operation in that all that would be done to the vehicles would be minor repairs, and would be a daytime operation of normal hours, with no night work perceived and no work on Saturday or Sunday. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, the application of Bev Mills for a Municipal Plan amendment and re-zoning of 1414 Hickey Road be laid on the table pending a further recommendation from the Committee. Question being taken, the tabling motion was carried. (Councillor Trites withdrew from the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from Mayor Wayne submitting a letter from Graham MacDonald, President of the Saint John Unit of the Canadian Cancer Society, congratulating Council on its recent enactment of the Smoking By-Law, and suggesting that Council consider a review of the effectiveness of the By-Law within six months -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the City Solicitor prepare a lease between the City of Saint John and Billy's Seafood Company Ltd. for space in the City Market; the City cost-share in an 84-285 COMMON COUNCIL SEPTEMBER 27,1993 amount of $5,000 for a connection between the former Diana Restaurant area and entranceway to the City Market; and that the Mayor and Common Clerk be authorized to execute the lease. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Acting City Manager, the tender of Canada Iron Castings Ltd. be accepted for the supply of municipal castings for the Water and Sewerage Department at the unit prices as tendered, as indicated in the submitted bid summary. (Councillor Coughlan withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the Acting City Manager, the low tender of Lounsbury Industrial Ltd., in the amount of $7,894 each (plus taxes), be accepted for the supply of three sets of quick coupler attachments for installation on City Works Department loaders. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager advising that the clean-up of junk and abandoned vehicles is scheduled for October 18 through to October 22 -- be received and filed. Mr. Totten explained the procedure for citizens to follow with respect to the above clean-up which the Mayor noted is different from the annual spring clean-up; and Mr. Bedford explained the manner in which junk and abandoned vehicles could be removed from private property, as well as from City-owned property. (Councillors Coughlan and Trites re-entered the meeting during the above discussion.) Question being taken, the motion was carried. Read a report from the Acting City Manager submitting a report from the Legal Department advising of a request from Mr. Paul P.D. Hatty, solicitor for the owner of 201 Tower Street, for an easement to permit the encroachment of the dwelling at civic address 201 Tower Street, upon Tower and Watson Streets; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute a grant of easement in favour of Claude LeBlanc, the present owner, to permit the encroachments of his building upon Watson Street and Tower Street, such easement to terminate with the destruction or removal of each of the said encroachments. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager advising of the 7 proposals received for security guard service for the pedway link 84-286 COMMON COUNCIL SEPTEMBER 27,1993 between City Hall and Harbour Station, two of which were felt to be more favourable than the others as they not only addressed the City's basic concerns about security, but included recommendations with regard to enhancing the service and expressed a willingness to be flexible with regard to the level of service required, given the nature of the facility; also advising that the prices offered ranged from, in year one, the low cost of $6.79 per hour for regular hours and statutory holidays to the highest bid of $7.52 per hour for regular hours and $23.81 for statutory holiday hours and, in year two, the lowest and highest prices are $7.11 per hour and $10.06 per hour (regular hours) and $25.15 per hour (statutory holidays); and further advising that, at present, security services are required between 12:00 noon and 1 :00 a.m., 7 days per week for a total of 91 hours and, based on the present needs, the value of this service, if awarded to the lowest bidder (Burns International Security Services Ltd.) for 1993-94 will be $32,130.28 (plus G.ST), and $33,644.52 (plus G.ST) for 1994-95, should the contract be extended for a second year. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Acting City Manager, the proposal submitted by Burns International Security Services Ltd. be accepted for the provision of security guard service to the pedway link between City Hall and Harbour Station, and the contract contain a provision for a renewal period of one year, exercisable by the City. During discussion Councillor Rogers expressed concern that the tendering process could be bypassed by the call for proposal process; made the observation that, with regard to the two proposals considered to be more favourable than the others on which staff had discussion with the companies concerned, she does not know if their prices were better because the information was not provided to her, nor does the above report include the prices proposed by Pinkerton's, or rate the experience of the other companies, or give information to indicate why Burns is more superior; and asked that, at a later meeting, the prices quoted by all of the seven companies which submitted a proposal call for the above service be made public. Mr. Totten noted other instances in which the City has used the proposal call process rather than the tendering process, as well as the reasons for the proposal call in this instance as indicated in the above report; and Mr. Logan, in response to the Mayor, explained the procedure used in calling for proposals and how staff determines with which companies to dialogue further; and advised that, in reviewing proposals, the price is really not a determining factor because it is relative to the level of service that is being provided, and that it is the level of service being proposed which is the determining factor. 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 McAlary RESOLVED that the report from the Acting City Manager advising that, with regard to William Reynolds' letter to Council on September 20 requesting that the City snow plow Lime Kiln Road in Brookville, the submitted previous Council reports outline the fact that the City takes responsibility for a right-of-way under two conditions: (a) they have been constructed to the City standard which has been accepted by the City as City streets and (b) they were plowed by the Province of New Brunswick prior to amalgamation and the City took on this responsibility, after amalgamation, and this common lane does not meet either criteria; explaining the difference between the roads referenced in Mr. Reynolds' letter and the subject common lane; and recommending that the City not provide the requested service -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary 84-287 COMMON COUNCIL SEPTEMBER 27,1993 RESOLVED that the update report from the Acting City Manager further to Irving Paper Limited's withdrawal of its proposal for a wastewater treatment facility at Midwood Avenue in favour of constructing a new pipeline along an existing pipeline corridor from the Irving Paper plant to the Irving Pulp & Paper Plant and then to the proposed facility at Sheldon Point, which is described in the submitted news release from J.D. Irving Ltd.; advising that, as the Sheldon Point proposed facility was to undergo a full environmental impact assessment, J.D. Irving Ltd. proposed that the wastewater pipeline from Irving Paper to Irving Pulp and Paper be consolidated as part of the application of Irving Pulp & Paper, Limited for a Municipal Plan amendment and re-zoning of property at Sheldon Point, and that the Minister of the Environment has considered this request and has determined that it can be incorporated as a component of the Irving Pulp & Paper project EIA subject to several conditions; also advising that Community Planning staff will be in a position to develop a report and recommendation regarding the proposed Municipal Plan amendment and re-zoning when Irving Pulp & Paper has prepared and submitted the necessary environmental information which is required as part of the EIA process which is anticipated to be later this year; and concluding that, as additional information is received through this process, Council and staff will be updated -- be received and filed. (Councillor M. Vincent withdrew from the meeting.) 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 September 20, 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 recommendations, namely:- 1. That the City Solicitor be authorized to take the necessary steps to bring before the Legislature an amendment to an act entitled "An Act relating to the Public Burial Ground in the City of Saint John", to permit the erection of a statue in the Loyalist Burial Ground. 2. That as recommended by the Acting City Manager, (1) street closing procedures be initiated to close that portion of Lansdowne Avenue lying north of the intersection with Pugsley Avenue which is shown as Part Z on a plan filed in the Registry Office on August 26, 1993 as No. 3071; (2) if the street is closed, the land be transferred to Canada Mortgage & Housing Corporation under the following terms: (2.1) the price to be $1.00; (2.2) Canada Mortgage & Housing Corporation will be responsible for all costs associated with the closing and transfer; and (2.3) easements will be retained to provide access to the services presently located within the right-of- way; (3) if and when the street is closed, the City will grant a right-of-way to the owner of the property at 1 Pugsley Avenue over the former street lying between his driveway and Pugsley Avenue before the transfer is made to Canada Mortgage & Housing Corporation; and (4) agreement to transfer this land does not explicitly nor implicitly obligate the City to complete the street closing. 3. That as recommended by the Acting City Manager, (1) the Recreation Department be authorized to hire two temporary employees for 26 weeks each, all as consistent with Article 9:04 of the Local 486 collective agreement; and (2) the Recreation Department Establishment be revised as follows: (a) add one Recreation Supervisor II position; and (b) delete one Recreation Supervisor I position. 4. That as recommended by the Acting City Manager, Common Council initiate the re-zoning of a portion of City land adjoining 102 Westgate Drive, shown as Parcel "A" on the submitted plan, from "P" Park to "R-1 B" One-Family Residential 84-288 COMMON COUNCIL SEPTEMBER 27,1993 classification. September 27, 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 Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary 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: AND FURTHER that the proposed re-zoning be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 8, 1993. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Council assent to the submitted photo-reduced subdivision plan of two unserviced residential lots (Lots 93-9 and 93-10), as well as to any required municipal services or utility easements in the Gladstone Acres Subdivision, 40-41 Gladstone Avenue; (2) Council accept the sum of $400 as cash-in- lieu for the required land for public purposes for the proposed subdivision; and (3) 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 McAlary RESOLVED that as recommended by 84-289 COMMON COUNCIL SEPTEMBER 27,1993 the Planning Advisory Committee, (1) Council assent to the submitted subdivision of four unserviced residential lots, as well as to any required municipal services or utility easements, with respect to 1151-1191 Golden Grove Road; (2) Council accept the sum of $1,320 as cash-in-lieu for the required land for public purposes for the proposed subdivision; and (3) 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 McAlary RESOLVED that as recommended by the Planning Advisory Committee, Council assent only to Lot 93-1 and any required municipal services easement with regard to the subdivision at 225 Hillcrest Road, and authorize the preparation and execution of a City/ Developer subdivision agreement to ensure provision of the required work. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that as recommended by the Planning Advisory Committee, Council accept the sum of $2,430 as cash-in-lieu for the required land for public purposes for the proposed Park Place Estates Subdivision on Thornbrough Street/Park Street Extension. 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, (1) Council assent to the submitted photo-reduced subdivision plan of eight serviced residential lots, as well as to any required municipal services or utility easements, at Westgate Park Subdivision, 4-50 Westgate Drive; (2) Council authorize the preparation and execution of one or more City/Developer subdivision agreements for one or more phases to ensure provision of the required work; and (3) Council approve any reimbursement to the developer for the extension of water and sewer materials beyond the limits of the proposed subdivision in accordance with the Subdivision By-Law. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the December 1993 meeting of the FCM National Board of Directors -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the letter Daphne A. Nicolle commending Council for putting a Smoking By-Law in place, and suggesting that public awareness and enforcement are needed to make this an effective By-Law -- be referred to the Acting City Manager for an update on the education program on the Smoking By-Law. Question being taken, the motion was carried. 84-290 COMMON COUNCIL SEPTEMBER 27,1993 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Uptown Saint John Inc. requesting Council's input on how its proposed Business Improvement Area expansion proposal affects the properties owned by the City of Saint John; and advising that, if the boundary is expanded as indicated on the submitted plan, all non- residential and non-recreational properties within the new boundary will be levied an additional 12 cents per $100 of property assessment on future property taxes which, according to the latest assessment figures provided by NBGIC, would result in an additional $640.56 being levied annually on the Red Rose Tea buildings and $309.72 being levied on the Smythe Street parking lot -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from Mike, Gail, Sarah and Janelle Donnahee expressing their thanks and appreciation for Council's stand against the proposed exotic bar establishment in Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Nancy Friars for a Zoning By-Law text amendment regarding the property at 674 Michael Crescent be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 8, 1993. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the letter from Mr. Khalid Malik, President of Rockwood Park Waterslides Ltd., commenting on the conditions for reinstatement of Rockwood Park Waterslides Ltd.'s license, as set out in the City Manager's letter of August 19 -- be referred to the Acting City Manager and that a written report answering the questions raised by Mr. Malik in his letter be submitted to Council for assessment and, in turn, brought to open session. Question being taken, the motion was carried. Councillor Landers noted that the Acting City Manager's recommendation dealing with a grant of easement for an encroachment, which was considered earlier in the meeting, inadvertently refers to Water Street rather than Watson Street as indicated in the body of the submitted report in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 84-291 COMMON COUNCIL SEPTEMBER 27,1993 Common Clerk