Loading...
1993-12-06_Minutes 84-385 COMMON COUNCIL DECEMBER 6, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of December, AD. 1993, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Gould, Knibb, Landers, 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; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; J. Brownell, Director of Recreation; D. Logan, Purchasing Agent; J. Bezanson, Heritage Planner; J. Baird, Manager - Development Division; C. Campbell, Manager- Policy Division, Planning; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor McAlary 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 November 29, 1993, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary expressed appreciation to those who pledged donations to the Empty Stocking and Goodfellow Funds which raised $104,639 in the annual fund-raising event on Saturday, December 4; and, having recognized Mr. John McAloney of Moosehead Breweries Limited, Mr. McAloney addressed Council regarding Moosehead Breweries' "Don't Drink and Drive" Responsible Use Campaign which commences the second week of December, and displayed a banner of the type established in nine locations throughout the City of Saint John promoting the responsible consumption of Moosehead Breweries' products. Deputy Mayor McAlary, Chairperson of the Annual Saint John Santa Claus Parade which was held on November 20, presented trophies to Parade entry winners as follows:- Woolco Department Stores for Best Parade Float and Best Retail Float, Family Services Saint John Inc. for Best Association Float, St. Marks Cubs, Scouts and Beavers of Saint John West for Best Out of Town Float, Saint John Port Corporation for Best Industrial Float, Debbie's Twirlers for Best Marching Group, 650 Vanier RC Air Cadet Band of Moncton for Best Marching Band, Cherry Brook Zoo for Best Non-Commercial Float, Simonds High School for Best High School Float, Jimmy the Janitor K-1 00 Evening Times-Globe for Parade Marshal's Choice, Jack Brewer for Best Individual Entry, Saint John City Market for Best Overall Theme, and Honourable Mention to Russell Drummond of Spruce Lake Industrial Park, Maritime Tire (not represented at meeting), South End Community Centre All-Star Cheerleaders, St. Malachy's Saints Cheerleaders, Moosehead Skate to Care '94 - Centracare Foundation, and Kennebecasis United Baptist Church (not represented at meeting). The Common Clerk advised that the necessary advertising was completed with regard to (i) a proposed Zoning By-Law text amendment to add a new Section 620(2)(c)(vii) as follows: "(vii) notwithstanding (i) or (d), a beverage room, club or lounge may be located at 660 Brown Street (NBGIC Number 298745); and (ii) amend the Section 39 conditions imposed by Common Council on October 7, 1985, when 660 Brown Street was re-zoned, by adding a beverage room, club or lounge with hours of operation restricted to 4 p.m. to 2 a.m. to the list of permitted uses at 660 Brown Street, to permit 1,500 square feet of interior floor space to be used for a lounge with liquor 84-386 COMMON COUNCIL DECEMBER 6, 1993 license, as requested by Mr. Dante Foriere of Diesel Power Services Ltd., and that written objections have been received from Gregory J. Brown, Terrence J. Kilfoil and Avis Dempster, with a letter having been received from Mr. Brian M. Cosman, Solicitor for the applicant, withdrawing the applications due the adverse reaction from the public respecting same, and asking that it be confirmed in writing that the location may be used for a video outlet. No person was present with regard to the proposed amendments. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report with regard to the above matter; noting the above-mentioned letter from the applicant's solicitor; and recommending that the applications be received and filed. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding 660 Brown Street be received and filed: AND FURTHER that Common Council accept withdrawal of the applications of Diesel Power Services Ltd. for a Zoning By-Law text amendment and an amendment to the Section 39 conditions or re-zoning regarding property at 660 Brown Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 93-4 ManawaQonish Road Storm Sewer QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total Sum recommended for payment, Progress Estimate Number 2, dated November 6, 1993 Final holdback release. $115,878.00 134,556.90 Nil 101,053.10 33,503.80 $ 33,503.80 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount of the remaining work at Galbraith Equipment Co. Ltd. Subdivision at 95 Hemlock Street be reduced to $77,000 for the existing amount of $141,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender for the supply of rental equipment, on an as-and-when-required basis for a period of one year be awarded to the tenderer in each case as indicated in the submitted bid summary. During discussion Mr. Robichaud made the observation that, with regard to a concern about awarding tenders to companies which may not have complied with specifications on previous tender awards, there has been and instance where staff was 84-387 COMMON COUNCIL DECEMBER 6, 1993 not satisfied with a particular contractor and recommended against him as low tenderer; however, with regard to release of security in contractual arrangements, the City has to release holdbacks or guarantees upon completion of work when the company concerned lives up to is particular agreement; and, relative to a suggestion that rental equipment should display signage indicating that it is hired by the City of Saint John. Mr. Robichaud replied that, while in the past when the City hired trucks for snow removal, for example, such signs were place on the vehicles, the City has never placed signs on contractors' equipment that have been working for the City on tenders, nor would he recommend doing so as it would be a very large policing job; however, if Council wishes, staff could reinstate the signs on equipment rented for direct use by its City forces for snow removal and so on; and Deputy Mayor McAlary asked that the City Manager and Mr. Robichaud submit information to Council with respect to the City's tender specification for rental equipment including the provision that City of Saint John signage must be supplied by and placed on the rental equipment by the supplier of the equipment. Mr. Logan explained that, with regard to items on which there is no tenderer recommended, staff will go on a case-by-case basis if an instance should arise where the City requires the equipment and try to rent it from another source. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that staff will not be organizing Winterfest in 1994 due to lack of sponsorship and financial resources, and that it may be possible to hold a small winter carnival in its place since the ice on Lily Lake will be maintained, which would involve the Recreation Department providing a number of programs associated with the ice and the Parks Department providing the maintenance, with full funding for such an event required from the City; and also advising that Winterfest in 1993 cost $26,133.39 of which the City contributed $7,000 through a special events budget and another $2,987.12 through the Parks Department, with the remainder of the funding received from the private sector -- be received and filed. With regard to the cost of a small winter carnival, Mr. Robichaud advised that the cost would be as little as possible in that the employees who normally plow snow and so on will do the ice work and, hopefully, the Recreation Department can entice people to participate and provide some funding to do a proper job. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager making the observation that the Constitution of the Cities of New Brunswick Association is silent on a number of matters relating to the powers and duties of the committees, such as the renumeration of members, what constitutes a quorum at meetings, requirement to meet powers to spend (travel, meals, consultants), requirement to report to the Executive/Association, and procedures for selecting a chairman, and, in addition, Article VI, Section VII, in reference to the Standing Committee on Resolutions, states that "A Chairman shall be appointed by Committee members.", but does not state how this is to take place, i.e. by nomination, show of hands, secret ballot, etc.; suggesting that the fact that these matters are not specified (and therefore agreed to in advance by the membership) gives the Executive Committee considerable latitude in the conduct of its affairs and, while it may be argued that some flexibility to respond to a variety of situations is necessary, it could also be argued that a lack of clarity of such fundamental matters could lead to procedural delays or unnecessary misunderstandings; and recommending that the City identify these shortcomings to the Resolutions Committee with a recommendation that a committee comprised of two to three City solicitors be mandated to review the Association's Constitution in its entirety and report back with comprehensive recommendations for improvement -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 84-388 COMMON COUNCIL DECEMBER 6, 1993 Mr. Donald Gillis, Chairperson of the Preservation Review Board, and Board Members Mrs. Jo Anne Claus, Mr. Ernest Wedge and Mr. Douglas Kochel were present at the meeting for a presentation concerning the Board's activities during 1993 and its Proposed Program and Budget for 1994, as outlined in the previously-submitted brief. Mr. Gillis addressed Council, noting that the Board was able to achieve the requested 4% reduction in its 1994 operating budget; and Mr. Bezanson demonstrated, through a slide presentation, the results of the Board's assistance to property owners to develop their building, and explained the manner in which the approval process was streamlined by making it easier, clearer and faster. Mr. Gillis commented on the Board's activities in 1993, including the initial steps to carry out a Heritage Strategy framework for the City, with its first area and phase of concentration being the Central Peninsula in conjunction with the Residential Committee of Uptown Saint John Inc., and its 1994 plans to put in place a formal plaquing program for the City, as well as a new streamlining process to speed up its service to clients; and thanked the City staff members directly involved with the Board's work for their very professional and knowledgeable assistance throughout 1993, in particular Jim Bezanson and Craig Campbell. In response to Council queries, Mr. Gillis commented on the manner in which the Board proposes to carry out and identify through the Heritage Strategy and; with regard to the Loyalist Burial Ground, advised that the Board has not discussed the Burial Ground in the recent past. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the presentation by the Preservation Review Board of its 1993 Annual Report and proposed Work Program and Budget for 1994 be referred to the City Manager for consideration in the 1994 budget. Question being taken, the motion was carried. Read a report from the City Manager regarding the application of Haldor (1972) Ltd. for the re-zoning of 428-434 Rothesay Avenue, which was referred to the City Manager and the City Solicitor at the Tuesday, October 12 public hearing, with no readings given; commenting on a number of concerns expressed by area residents and members of Council in this regard, as well as on other local issues; and recommending that this report be received and filed, and that Council consider the re-zoning recommended by the Planning Advisory Committee, with Section 39 modified condition (d) and (e), which would then read: that a portion of the property (as illustrated) to the rear of 428,430,432 and 434 Rothesay Avenue, also having NBGIC Number 306431, be re-zoned from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act providing for the following conditions: (a) a landscaped buffer be developed with a minimum depth of 7.5 metres (25 feet) and including the embankment as illustrated on a site plan to be approved by the Development Officer; (b) the landscaped buffer be maintained by the applicant; (c) no access of any kind be provided or developed through the landscaped buffer area required in (a); (d) a chain link fence be provided and maintained at the top of the embankment and that a guide rail be provided and maintained at a location approved by the Development Officer both to be illustrated on the plan required in (a); and (e) the required site improvements in (a) and (d) be completed by May 31, 1994; the Planning Advisory Committee's recommendation with regard to Section 39 conditions (d) and (e) being that (d) a board-on-board fence be erected and maintained adjacent to the property at 1 Oakland Street and extend up the driveway on the subject property and a chain link fence be erected at the top of the embankment, both to be illustrated on the site plan required in (a); and (e) the required site improvements in (a) and (b) be completed by August 31, 1994. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the City Manager be received and filed: AND FURTHER 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 the rear of 428, 430, 432 84-389 COMMON COUNCIL DECEMBER 6, 1993 and 434 Rothesay Avenue (NBGIC Number 306431), from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act, be read a first time. Responding to Council queries, Mr. Baird advised that the chain link fence on top on the embankment has been installed and work has been started on the guide rail which would prevent traffic from moving between the residential area on Oakland Street and the commercial area, and this work has been in progress for some time now, with the deadline completion recommended to be by May 31, 1994; also advised that he has met with area residents on an individual basis to talk about their concerns and the need for this work to be completed in a timely fashion and to ensure that it is in fact completed, and that he has visited the site on a number of occasions as well; clarified that, rather than being an issue of work being done outside the property owned by the applicant in that in fact all of the work done in the past and presently is on the applicant's property, the issue was that the zoning linen and the differentiation between the various properties was not clear, and that there is now a survey plan which enables the City to be quite precise as to where everything is happening; and further advised that, with regard to a concern about fumes from the paint shop located on the property, he has asked the Area Inspector of the Department of the Environment to advise him when he has completed his report following his re-inspection of the facility. 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 the property to the rear of 428,430,432 and 434 Rothesay Avenue (NBGIC Number 306431), from "RS- 2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, pursuant to Section 39 of the Community Planning Act, 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. Consideration was given to a report from the City Manager responding to the list of questions raised by Council on November 15 with regard to the annual equipment auction held the first weekend on October 1993, and including a price list of the 85 items sold at this year's auction, along with the price the auctioneer received for each item. (Councillor Rogers withdrew from the meeting.) Mr. Galbraith, replying to Council queries, advised that, while one of the first eleven cars listed in the above report was purchased new for the Fire Department and the two 1990 Chev. Caprices came direct from the Police Canine Unit to be sold, the rest would all have been originally bought for Police Department use and recycled to other departments, and that the kilometrage of these vehicles would be in the order of as many as 300,000 kilometres while some could have had 200,000 or 150,000 kilometres. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above report from the City Manager on the annual equipment auction be received and filed, and the City Manager be requested to apprise Council of the results of future equipment auctions as soon as possible following the auctions, as well as the details relevant to the auctioneer and the pieces of equipment for sale. Mr. Totten explained the procedure relevant to the equipment auction, and was asked in the future to provide Council with an itemized list of equipment to be sold in the annual auction, as well as to provide a the next meeting of Council 84-390 COMMON COUNCIL DECEMBER 6, 1993 information on who purchased the equipment at the October auction, the latter which Mr. Logan advised might be available from the auctioneer who issued receipts to purchasers. (Councillor Rogers re-entered and Councillor Chase withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) Consideration was given to a letter from the Saint John Ability Advisory Committee submitting, as a follow-up to the June 1993 meeting with the former City Manager, John Brown, a copy of presentations to be made to Common Council by representatives of five service/disabled groups regarding issues and concerns that directly affect their consumer group/disability group, including People First, S. H.A R E., Saint John Deaf and Hard of Hearing Services, CNIB, and the Canadian Hard of Hearing Association - NB Branch. Mr. J. Keith MacManus, Presentation Co-ordinator of the Saint John Ability Advisory Committee, appeared before Council and explained that the Committee hopes, through his presentation, to provide Council and the general public with an insight into the low cost or no-cost ways in which the municipality or anyone listening can empower the community to be a more accepting and caring place in which to live and work; advised that the Committee has been working over the summer with City staff to assess where the City ranks as an integrated community and that, from this assessment, recommendations can be presented to Common Council in the form of an action plan; and explained that, as a means of background information and education, the Ability Advisory Committee has requested five groups to make a few low or no-cost suggestions to Council which could be implemented within the current budget restraints or in present training formats. Ms. Cathy O'Donnell of Saint John People First; Charles Wills of S.H.ARE.; Mr. Philip Taylor of Saint John Deaf and Hard of Hearing Services, interpreted by Ellen Flemming; Michael Richard representing CNIB; and Ms. Susan Ngo, on behalf of Ian Hamilton, a Director of the Board of the Canadian Hard of Hearing Association - NB Branch, in turn, addressed Council and, reading from their previously- submitted briefs, provided information on their respective groups and presented their recommendations for Council's consideration. Mr. MacManus, in his concluding remarks, made the observation that general awareness and sensitivity toward barrier- free access to employment, education, recreation, housing and public facilities is a modern concept that yearns for revised policies and the implementation of these policies, and that appropriate policy information in these areas is the sensible approach in order to address the concerns of those individuals who are recipients of contemporary services; and suggested that, realistically, there are two main aspects affecting barrier- free accessibility - the attitudes and the cost, and that, since the cost is a minimum barrier in itself, it becomes clear that attitudes and lack of awareness are the main obstacles standing in the way of progress; and also that barrier-free access to fundamental needs, options and/or opportunities should be viewed as a right, not a privilege. Councillor Landers, Council liaison on the Saint John Ability Advisory Committee, thanked the above persons for their presentations and commended the Committee for its hard work and diligent efforts, and expressed appreciation to City employees Susan Fitzpatrick and Jack Brownell for their work with the Committee. Deputy Mayor McAlary expressed appreciation for the above presentations, and suggested that they should be referred to the City Manager for a report to Council. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the presentations by members of the Saint John Ability Advisory Committee and consumer groups/disability groups - People First, S.H.ARE., Saint John Deaf and Hard of Hearing Services, CNIB and the Canadian Hard of Hearing Association - NB Branch -- be referred to the City Manager for a report to Council. 84-391 COMMON COUNCIL DECEMBER 6, 1993 Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor advising that third reading of the submitted Traffic By-Law amendment with regard to parking on Orange Street, which was given first and second readings on November 29, is now in order if Council so wishes. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Orange Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. (Councillor Chase 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 November 29, 1993, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the rental for the land identified as Parcel K-1 A, Courtenay Place, for the period December 1, 1990 to November 30, 2015, be established at a rate of $10,010 per year based on a value of $182,000 and a rate of 5 1/2% as established by the lease; and (2) the rental for the land identified as Parcel L, Courtenay Place, for the period February 1, 1991 to January 31, 2016, be set at a rate of $9,405 per year based on a valuation of $171,000 and a rate of 5 1/2% as established by the lease. 2. That as recommended by the City Manager, Parcel A on Westgate Drive, as shown on the submitted plan, be sold to Mr. Paul Roy for a price of $500 plus all costs necessary to complete the transaction on the condition that it be consolidated with his adjoining property at 102 Westgate Drive. 3. That as recommended by the City Manager, the City's freehold interest in the land leased to Mr. Alvin McKinley at 54 Collins Street being a portion of the "School Lot", be sold to the lessee for a price of $2,000. 4. That as recommended by the City Manager, (1) the City Solicitor or his designate initiate and proceed with the closing of the street known as Cedar Point Road running from Boars Head Road westward to its termination; (2) upon successful closing of the Road, the owner of the property which had access over this Road be granted a right-of-way westward from its intersection with Cedarwood Drive until such time as alternate access is available; (3) the City acquire approximately 2.7 acres of land from the Province of New Brunswick as shown on the submitted plan at a price of $7,000 per acre; (4) the City sell the land shown on the submitted plan to Blanchard Homes (1983) Ltd. for the following price: (4.1) approximately 22 acres at a rate of $5,000 per acre; (4.2) approximately 2.7 acres that is to be acquired from the Province at a rate of $7,500 per acre plus costs; and (4.3) the sale to be dependent on the successful closing of Cedar Point Road, the successful re-zoning of he property to "RSS", and approval of the tentative subdivision plan; (5) the City will retain an option to reacquire that portion of the 84-392 COMMON COUNCIL DECEMBER 6, 1993 property not developed within a five (5) year period from the date of the transfer for the price that was paid, and the City will also acquire a right of first refusal if at any time Blanchard Homes (1983) Ltd. should wish to dispose of the undeveloped portion of the property; (6) the transfer of the property will take place within 90 days of the completion of the re-zoning process of the closing of Cedar Point Road, whichever should occur last; (7) the City will be responsible for all survey costs required to complete the transaction; and (8) agreement to sell the property neither implicitly or explicitly obligates the City to complete the closing of Cedar Point Road or to complete the re-zoning of the land and, if for some reason the road is not closed or the re-zoning does not take place, the land will not be transferred. 5. That as recommended by the City Manager, the value of the contract with Comeau MacKenzie Architecture for the provision of consulting services for the pedestrian link from the Mercantile Centre to Harbour Station be increased by $13,805.37 (including GST). 6. That as recommended by the City Manager, Common Council adopt the submitted Human Resources Policy Number 128 on Christmas Leave for all employee groups. 7. That as recommended by the City Manager, L TD coverage for non-union employees through Mutual Life of equivalent plan be discontinued and the City Manager be authorized to arrange, as required, interim L TD coverage for the initial period of employment only, not to exceed 18months from date of hire. 8. That as recommended by the City Manager, Common Council authorize that: (a) after due consultation with I.A.F.F. Local 771, necessary steps, within the authority of the Employer, be taken to eliminate the dispatch function in the Saint John Fire Department; (b) after due consultation with C.U.P.E. Local 61 , necessary steps be taken to eliminate the role of police officers from the dispatch function and eliminate the dispatch function from the Saint John Police Force; and (c) a separate, civilianized Public Safety Communications Centre be established, with a target date of July 1, 1994, so as to provide essential communications support to fire, police and ambulance services. December 6, 1993, Saint John, N.B. (sgd.) Respectfully submitted, Shirley McAlary, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. (Rescinded January 17, 1994 Bk. 84 Pg. 443 ) 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. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 84-393 COMMON COUNCIL DECEMBER 6, 1993 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. (Rescinded July 11, 1994 Bk. 84 Pg. 739 ) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried with Councillor A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 8 of the above report be adopted. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the Planning Advisory Committee regarding the application of Nancy Friars for a Zoning By-Law text amendment regarding property at 674 Michael Crescent, which was tabled at the November 8 public hearing with no readings given; resubmitting a copy of the Planning Department's report considered by the Committee at is November 2 meeting, as well as a copy of the Department's report considered at the Committee's November 30 meeting which was not attended by the applicant; advising that, in discussions with staff, the applicant; advising that, in discussions with staff, the applicant had previously expressed support for the recommended alternative of re-zoning the property to "RM-1" Three- Storey Multiple Residential with Section 39 conditions, and that, after considering the matter, the Committee decided to adopt the recommendations contained in the Committee's report dated November 26; and recommending that (1) the application to amend Section 810(1) of the Zoning By-Law be denied; and (2) Common Council authorize advertising for a public hearing and refer the proposed re-zoning of 674 Michael Crescent, from "R-2" to "RM-1" (Section 39), to the Planning Advisory Committee for a report and recommendation. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) the application of Nancy Friars to amend Section 810(1) of the Zoning By-Law with regard to property at 674 Michael Crescent be denied; and (2) Common Council authorize advertising for a public hearing and refer the 84-394 COMMON COUNCIL DECEMBER 6, 1993 proposed re-zoning of 674 Michael Crescent, from "R-2" to "RM-1" (Section 39), to the Planning Advisory Committee for a report and recommendation, with the public hearing to be held on January 17, 1994. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more subdivision plans in one or more phases for Lots 1-5, 9-14, 30-32 and 47 with a future public street, as well as to any required municipal services and/or utility easements with regard to property on St. Martins Road; (2) Common Council assent to the proposed land for public purposes and credit the developer for the remainder as L.P.P. for future residential development in the area; and (3) Common Council authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work including the provision of a drainage plan. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to the proposed vesting of a 1748-square metre (18,816-square foot) parcel of land into the Goldsworthy Road right- of-way, as shown on the revised photo-reduced subdivision plan; and (2) Common Council accept cash-in-lieu for the proposed subdivision as land for public purposes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, advising that at a recent public meeting in the Belmont area she was approached to make representation to Council on behalf of any improvements which the City could offer either in the way of staff or upgrading to the important community and recreational centre which is operated by the KBM Outing Association, which serves the Ketepec, Acamac, Belmont and Martinon area; and urging Council to collaborate with the executive of the KBM to ensure that a positive working relationship with City staff and City Hall continues -- be referred to the City Manager to see what can be done to assist the KBM. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Andre Lanteigne, Assistant Deputy Minister - Cultural Affairs Division, Department of Municipalities, Culture and Housing, inviting members of Common Council, City staff and members of the Heritage Preservation Review Board to participate in a round-table consultation meeting concerning the New Brunswick Heritage Policy Review on Thursday, December 9 in the Multi-Purpose Room of the Saint John Regional Library, One Market Square -- be received and filed. Question being taken the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mr. D. E. Cameron, Leader of the Official Opposition, Legislative Assembly of New Brunswick, submitting for Council's perusal a copy of its "Report On Opposition to Video Gambling in New Brunswick" and of its Press Release on the subject -- be received and filed. 84-395 COMMON COUNCIL DECEMBER 6, 1993 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Sajjad R. Mian advising Council that he would like to address the next or following session of open session of Council -- be received and filed. Deputy Mayor McAlary expressed the understanding that Mr. Mian may not be available to come before Council within the next few weeks and suggested that the above letter could be tabled until it is known when he can appear before Council, whereupon Councillor Knibb proposed a motion to that effect. It was suggested that, as Mr. Mian's letter does not indicate what he wishes to address Council about, he should be asked for a written submission on what his address will be about, whereupon the Deputy Mayor suggested that an attempt would be made to contact Mr. Mian, and the motion was changed to that above. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Ronald L. Galbraith advising of his discussions, by telephone, with Mr. H. B. Steeves, Deputy Building Inspector, since Common Council passed its October 12 resolution requiring the owners of 203-205 King Street West to clean up the lot; and also advising that, having been advised that the City was having some difficulty serving the required legal papers to the owners, he obtained and estimate from a third party as to the cost to clean up the lot, and having been advised that cost would be $60, requested this third party to clean up the lot at Mr. Galbraith's expense, which was done on November 30; and expressing the hope that his action has resulted in a solution that will meet the objective of all parties involved, as it certainly was not his intent to undermine due process -- be received and filed and Mr. Galbraith be thanked for cleaning up the subject property. A report was requested from staff on the subject property at the next meeting in view of the observation that it has still not been properly cleaned up as well as on the status of the situation following Council's October 12 resolution in this respect. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letters from Jo Anne Pierce, Rose Skeldon, Patrick Toner, Dorothy Claessen, Maria Allain, Janis Maguire, and Barbara McNally expressing concern about the potential loss of the City Transit bus runs in the Martinon area -- be referred to the Saint John Transit Commission. Discussion ensued during which time Deputy Mayor McAlary made the observation that Council has made no decision on the above matter and that the Saint John Transit Commission will make suggestions on possible budget cuts for Council's consideration, and also that Mr. Totten has just informed her that the General Manager of the Saint John Transit Commission has forwarded a letter to the City for Council's consideration during its budget meetings. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mrs. Joan Pearce referring to the action taken by Common Council at its November 29 meeting in deferring her request to speak to Council regarding her concerns about the Old Burial Ground until after a decision has been reached by the New Brunswick Legislature, in that the purpose of her request was to give Council historical information about the 84-396 COMMON COUNCIL DECEMBER 6, 1993 cemetery which might lead Council to reconsider its request for an amendment to the Act Relating to the Public Burial Ground in the City of Saint John; and again requesting that Council reconsider its position with regard to the Loyalist Burial Ground as a treasured symbol of the City's heritage and therefore as a tribute to the founders of the City -- be received and filed. Deputy Mayor McAlary suggested the above letter could be placed with the other letters to be considered again by Council when the Legislature's decision is known in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the petition from the Tenants of the Saint John City Market requesting that the City Market be closed on Monday, December 27, 1993, as the banks, the Irving Buildings NB Tel and City Hall will for the most part be closed, and they would like to take this opportunity to rest after the Christmas rush -- be received and filed: AN D FU RTH ER that the by-law to amend the City Market By-Law C-115, with regard to being closed on Boxing Day, December 27, 1993, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend City Market By-Law C-115. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the by-law to amend City Market By-Law C-115, with regard to being closed on Boxing Day, December 27, 1993, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend City Market By-Law C-115. Councillor Chase gave two notices of motion, one for the next meeting of Council in open session being a request to reconsider the letter from Harbour Station to Council on September 7 asking for an anti-scalping by-law; the other for the December 20 meeting being the presentation of the report of the Committee appointed to review the taxi industry by Mr. Norman Herrington and Committee members, noting that, while the Committee would prefer to address Council at its next regular meeting with is at 4:00 p.m., Council hears delegations only at 7:00 o'clock p.m. meetings. (Councillor Trites withdrew from the meeting.) Councillor Knibb suggested that, even if it means breaking Council's own rules with respect to not hearing delegations at 4:00 o'clock p.m. regular meetings, the Committee's report should come forward at the earliest possible time, whereupon Councillor Chase advised that, if Council so desires, his notice of motion is that at the next regular session of Council in open session, which is a 4:00 o'clock p.m. session, the Taxi By-Law Review Committee shall appear to present its report. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk