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1993-12-20_Minutes 84-404 COMMON COUNCIL DECEMBER 20, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of December, AD. 1993, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, 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; D. Logan, Purchasing Agent; R. Pollock, Planner; B. Malone, Planner; B. McCarthy, Personnel Office; G. Tait, Fire Chief; J. Morrissey, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; 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 Coughlan RESOLVED that minutes of the meeting of Common Council, held on December 13, 1993, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary noted that the 1 st Annual New Brunswick Top 100 High School Hockey Tournament was held at Harbour Station on December 17 and 18, and that the 26th Annual Saint John Irving Oil Christmas Hockey Tournament will be held at local rinks on December 27 to 30; and advised the City of Saint John's operating hours, as well as the garbage collection and Spruce Lake landfill site schedule for the holiday season. Deputy Mayor McAlary invited the citizens of Saint John to attend the City's New Year's Levee to be held on the 8th Floor of City Hall between 11 :00 o'clock a.m. and 1 :00 p.m. on January 1, 1994. Deputy Mayor McAlary welcomed to the Council Chambers Messrs. Harold Mayes, Jim Purdy, Don Barnett and Robert Campbell, who will be retiring from the Saint John Salvage Corps and Fire Police on December 31, 1993; noted that Mr. Alvin McKinley, who is also retiring from the Corps on December 31, was unable to attend the meeting; and, in thanking them for their years of volunteer service to the City of Saint John, presented each of them with a gift as a token of Council's appreciation. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a property with an area of approximately 4,500 square feet located at 126 Main Street (NBGIC Number 374173), from Medium Density Residential to Commercial classification; and (b) the proposed re-zoning of the same property from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the continued use of the property as a beverage container redemption centre, as requested by Thane Holdings Inc., 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 the Committee considered and adopted the recommendation in the submitted report from the Planning Department at its November 16 meeting at which the applicant spoke in favour of the proposal and expressed a willingness to work with the Planning Department and the Economic Development Commission to find a more appropriate location for the redemption centre; also advising that, in recommending 84-405 COMMON COUNCIL DECEMBER 20, 1993 denial of the Municipal Plan amendment, re-zoning and parking variance, the redemption centre is permitted to remain for a temporary period of up to one year in order to provide the applicant an opportunity to find an appropriate alternative site; and recommending that the application for Municipal Plan amendment and re-zoning be denied. On motion of Councillor Trites Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, the application of Thane Holdings Inc. for a Municipal Plan amendment and re-zoning of property at 126 Main Street be denied. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by M. Vincent 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 82 Mecklenburg Street (NBGIC Number 6379), from "RM-1" Three-Storey Multiple Residential to "B-1" Local Business classification, to permit the establishment of a variety store on the ground floor, as requested by Mr. Keith Haley, and that no written objections were received in this regard. Consideration was given to a report from the Planning Advisory Committee advising that the Committee adopted the recommendation as indicated in the submitted copy of the Planning Department's report at its November 16 meeting at which the three submitted letters of objection were received and the applicant made a presentation and three area residents spoke against the application; and recommending that the application be denied. Mr. Dominick Eden spoke in opposition to the above-proposed re-zoning on behalf of the South Central Citizens Council on the basis that there are sufficient convenience stores in the South End to address the needs of the people, especially in the immediate area where there is a convenience store at the corner of Queen and Wentworth Streets and one at the corner of Wentworth and Orange Streets, and the concern of Mecklenburg Street residents who were of the impression that they bought their homes on what was one of the few remaining streets in the City that was solely residential and that the character of this residential street would be changed by the re- zoning of the subject property to accommodate a store. Mr. Eden advised that there is a concern that the property in question is a beautifully-maintained heritage home and there is an apparent lack of design guidelines concerning he redevelopment of residential properties which has resulted in a variety of badly-designed corner stores in the South End, and that there is also concern, based on the experience with the above-mentioned corner store locations, about children and youths loitering all hours of the night, creating noise and litter. Mr. D. R. Michael Gallagher, owner of the property at 80 Mecklenburg Street, addressed Council in opposition to the above proposal, noting that there are approximately seven stores within a two to three block radius of the subject property, including one directly behind on the corner of Queen and Wentworth and one on the corner of Duke and Carmarthen Streets; and advised that his concern basically, having a property next door, is that Mecklenburg Street is one-way, very quiet, small street, with one side for parking, and that, in his opinion, putting a store in that location would be very dangerous as there is not enough parking space there for the residents; and also that he is concerned about noise, garbage and loiterers. 84-406 COMMON COUNCIL DECEMBER 20, 1993 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Keith Haley for the re-zoning of the property at 82 Mecklenburg Street be denied. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the conditions with respect to signage imposed on the Hilyard Place development pursuant to Section39 of the Community Planning Act, to permit the installation of a facia sign, with dimensions of approximately 4 feet by 20 feet, beside the existing "Nedco Westburne" sign, as requested by Mr. Peter Kindred for Design Art Signs, 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 amendment. Consideration was given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its November 16 meeting at which the applicant and Manager of Nedco Westburne's Saint John Branch spoke in favour of the proposal; and recommending that the conditions with respect to signage imposed on the Hilyard Place development, pursuant to Section 39 of the Community Planning Act, be amended to permit the installation of a facia sign with dimensions of approximately 4 feet by 20 feet, on the east wall of the building beside the existing "Nedco Westburne" sign. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the conditions with respect to signage imposed on the Hilyard Place development, pursuant to Section 39 of the Community Planning Act, be amended to permit the installation of a facia sign with dimensions of approximately 4 feet by 20 feet, on the east wall of the building beside the existing "Nedco Westburne" sign. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites 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 approximately 30 acres of City- owned lands (a portion of NBGIC Numbers 49908 and 51771) and 39 acres of Provincially-owned lands (a portion of NBGIC Number 52845) located at Cedar Point, from "RS-2" One- and Two-Family Suburban Residential to "RSS" One-Family Serviced Suburban Residential classification, to permit the development of a subdivision for one- family housing with paved public streets, municipal sanitary sewer and water, but with open storm drainage and overhead power, telephone and cable television facilities; and that a letter of concern about the proposal has been received from Mrs. Stella Bury. No person was present to speak in opposition to or in favour of the proposed re-zoning. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its December 15 meeting at which there were no presentations made by area residents regarding the re-zoning or pending subdivision development; and recommending that Council amend the City of Saint John Zoning By-Law by re-zoning approximately 30 acres of City-owned lands, being portions of NBBIC Numbers 49908 and 51771, and 39 acres of Provincially-owned lands, being a portion of NBGIC Number 52845, located at Cedar Point, from "RS-2" One- and Two-Family Suburban Residential to "RSS" One-Family Serviced Suburban Residential classification. 84-407 COMMON COUNCIL DECEMBER 20, 1993 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 30 acres of City-owned lands, being portions of NBBIC Numbers 49908 and 51771, and 39 acres of Provincially-owned lands, being a portion of NBGIC Number 52845, located at Cedar Point, from "RS-2" One- and Two-Family Suburban Residential to "RSS" One- Family Serviced Suburban Residential classification, be read a first time. With regard to the concerns expressed in the above-mentioned letter from Mrs. Bury, Mr. Pollock advised that he spoke with Mrs. Bury earlier this date and she was under the impression that the area where the proposal is to take place is directly adjacent to the mobile home park and right behind her mobile home, although the area of the proposal is quite a far distance from the mobile home park on the other side of the existing Cedar Point Estates Subdivision; and explained that, respecting her concern about Cedar Point Road, there are two Cedar Point Roads in that area, one leading to the mobile home park and the Millidgeville treatment plant, which would not be closed by the subject proposal; and another small Cedar Point Road, which is essentially a right- of-way running parallel to the existing Cedar Wood Drive which gives access to an existing camp, which would be closed under this proposal, and that this would have no effect on anybody and, in fact, the camp would have a new access through the subdivision when it is built With regard to Mrs. Bury's concern about blasting and flooding, Mr. Pollock advised that Mrs. Bury was concerned because she thought that the rock immediately behind her property was to be blasted, which is not the case as the area proposed for development is quite far from her mobile home, and that detailed drainage plans would have to be approved by the Engineering Department at the subdivision approval stage; and it was suggested that staff should respond in writing to Mrs. Bury's concerns. 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning approximately 30 acres of City-owned lands, being portions of NBBIC Numbers 49908 and 51771, and 39 acres of Provincially-owned lands, being a portion of NBGIC Number 52845, located at Cedar Point, from "RS-2" One- and Two-Family Suburban Residential to "RSS" One- Family Serviced 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. 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 86 Regent Street (NBGIC Number 343178), from "R-2" One- and Two-Family Residential to "I-L" Neighbourhood Institutional classification, to permit the continued use of the property as an Orange Lodge, and that no written objections wee received in this regard. No person was present to speak in opposition to or in favour of the proposed re-zoning. Consideration was given to a report from the Planning Advisory Committee advising that the Committee adopted the recommendation in the submitted copy of the Planning Department's report at its December 14 meeting at which a representative of the owner addressed the Committee and had no objection to the staff recommendation, and no one appeared in opposition to the application; and recommending that the property at 86 Regent Street (NBGIC Number 343178) be re- zoned from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional 84-408 COMMON COUNCIL DECEMBER 20, 1993 classification, subject to a resolution pursuant to Section 39 to the Community Planning Act limiting the use of the property to a community centre. 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 the property at 86 Regent Street (NBGIC Number 343178), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 to the Community Planning Act limiting the use of the property to a community centre, 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 Trites RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 86 Regent Street (NBGIC Number 343178), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, pursuant to Section 39 to the Community Planning Act limiting the use of the property to a community centre, 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. Councillor Trites proposed a motion, which was seconded by Councillor M. Vincent, to declare that an emergency exists and the above by-law be given three readings at this meeting, on the basis that, in view of the current weather conditions, the work could proceed, if it has not already done so, whereas Council's next regular meeting is not until January 4; whereupon the Common Clerk advised that the by-law was not prepared for third reading at this time. The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for an amendment to the Business Improvement Area By-Law to expand the Business Improvement Area to include the properties located on both sides of Smythe Street between Union Street and Station Street as follows:- Saint John Port Corporation property NBGIC Numbers 55011902 and 00426197; City of Saint John properties NBGIC Numbers 40147,38976 and 38984; and Power Commission of Saint John properties NBGIC Numbers 55008767 and 55031561, 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 amendment. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Business Improvement Area By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Area By-Law. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Business Improvement Area By-Law be read a second time. 84-409 COMMON COUNCIL DECEMBER 20, 1993 Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Area By-Law. Question being taken, the motion was carried. Deputy Mayor McAlary called for a motion to declare an emergency so that the above by-law could be given three readings at this meeting as it must be approved by the end of the year in order to be implemented. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number B-102-3 A Law To Amend The Business Improvement Area By-Law", by expanding the Business Improvement Area to include the properties located on both sides of Smythe Street between Union Street and Station Street as follows:- Property Owner Saint John Port Corporation Saint John Port Corporation City of Saint John City of Saint John City of Saint John Power Commission of Saint John Power Commission of Saint John NBGIC Number 55011902 00426197 40147 38976 38984 55008767 55031561 - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-102-3 A Law To Amend The Business Improvement Area By-Law", was read in its entirety. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of Uptown Saint John Inc. for Common Council's approval of a budget for the designated Business Improvement Area, which includes a special business improvement levy of 12 cents per $100 of assessment for 1994 on business property within the area designated by Council, 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 budget. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the budget for the Business Improvement Area as follows:- Revenue Business Improvement Levy Interest Work Grants $193,000 5,000 2,000 $200,000 Expenses Marketing Public Relations $ 60,000 8,000 84-41 0 COMMON COUNCIL DECEMBER 20, 1993 Business Development Residential Tourism Development Education & Parking Office Administration Doubtful Accounts Dues Insurance Miscellaneous Meetings Office & Postage Leased Equipment Professional Fees Rent Telephone Travel Wages & Benefits 5,000 7,500 1,500 1,500 5,000 600 1,600 4,000 5,500 11,000 5,000 3,000 12,800 4,000 2,000 62,000 $200,000 AND FURTHER that the by-law to amend the Business Improvement Levy By-Law be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Business Improvement Levy By-Law. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law to amend the Business Improvement Levy By-Law be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Business Improvement Levy By-law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that an emergency be declared to exist and the above By-Law be given three readings at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number B-114-5 A Law To Amend The Business Improvement Levy By-Law", by imposing a special improvement levy of 12 cents per $100.00 of assessment on business property within the area as designated by Council by By-Law Number B-102 Business Improvement Area By-Law, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-5 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. Read a report from the City Manager advising that the Province has given its concurrence of the City's intent for the 1994 Operating and Capital Budgets to both receive Council's approval by January 24, 1994 and that, as there will be a period during which the City and related organizations will be operating without an approved budget, staff is seeking Council's adoption of the submitted resolution. 84-411 COMMON COUNCIL DECEMBER 20, 1993 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely:- WHEREAS the 1994 budgets for the City of Saint John have not been approved: AND WHEREAS there are some day-to-day matter controlled by the general approval of the budget: NOW THEREFORE BE IT RESOLVED that the City Manager be authorized to approve purchases up to the value of $12,500 where provision for same is normally contained in the budget which has not been approved: AND BE IT FURTHER RESOLVED that approval be given for the weekly payroll for civic employees: AND BE IT FURTHER RESOLVED that the Commissioner of Finance be authorized to d disburse funds to commissions and organizations which, in his opinion, would ensure the continued economic and efficient day-to-day operation of these commissions and organizations during this period. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-19, Station Street Phase 1, UnderQround Utilities QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated December 13, 1993 Final Holdback Release $ 527,365.20 538.949.09 Nil 528,522.84 10,426.25 682.09 $ 10,426.25 2. Contract 93-7, Duke Street Water and Sewer Renewal Nautilus Construction & Rentals Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payment previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated December 9, 1993 Final Holdback Release $ 218,028.50 201,399.37 Nil 159,380.41 42,018.96 2,748.90 $ 42,018.96 3. Contract 92-1, Concrete Curb and Sidewalk Construction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 10 Retention Payments previously approved Sub-Total G.ST Component $1,541,870.50 1,511,563.00 Nil 1,466,967.81 44,595.19 2,917.44 84-412 COMMON COUNCIL DECEMBER 20, 1993 Sum recommended for payment, Progress Estimate Number 10, dated December 14, 1993 Final Holdback Release. $ 44,595.19 Question being taken, the motion was carried. Read a report from the City Manager advising that Coopers & Lybrand has submitted the final invoice for its work completed to date in accordance with a consulting agreement with the City to conduct a water rate study for the Water Utility and to assist in negotiations with the Irving group regarding water supply agreements, and that the final cost exceeded the projected amount by $7,561 including taxes as indicated in the submitted summary; also advising that the added costs are a direct result of the extended nature of the discussions and the unforeseen need to respond in detail to issues raised by Deloitte & Touche, the consultants engaged by the Irving Companies; and recommending payment of the invoice. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the additional amount of $7,561 as final payment to the Coopers & Lybrand Consulting Group for services rendered. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of J. F. McLean Heating Services Inc. be accepted for the provision of maintenance service to furnaces and heating boilers in City-owned buildings, as per the hourly rates submitted, for a twenty-four month period. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Trent Industrial Contractors Ltd., in the amount of $25,359 (all taxes included), be accepted for the provision of all necessary equipment, tools, labour and materials required to supply and install new wet well hatch covers along with other miscellaneous repairs to four lift stations. Question being taken, the motion was carried. Read a report from the City Manager referring to the subdivision agreement with Mahogany Heights Development Inc. for Mahogany Heights Subdivision, Phase 2, Mahogany Terrace; and recommending a reduction in the security amount on the basis that additional work estimated at $23,500 has been completed, with the remaining work, consisting of landscaping, correcting of minor deficiencies in the water and sewerage system and minor concrete curb repair, valued at $8,500. On motion of Councillor Coughlan 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 remaining work at Mahogany Terrace be reduced to $8,500 from the existing amount of $32,000. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to the subdivision agreement with Mahogany Heights Development Inc. for Mahogany Heights Subdivision, Phase 4, Gaelic Drive; and recommending a reduction in the security amount on the basis that part of the work estimated at $46,500 has been completed, 84-413 COMMON COUNCIL DECEMBER 20, 1993 with the remaining work, consisting of asphalt seal coat paving, repair of minor deficiencies in the water and sewerage system and landscaping, valued at $21,500. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, pursuant to Section 25.2 of the Subdivision By-Law, the security amount for the remaining work at Gaelic Drive be reduced to $21,500 from the existing amount of $68,000. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager updating Council, further to the report to Council on November 1 and responding specifically to a letter to Council on November 22 from Peggy and Jim Durning, on the measures to deal with various problems in the area of the Three Mile Tavern at 5-19 Golden Grove Road; and recommending that this report be received and filed and the City continue to monitor the situation while working with the owner and neighbouring property owners to reduce the impact of the night club -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Deputy Mayor McAlary suggested that the City Manager's report on the Uptown Strategy should be considered later in the meeting in conjunction with the scheduled presentation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Tacel Ltd., in the amount of $4,415 per unit (plus taxes), be accepted for the supply of seven new traffic controllers. Question being taken, the motion was carried. Read a report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on December 13, 1993 when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the following parcels of land on the eastern side of Thomas Road on which the road is encroaching, be acquired under the following terms and conditions: (1) that approximately 1722 square feet of land on the corner of Thomas Road and Hickey Road, shown on the submitted plan as Parcel "A", be acquired from Dwight Frye and Christine Renault for a price of $1,722.00; (2) that approximately 700 square feet of land, shown on the submitted plan as Parcel "B", be acquired from Brian and Caroline Bailey for a price of $700.00; (3) that approximately 538 square feet of land, shown on the submitted plan as Parcel "C", be acquired from Leo Chevarie for a price of $540.00; (4) that approximately 753 square feet of land, shown on the submitted plan as Parcel "D", be acquired from James Buckley for a price of $450.00; (5) that approximately 545 square feet of land, shown on the submitted plan as Parcel "E", be acquired from Debly Construction for a price of $300.00 plus $150.00 in legal expenses; and (6) that in addition to the sale price, the City will pay reasonable legal expenses of each grantor. 84-414 COMMON COUNCIL DECEMBER 20, 1993 2. That as recommended by the City Manager, the rental for the property at 34 Champlain Drive, which is leased to Mr. and Mrs. George Legace, be increased to $600.00 per month, payable in advance, as of January 1, 1994. 3. That as recommended by the City Manager, Common Council authorize payment of the amount of $87,500.00 pursuant to Clauses 5 and 9 of the lease with Riviera Restaurant (1972) Ltd. with regard to the Reversing Falls Tourist Information Centre. 4. That as recommended by the City Manager, Common Council approve the tentative agreement reached with the Saint John Firefighters' Association, Local Union No. 771, I.AF.F., as reflected in the submitted collective agreement and associated letters of agreement, and authorize the Mayor and Common Clerk to execute the above documents on behalf of the City of Saint John. 5. That as recommended by the City Manager, Common Council approve the tentative agreement reached with the Saint John Firefighters' Association, Local 771, I.AF.F., for holiday relief firefighters, as reflected in the submitted collective agreement and associated letter of agreement, and authorize the Mayor and Common Clerk to execute the above documents on behalf of the City of Saint John. 6. That as recommended by the Nominating Committee, Barbara Cornel is, Fred Fuller and William Eaton be re-appointed to the Fort LaTour Development Authority for a term of three years. 7. That as recommended by the Nominating Committee, the following appointments be made to the Board of Directors of Saint John Non-Profit Housing Inc. for a term of three years: Roy Murphy (Rotary Club nominee), Donald LeBlanc, David D. Garey, AI H. Bennett and Tim Flood. 8. That as recommended by the Nominating Committee, J. Ladds Batten be re-appointed to the Saint John Harbour Bridge Authority for a term of three years effective January 1, 1994. 9. That Councillor Kathy Rogers be appointed to the Saint John Harbour Bridge Authority for a term of three years effective January 1, 1994. 10. That as recommended by the Nominating Committee, Henry Meinhardt, Martha Edwards and Anne Jefferies be re-appointed to the Board of Commissioners of the Saint John Free Public Library for a term of three years effective January 1, 1994. 11. That as recommended by the Nominating Committee, Roly Mcintyre and John H. Walker be re-appointed to the Board of Trustees of the Lord Beaverbrook Rink at Saint John, Inc. for a term of three years effective January 1, 1994. 12. That as recommended by the Nominating Committee, Cyril E. Pringle be re-appointed to the Saint John Board of Police Commissioners for a term of three years effective January 1, 1994. 13. That as recommended by the Nominating Committee, Brian Beckingham, William Leahy, and G. A (Sandy) Robertson be re-appointed to the Planning Advisory Committee for a term of three years effective January 1, 1994. 14. That as recommended by the Nominating Committee, Dr. George Bate be appointed to the Power Commission for the unexpired term of George O'Brien, who has resigned, and for a further term of three years effective February 15, 1994. December 20, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. 84-415 COMMON COUNCIL DECEMBER 20, 1993 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. During discussion of the above matter, Mr. Todd explained that, as indicated in the report to Committee of the Whole, there are items that have not been resolved and there is a potential that staff could be back to Council with additional costs, in that the subject amount represents what the City is offering and feels obligated to under the terms of the agreement and hat the Riviera feels that there are a couple of items for which it is due compensation and there is a potential that the Riviera could come back asking for additional funding; and Mr. Rodgers explained that the City will not own the equipment until the price is properly negotiated finally or an arbitration board decides what the final cost should be in that as he understands it the above amount represents a payment on account. Question being taken, the motion was carried, with Councillor A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 4 of the above report be adopted. Mr. Groody highlighted the agreements with both Local Union No. 771 and the holiday relief fire fighters. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. 84-416 COMMON COUNCIL DECEMBER 20, 1993 On motion of Councillor Coughlan Seconded by Councillor A Vincent RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that section 9 of the above report be adopted. Councillor Chase expressed opposition to the above-proposed appointment on the basis that he could not support the advancement of a Councillor when a citizen has indicated that he wishes to continue to serve and, in fact, in this case has only had a few months of service as he was replacing his father who passed away during his term on the Harbour Bridge Authority. Councillor Knibb advised that, for the same reason, he would be opposing the nomination of Councillor Rogers to the Saint John Harbour Bridge Authority; and expressed the opinion that it is very important for Council to send a message to citizens that it values its volunteers and especially the contribution made to the Authority, in this case, by the late Mr. Boyle and subsequently his son, Owen Boyle. Councillor Gould explained that, while he has no objection to any Councillor serving on boards or commissions, he as a Councillor would not compete with a citizen for such an appointment and, for this reason and that Council should try to involve as many citizens as possible in the governing process, he will be voting against the above motion. Deputy Mayor McAlary advised her intention to oppose the above motion in that Mr. Owen Boyle was appointed to the Authority upon his father's death for the reason that it was felt that he had information that would be beneficial to the Authority, and that Council has received a letter from the Chairman of the Harbour Bridge Authority and she also received telephone calls from other Authority members to the effect that Mr. Boyle has done a good job for the Authority, and also for the reason that Councillors have numerous opportunities to serve on committees. Question being taken, the motion was carried with Deputy Mayor McAlary and Councillors Chase, Gould and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 10 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 11 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 12 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that section 13 of the above report be adopted. 84-417 COMMON COUNCIL DECEMBER 20, 1993 On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that section 14 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Uptown Strategy Working Group submitting a draft of the Uptown Strategy, and advising that the Working Group is now prepared to proceed with the next step of the approved process, that being public review which is to be conducted over the next 60 days, to generate additional comments which will be considered by the Working Group, with a revised final draft of the Uptown Strategy to then be recommended to Common Council for consideration. The letter explains that the focus of the Strategy is to create a positive and supportive environment where business growth, residential development, and heritage/cultural and tourism activity flourish, with emphasis on creating an environment where private, public and personal initiatives will succeed; expresses the understanding that there are two policies (and related actions) stated in the Strategy which may not currently be resolved to the satisfaction of Council: concentration of development in the Uptown area (Policy 6.4.1.1); and also advises that the Working Group will make specific reference to these policies when it reports to Council on the results of the final Public Review portion of the Strategy development process, at which time it is anticipated that Council would then review the final draft and consider adoption of the document. Consideration was also given to a report from the City Manager commenting on the above matter and recommending that Council receive and file the draft Uptown Strategy, and the Uptown Working Group continue by completing the public review step of the process. Mr. Sterling Brown, Chairman of the Uptown Saint John Working Group appointed by Council, addressed Council and, through a slide presentation, provided a status report on the development of the Uptown Strategy; and during discussion advised that it is anticipated that by the end of February the final report will be completed and, with regard to the expectation of funding from the City in terms of implementation of the Strategy, advised that the Working Group sees the effort as a partnership as, obviously, the City has to be involved and, recognizing the difficult economic times, what can be done with the monies the City has is all that can be done, but the Working Group thinks that a lot can be accomplished with action on the part of the partners and probably very little money. Deputy Mayor McAlary expressed concern that retail business is not emphasized in the draft Uptown Strategy in that retail is needed to attract people to the Uptown area. On motion of Councilor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council receive and file the draft Uptown Strategy, and the Uptown Working Group continue by completing the public review step of the process. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of James Cleveland, an employee of the Water & Sewerage Department, in accordance with Section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. 84-418 COMMON COUNCIL DECEMBER 20, 1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Douglas S. Fordham, an employee of the Parks Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters from (a) Mr. Stuart Jamieson, MLA Saint John Fundy, regarding bus service to the rural area of the riding of Saint John Fundy; (b) Ms. Doris Titus concerning bus service to Martinon; and (c) the petition objecting to the possible removal of the Loch Lomond bus route -- be received and filed and referred to the Saint John Transit Commission. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of CIBC for an amendment to the Section 39 conditions of re-zoning of the Prince Edward Square Mall be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be advertised in this regard, with the public hearing to be held on January 31, 1994. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from Mr. Wm. R. Fitzpatrick resigning as the Chairperson and as a member of the Saint John Board of Police Commissioners, effective immediately, being 12:30 p.m. on December 15, 1993-- be referred to the Nominating Committee with the request that it consider another nominee as expeditiously as possible; and further that Mr. Fitzpatrick's resignation be accepted with regret and he be thanked for his service to the City. During discussion Councillor A Vincent expressed the opinion that Mr. Fitzpatrick, having been appointed to the Commission by Council, should have submitted his resignation to Council before giving it to the Commission so that Council members would learn of his resignation first hand rather than through the media. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Animal Rescue League submitting a proposed amendment to the existing Dog By-Law, as per Council's recommendation at the September 20, 1993 meeting -- be referred to the City Manager and the City Solicitor for review. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Downtown Ministers' Association and the Saint John and District Ministerial expressing disappointment that Council chose to take no action on the recent request to Council from the Anti-Pornography Coalition to consider regulations which would restrict the 84-419 COMMON COUNCIL DECEMBER 20, 1993 operation of so-called adult video stores within the City limits; and urgently requesting Council to reconsider this matter -- be received and filed. Deputy Mayor McAlary made the observation that Council has discussed having the City Solicitor look into the possibility of having a by-law, and Mr. Rodgers advised that, while he indicated to Council that the question of morals is on the Federal jurisdiction, if Council wanted him to research what other municipalities are doing with respect to licensing and regulating video outlets he could do so. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letters from (a) Darlene R. Smith asking that the issue of sanding Magazine Street be addressed prior to the next day of inclement weather; and (b) St. Peters Home & School Association suggesting that a solution to correcting a problem on Magazine Street would be to prioritize it to the same status as main streets thereby having it sanded early -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk