Loading...
1994-05-30_Minutes 84-670 COMMON COUNCIL MAY 30,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of May, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, 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; 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; S. Galbraith, Director of Supply and Services; D. Logan, Purchasing Agent; B. Steeves, Deputy Building Inspector; J. Baird, Manager - Development Division, Planning; G. Tait, Fire Chief; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and Reverend William MacMullin of St. George's Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that minutes of the meeting of Common Council, held on May 16, 1994, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor Higgins extended congratulations to City staff member, Brian Malone of the Planning Department, on his completion of the two-year Local Government Administration Course offered by Henson College of Dalhousie University, having received the highest mark in the Maritime Provinces; advised that government, industry and citizen action groups will have displays and demonstrations at the Lancaster Mall relative to environmental issues on June 4 - Environmental Awareness Day; noted that Council on Saturday, June 11 will be formally conferring the Freedom of the City on the 722 (Saint John) Communication Squadron; and proclaimed May 30 to June 5 as National Access Awareness Week in the City of Saint John in recognition of persons with disabilities and their potential role in the community. Deputy Mayor McAlary commented on three clean-ups to be undertaken by the South Central Citizens Group with students from various schools, the Saint John West Preservation Society involving students from the New Albert School, and the Canada Employment Centre of Youth, in conjunction with Environmental Awareness Day, as well as on a Transportation, Family Barbecue and Train Ride at Pugsley Park on June 5 to mark the commencement of Transportation Week. * Added Items A motion was proposed by Deputy Mayor McAlary and seconded by Councillor Landers to add to the agenda of this meeting the following items which were considered in Committee of the Whole earlier this date:- item 50 as item 23A, and items 56, 57 and 64 as items 28B, 28C and 28D, respectively. Councillor M. Vincent, noting that his comments were not on the proposed motion, advised that a petition was delivered to his residence on May 29 84-671 COMMON COUNCIL MAY 30,1994 signed by 1352 people expressing concern over the reduction of lifeguard services at various areas, primarily at the Reservoir and Mispec Park; and filed the petition with the Common Clerk to be copied to any Council member who wished to receive a copy. Councillor Gould expressed concern about the addition of item 50 to the agenda of this meeting on the basis that, while pleased that the matter is finally to be taken from Committee of the Whole where it has been for almost a year, Council already has a 66-item agenda and item 50 is a very complex area, involving the City financially for 15 to 20 years at a cost in excess of $2 million, and his opinion that Council should not attempt to deal with this item at this meeting in the very limited time available; and advised his intent to vote "nay" on the proposed motion. The Mayor called for the question on the motion, whereupon Councillor A. Vincent asked that Council vote separately on each item to be added to the agenda. On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that item 50 concerning the Museum proposal be added to the agenda of this meeting as item 23A. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that items 56 concerning 55 Canterbury Street, 57 regarding the lease at Reversing Falls, and 64 with respect to Local 771 's Application to the Industrial Relations Board, be added to the agenda of this meeting as items 28B, 28C and 28D, respectively. Question being taken, the motion was carried. The Mayor asked Council's consideration of item 6 at this time on the basis of the interest in this item of the large delegation present in the Council Chamber. On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that Council consider item 6 at this time. Question being taken, the motion was carried. 6. Municipal Plan Amendment & Re-ZoninQ Property Off Gifford Road 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, (i) a parcel of land having a frontage of 66 feet on Gifford Road, a depth of 125 feet and an area of 8,250 square feet, being a portion of NBGIC Number 407031; and (ii) a parcel of land located on the western side of an existing brook, having an area of approximately 66 acres, being a portion of NBGIC Numbers 55024343,407031 and 36657, from Open Space to Light Industrial classification; and (b) re-zoning the same parcels of land from "R-2" One- and Two- Family Residential and "P" Park to "1-1" Light Industrial classification, to bring the present use of the land owned by Canadian Pacific Ltd. and J. D. Irving Limited, located along the existing Irving Service Road, into conformity with the Zoning By-law, as requested by J. D. Irving Limited, and that written objections in this regard have been received from Agatha Bonga, Christopher and Sharon Titus, Paul and Anne Hatchette, Emile and Louise Arsenault, Byard and Lorraine Herrington, Maureen Fuller, and the Bald Hill Concerned Citizens Group, and that a letter (copies of which were distributed to Council members on this date) has also been received from J. D. Irving, Limited, advising of its withdrawal of the subject application. 84-672 COMMON COUNCIL MAY 30,1994 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of the Planning Department's report and of letters received in opposition received by the Committee since the above application was referred to it on April 5; commenting on the proceedings of the Committee's May 17 meeting in this regard; and recommending that (1) Council redesignate on Schedule 2- A of the Municipal Development Plan, from Open Space to Light Industrial classification, a parcel of land with an area of approximately 15 acres being parts of NBGIC Numbers 407031 and 36657, beginning 250 feet north of the building utilized by Irving Equipment Ltd. and all those lands located to the south of this line as shown on the submitted plan; (2) Council re-zone the same area in (1) above from "P" Park to "1-1" Light Industrial classification; (3) Council not approve the proposed Municipal Development Plan amendment and re-zoning of the area of land located to the north of the proposed zone boundary, as noted in (1) of this recommendation; and (4) Council not approve the proposed Municipal Development Plan amendment and re-zoning of the area of land with 66 feet frontage and a depth of 125 feet being a portion of NBGIC Number 407031 adjacent to Gifford Road. Mayor Higgins read the above-mentioned letter from J. D. Irving, Limited; and expressed the understanding that this matter can only be reactivated by another full application after at least one year. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Council accept the withdrawal of the J. D. Irving, Limited application for a Municipal Plan amendment and re-zoning of property off Gifford Road. Councillor Rogers asked if the spokesmen for the residents will have an opportunity to speak at this meeting and, if not, could a motion be placed on the floor to allow such representation to be made, to which Mr. Rodgers replied that, if Council grants the request for the application to be withdrawn by passing the above motion, there will be no public hearing and no speakers relating to the issue; however, after that it would be a new issue and the rules governing getting items on the agenda would apply and that eight affirmative votes would be required to add the item to this agenda, with the Mayor having the right to pursue what the purpose of adding the item would be and rule on that. In response to Councillor Rogers, Mr. Rodgers advised that, assuming the application is withdrawn, the legal rights possessed by the City and the legal rights possessed by the Company before the application started still exist and no one has gained or lost anything from the point of view of what the legal positions of the parties were before the process started. Councillor Landers asked if, without re-zoning, the operation of a pit and quarry could occur in the subject area, to which Mr. Baird replied that it would be necessary for the applicant to make a new application for a Municipal Plan amendment and re-zoning, if the applicant was to attempt to use the quarry and use Gifford Road as the access, and that he is not aware of any other road access where the subject property fronts on a public road. Councillor Gould advised his intent, if he could do so legally, to propose a motion that the spokesperson for the residents be heard at this meeting; and Councillor A. Vincent questioned the waiting period for another application based on his understanding that the applicant can reapply at any time if Council grants the request to withdraw the application; however, if Council denied the application, the one-year waiting period would be effective. Question being taken, the motion was carried. Mr. Rodgers advised Council that it should deal with the other public hearings scheduled for this meeting before dealing with other items. (Councillor Chase withdrew from the meeting.) Following a brief recess, the meeting resumed. 4. Municipal Plan Amendment & Re-ZoninQ 20 Church Avenue The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on 84-673 COMMON COUNCIL MAY 30,1994 Schedule 2-A, the Future Land Use Plan, a parcel of land containing former Fire Station #7, located at 20 Church avenue (NBGIC Number 36574), from Major Institutional to District Centre Commercial classification; and (b) re-zoning the same area of land from "IL-2" Major Institutional to "B-2" General Business classification, to permit the use of the building for a beauty salon and offices, as requested by Peter A. Martin, and that no written objections were received in this regard. 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 May 24 meeting at which the applicant was present and in agreement with the staff report, and no one appeared in opposition to the application; and recommending that (1) Common Council amend the Municipal Development Plan by redesignating on Schedule 2-A, from Major Institutional to District Centre Commercial classification, a parcel of land containing former Fire Station #7, located at 20 Church Avenue and having NBGIC Number 36574; and (2) Common Council amend the City of Saint John Zoning By-Law by re-zoning the same area of land from "IL-2" Major Institutional to "B-2" General Business classification, subject to a resolution pursuant to Section 39 of the Community Planning Act requiring the retention and maintenance of the existing landscaped area, and parking area. (Councillor Chase re-entered the meeting.) Mr. Peter Martin, the applicant, was present at the meeting in support of the proposed amendments, and noted his desire that the re-zoning be approved. On motion of Councillor Knibb Seconded by Councillor Rogers 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 containing former Fire Station #7, located at 20 Church Avenue (NBGIC Number 36574), from Major Institutional to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Deputy 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 containing former Fire Station #7, located at 20 Church Avenue (NBGIC Number 36574), from Major Institutional 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing former Fire Station #7, located at 20 Church Avenue (NBGIC Number 36574), from "IL-2" Major Institutional to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. 84-674 COMMON COUNCIL MAY 30,1994 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 M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing former Fire Station #7, located at 20 Church Avenue (NBGIC Number 36574), from "IL-2" Major Institutional to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment & Re-ZoninQ 298-300 Main Street 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 containing former Fire Station #5, located at 298-300 Main Street (NBGIC Number 374348), from Major Institutional to Commercial classification; and (b) re-zoning the same area of land from "IL-2" Major Institutional to "B-2" General Business classification, to permit the use of the building for offices, as requested by Peter A. Martin, and that no written objections were received in this regard. 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 May 24 meeting at which the applicant was present and was in agreement with the staff report, and no one appeared in opposition; and recommending that (1) Common Council amend the Municipal Development Plan by redesignating on Schedule 2-A, from Major Institutional to Commercial classification, a parcel of land containing former Fire Station #5, located at 298-300 Main Street and having NBGIC Number 374348; and (2) Common Council amend the City of Saint John Zoning By- Law by re-zoning the same area of land from "IL-1" Major Institutional to "B-2" General Business classification. The Mayor noted the applicant's presence at the meeting. On motion of Councillor Knibb Seconded by Deputy Mayor 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 containing former Fire Station #5, located at 298-300 Main Street (NBGIC Number 374348), from Major Institutional to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". 84-675 COMMON COUNCIL MAY 30,1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing former Fire Station #5, located at 298-300 Main Street (NBGIC Number 374348), from Major Institutional 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 Coughlan 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 containing former Fire Station #5, located at 298-300 Main Street (NBGIC Number 374348), from "IL-2" Major Institutional 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 Deputy Mayor 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 containing former Fire Station #5, located at 298-300 Main Street (NBGIC Number 374348), from "IL-2" Major Institutional 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 Trites RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 7. Re-ZoninQ 1062 Latimer Lake Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1062 Latimer Lake Road, having a frontage of approximately 66 feet on the south side of Latimer Lake Road and an area of approximately 1.4 acres, being a portion of NBGIC Number 335265, from "RS-1 M" One- and Two-Family and Mobile Home Suburban Residential to "RF" Rural classification, to place the land in the same zoning category as the balance of NBGIC Number 335265 and permit its use as an access road for a gravel pit, as requested by Gerald J. Ryan Co. Ltd., and that a petition from the Residents Committee, and written objections in this regard have been received from Margaret and Cyril R. Parfitt, Cheryl and Wayne Webb, Raoul and Cathy Theriault, Edward and Marilyn Cook, David Bustin, Terrance Gray, Gail Gray, Ernie Carson, La Vina Carson, Linda Baxter, Douglas C. Baxter, Patricia Nash, Douglas Nash, L. Tessier, Rose Tessier, Evelyn Robison, Mike and Lisa Beman, and the Beman family; and that a letter has also been received from Maureen Bernard, on behalf of her father 84-676 COMMON COUNCIL MAY 30,1994 - Gerald Ryan, asking that this matter be postponed for at least one week as Mr. Ryan is presently in hospital and this will enable her to prepare a statement for him. Consideration was also given to a report from the Planning Advisory Committee advising that it adopted the recommendation contained in the submitted report from the Planning Department at its May 24 meeting at which a presentation was made in opposition to the application on behalf of area residents, and the applicant was not present, although he had been advised of the date and time of the hearing by letter and in person; and recommending that the application be denied. The Mayor advised that, in view of the above-mentioned letter requesting postponement and on checking with the City Solicitor, the public hearing must go forward at this time; otherwise, a re-application would be necessary; and Mr. Rodgers, in expressing the opinion that there is no statutory provision for adjourning public hearings, confirmed that Council has to deal with the public hearing at this meeting, otherwise the process would have to start over again. Councillor Coughlan suggested that Council could hold the public hearing and table the decision pending an appearance by the applicant who could speak at a subsequent Council meeting, to which Mr. Rodgers replied that, while the applicant would not have the right to appear, Council could allow him to appear. Evelyn Robison of 44 Nicolle Road spoke in opposition to the re-zoning of 1062 Latimer Lake Road; made the observation that, if approved, it would allow the fifth working pit in the community, the access roads to which are all within a two-mile stretch which includes Ocean View Memorial Gardens and the Latimer Lake Elementary School; and expressed concern about the additional noise, dirt and dust from another gravel pit in the area, decreased property values, limitation on residents' outdoor activity, the risk to children due to truck traffic or wandering into one of the pits which are easily accessible, and the hazard of the access road to the subject pit being directly beside the Latimer Lake Variety Store. Ms. Robison questioned the effect of possible blasting on water supplies and basements in the area; noted the petition containing over 260 signatures which was submitted to the Planning Advisory Committee; and concurred with Planning staff and the Planning Advisory Committee that the application should be denied. Richard Dempsey, owner of the Latimer Lake Variety Store, appeared against the proposed re-zoning on the basis of his concern, particularly with regard to the possible loss of business to his Store due to dust from the trucks travelling the access road next to his property, as well as the possibility that residents of the Latimer Lake Trailer Park, from which two-thirds of his business comes, will not walk to his Store due to the lack of sidewalks between the Trailer Park and his Store; and the safety of the children who walk between his Store and the children's park as there is no sidewalk there. Mr. Dempsey also expressed concern that, if the applicant hauls the soil from the subject pit to its asphalt plant in Garnett Settlement, the traffic will run directly in front of his Store and the children's park, as well as with regard to the possible collapse due to heavy truck traffic of his septic field which borders the pit road, and a possible problem with garbage being dumped in this pit which could attract rats. Margaret Dubee of Grandview Avenue addressed Council in opposition to the above application as spokesperson for residents of Grandview Avenue, Heather Way, Hickey Road and Loch Lomond Road; noted her presentation to Council at the May 12 public meeting regarding the proposed Pits and Quarries Aggregate Resource Strategy; expressed concern that the subject application may not be dealt with at this meeting, and suggested that, if she had been sick this evening, she would have sent representation so as not to delay a decision that has already cost the citizens many hours and many sleepless nights, not just in worry but with trucks and the noise from cars passing over the dirt which has been dumped on their roads. Ms. Dubee expressed concern about the possibility of garbage being dumped in the subject area as the residents do not wish to deal with rats, the affect on the subject area by another gravel pit due to truck traffic, noise, dust, and the minimum space on which to walk between the road and the ditch; suggested that four gravel pits in the area is far more than enough for a two-kilometre area; and asked that Council make a decision on this matter at this meeting so the residents will not have to worry about it any longer, nor have to come back to Council to try to fight again, and for Council to make a wise decision, giving the residents the peace and comfort they deserve. 84-677 COMMON COUNCIL MAY 30,1994 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Gerald J. Ryan Co. Ltd. for the re-zoning of 1062 Latimer Lake Road be denied. Councillor Gould asked if, should Council at this meeting deny by majority vote the above application, anyone could question the legality of this vote inasmuch as the applicant, while having had an opportunity to make a presentation, asked for a delay on the matter; to which Mr. Rodgers replied that, while he does not have any words to establish much certainty in this area, the statute requires the date for the public hearing, which has been set and advertised for this meeting and could not be delayed one week as requested on behalf of the applicant; and no harm would be done nor could Council get in deeper difficulty if it grants the applicant or someone on his behalf an opportunity to make a presentation at the next meeting, and Council would be in a sounder legal position to provide the opportunity at the next Council meeting. In response to Councillor Chase, Mr. Rodgers re-iterated his opinion that Council would be on sounder legal grounds by giving the applicant the opportunity to appear as should Council deny the application at this meeting, in the concept of fairness, it would be making its decision hearing one side and, although he does not know how absolute it is that the applicant would be required to be present at this public hearing, in granting the one-week request Council would not jeopardize anyone's position nor would it be making a decision. Councillor Trites asked if, by denying the application at this meeting, Council could be giving the applicant an opportunity to appeal, to which Mr. Rodgers replied in the affirmative, whereupon Councillor Trites suggested that, should Council make a decision at this meeting thereby leaving it open to appeal at another level which could reverse the decision, Council could be doing a major disservice to the residents of the area and that this is not an opportunity that Council would want to leave open. Mr. Rodgers made the observation that the appearance and certainly the spirit behind this should be left so that someone on behalf of Mr. Ryan can speak objectively to Council at the next meeting and that that impression should be left for it to mean anything. On motion of Councillor Trites Seconded by Councillor A. Vincent RESOLVED that Council table its decision on the above matter until June 13, 1993 and communicate with the interests in the Company to indicate to them that, should they wish to have a representative present, Council will entertain them at that time. Question being taken, the tabling motion was lost with the Mayor and Councillors Gould, Landers, McAlary, Rogers and M. Vincent voting "nay". Question being taken, the original motion was carried. (Councillor Chase withdrew from the meeting.) Following a recess, the meeting resumed. 8. Municipal Plan Amendment & Re-ZoninQ 75 CoburQ Street Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 75 Coburg Street (NBGIC Numbers 15669 and 15214), located at the intersection of Coburg and Garden Streets and having a frontage of approximately 150 feet on Coburg Street and approximately 197 feet on Garden Street, from High Density Residential to District Centre Commercial classification, to permit the re-zoning of the property from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification and subsequent use of the existing residential building and adjoining parking area for professional and administrative offices and classrooms, as requested by Maharishi Vedic College Inc. (Councillor Chase re-entered the meeting during the above 84-678 COMMON COUNCIL MAY 30,1994 presentation. ) 9. Municipal Plan Amendment & Re-Zoning Portion of Fernhill Cemetery, Westmorland Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located on the northwest side of Westmorland Road opposite the end of Margaret Street, having a frontage of approximately 375 feet on Westmorland and being an approximately 2.5 acre portion of the Fernhill Cemetery property (NBGIC Number 316448), from Open Space to District Centre Commercial classification, to permit re-zoning of the land from "P" Park to "B-2" General Business classification for the development of a funeral home and chapel, as requested by Fundy Funeral Home Co-Operative Ltd. 1 O. Municipal Plan Amendment & Re-ZoninQ 1121 ManawaQonish Road Public presentation of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of 105 feet on the street and located at 1121 Manawagonish Road (NBGIC Number 397430), from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the same property to a "B-2" General Business zone and subsequent additions and renovation of the existing motel units, as requested by Doug King. 6. The Mayor called upon Councillor Gould with regard to agenda item 6. On motion of Councillor Gould Seconded by Deputy Mayor McAlary RESOLVED that a spokesman from the delegation concerning agenda item 6 be permitted to address Council at this time, with the request that the spokesman be conscious of the time restraints under which Council is working at this meeting. Question being taken, the motion was carried. Mr. Norman Bosse, a resident of Manawagonish Road, addressed Council as legal counsel representing the Preserve Bald Hill Citizens Group with regard to the Group's efforts and money expended to prepare for this matter, and the Group's observation that the citizens' time, money and bother would have been saved had Council passed the tabling motion at the April 5, 1994 Council meeting to request the applicant to identify the use to which the property would be put. On behalf of the Group, Mr. Bosse asked whether or not material or rock from the subject property could be moved by barge or railway to which Mr. Baird replied that, when the subject application was being considered, the applicant indicated that, in the future when the quarry was still being actively considered and if the markets were to develop, it would consider using barges to move the material as well; and also asked, with regard to the inclusion in the subject property of an approximate 250-foot portion of property zoned Park, whether or not the applicant can keep moving into the Park zone with fill or with other materials to which Mr. Baird replied that, if Council so wishes, he would prefer to research and discuss this matter with other staff members as to what the standards are with respect to an expansion to this fill area, with the Mayor's request that Mr. Baird communicate the answer to Mr. Bosse. Mr. Bosse suggested that, with regard to section 910 3(b) of the Zoning By-law which deals with re-application and waiting the one year period and refers to an application being refused by Council, in this instance there could be an application at any time as the application was not refused by Council at this meeting, but was withdrawn. Following a recess, the meeting resumed. 11A. & 11 B. LifeQuard Services 84-679 COMMON COUNCIL MAY 30,1994 With regard to the letters from Councillors Chase and Rogers, the Mayor asked Councillors Chase and Rogers to remove these items from the agenda, and called upon Councillor Knibb to address this matter. Councillor Knibb, a member of the Saint John Aquatic Centre Commission, asked Council's consideration of a motion that the Aquatic Centre Commission be requested to fund the lifeguards for Dominion Park Beach and Lakewood Reservoir from the 19th of June to the 21 st of August, 1994, at a cost not to exceed $26,000, and to ask the YMNWCA, which is already looking after provision of lifeguards for Lily Lake and Fisher Lakes, to do the hiring and scheduling of the lifeguards for these other two beaches; advised that he has spoken to the Chairman of the Aquatic Centre Commission Leo Maloney, Managing Director of the Aquatic Centre Daryl Steeves, and Recreation Director Jack Brownell, all who feel that this is the best route to go; and made the observation that the City, in trying to restrict public beaches in the summer in order to meet the constraints of the operating budget, cut back in this area, and, in asking the Aquatic Centre not the City to increase its expenditure, it is hoped that the Aquatic Centre Commission can in fact meet this added burden this year. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Aquatic Centre Commission be requested to fund the lifeguards for Dominion Park Beach and Lakewood Reservoir from June 19th to August 21st, 1994, at a cost not to exceed $26,000, and to ask the YMNWCA, which is already looking after provision of lifeguards for Lily Lake and Fisher Lakes, to do the hiring and scheduling of the lifeguards for these other two beaches. During discussion Messrs. Totten and Wilson spoke on the above resolution on the basis that, while it indicates that Council wants to find a solution to ensure that lifeguards are provided to the two beaches that were in question, the proposed funding provides one option and that the matter could be referred to staff to proceed on the basis that Council is telling staff to proceed within the $26,000 but, because the Aquatic Centre is underspent at this time, to determine whether or not it is wise to earmark those particular funds or to consider something else that may answer some problems in the future. Question being taken, the motion was carried. 12. ProQress Payment Contract 93-12 On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 93-12, Supply & Install 900 mm B.F. Valve QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated May 25, 1994 Holdback release on completed portion of contract. $90,200.00 57,148.31 Nil 47,993.00 9,155.31 598.95 $ 9,155.31 Question being taken, the motion was carried. (The Mayor withdrew from the meeting whereupon Deputy Mayor McAlary assumed the chair.) 84-680 COMMON COUNCIL MAY 30,1994 13. Tender For Brush Cutter On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Arbing Equipment Ltd., in the amount of $27,699 (plus taxes), being the lowest bid to meet all the requirements of the tender, be accepted for the supply of one only three point hitch-type, brush cutter for the Parks Department. Councillor Coughlan advised that, in the interest of the very lengthy agenda, he would be prepared to move acceptance of the City Manager's recommendations on tender items 13 through 20, to which Deputy Mayor McAlary suggested that the items should be considered individually for the benefit of the public viewers. Question being taken, the motion was carried. 14. Tender For Janitorial Service On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Jani-King, in the amount of $1,800 per month (plus taxes), be accepted for the provision of janitorial services to the Rothesay Avenue Complex for the period of 24 months. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 15. Tender For Contract 94-5, Water and Sewer Renewal Molson Avenue On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 94-5, water and sewer renewal Molson Avenue, be awarded to Dean Construction Ltd., at the bid price of $118,965, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16. Tender For Supplv Of liquid Chlorine On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Stanchem Inc., in the amount of $105.40 per 68 kg cylinder and $621.43 per 907.03 kg. cylinder (plus taxes), be accepted for the supply of liquid chlorine on an as-and-when-required basis for a 12-month period. Question being taken, the motion was carried. 17{a). Tender For Four Trucks Consideration was given to a report from the City Manager advising that the following three companies responded to the tender for the supply of four, 4 x 4 cab and chassis c/w dump box for the Water and Sewerage Department: (1) Brunswick 84-681 COMMON COUNCIL MAY 30,1994 Chrysler Plymouth Ltd. - $28,821/each; (2) Dobson Chrysler Dodge Ltd. - $29,442/each; and (3) Downey Ford Sales Ltd. - $31 ,501/each; requesting Council, as per the letter from Brunswick Chrysler Plymouth Ltd. which is on the agenda of this meeting, to allow Brunswick Chrysler Plymouth Ltd. to withdraw its tender from further consideration, without prejudice; and recommending, as the tender of Dobson Chrysler Dodge Ltd. is incomplete and not to the specifications of the tender call, the acceptance of the tender of Downey Ford Sales Ltd. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Downey Ford Sales Ltd., in the amount of $31,501 each (plus taxes), be accepted for the supply of four 4 x 4 cab and chassis c/w dump box for the Water and Sewerage Department. Question being taken, the motion was carried. 17{b). Brunswick Chrysler Plymouth Ltd. Consideration was also given to the above-mentioned letter from Brunswick Chrysler Plymouth Ltd. advising that, due to a pricing error on its part, it is forced to ask to withdraw its bid on tender #94-043 for 4 - cab & chassis 4 x 4s; and asking that this request be complied with and its certified cheque be returned. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Brunswick Chrysler Plymouth Ltd. requesting to withdraw its bid on tender #94-043 -- be received and filed and the withdrawal of the bid be allowed. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) 18. Tender For Sidewalk Tractors On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Saunders Equipment Ltd., in the amount of $100,000 (plus taxes), be accepted for the supply of two sidewalk tractors for the Works Department. Question being taken, the motion was carried. 19. Tender For Trucks The Mayor advised that the City Manager has asked that item 19, the report on the tender for trucks, be withdrawn from the agenda. On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that item 19, the City Manager's report on the tender for trucks, be withdrawn from the agenda of this meeting. Mr. Totten explained that the reason for his request for withdrawal of the above report is that the City received information from Chrysler Canada on May 27 with respect to a change in the model year and some reluctance on committing on the model, and staff would like the opportunity to review this; and Messrs. Totten and Logan responded to Council queries relative to joint tendering or purchasing on a regional basis and the possibility of the City tendering for all yearly truck purchases in one tender call. 84-682 COMMON COUNCIL MAY 30,1994 (Councillor M. Vincent withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 20. Tender For Sand and Gravel Consideration was given to a report from the City Manager advising the result of the tender review process, complete with a list of the bidders and the location of their pits with regard to the tender for the establishment of a supply agreement for the provision of sand, gravel, aggregates, topsoil and sod, the term of the agreement to be 12 months from the date of award by Council and to guarantee the City with a constant supply of material, at a fixed price, for the period of the agreement; explaining why staff recommends that the tender of Debly Construction Ltd. be rejected as incomplete, that no award be made for item #4a abrasive sand, and that the tenders of Thomas Construction Ltd. and Grove Construction (1986) Inc. be accepted upon the condition that material supplied will only be from pits which meet the by-law requirements of an excavation permit; and submitting a recommendation for the award of the tender. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, the low tenderer meeting the specifications and terms and conditions of the tender, as indicated on the submitted summary, be accepted for the supply of sand and gravel. In response to Councillor Landers' query as to whether or not the City can refuse to award tenders to companies which, based on past performance, are in violation of City by-laws such as removing topsoil or operating when they should not be, or have not performed work to the proper standards requested by the City, Mr. Rodgers expressed the opinion that, assuming that an operator is not in compliance with a by- law, it is against public policy to refuse a tender award where all the specifications have been met on those grounds alone and award the contract to a higher bidder thereby paying more public funds simply because one individual is not in compliance with the by-law when there is an enforcement procedure for that, laws set down and courts available to take care of it; and Mr. Bedford advised that, if Council feels that this concern should be reviewed further, staff could do so and develop a response with respect to future enforcement. (Councillor Coughlan withdrew from and Councillor M. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried. 21. Control of Pit Bull DOQs On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that, further to Stephen Chase's request to Council on March 28 for a by-law making pit bull dogs a restricted pet with stringent controls, the Animal Rescue League does not feel that a by-law restricting any breed is a reasonable route to take and other communities have found that it is more effective to deem specific dogs dangerous or vicious and severely restrict the conditions under which they may be kept, and that a further review is necessary before a specific recommendation can be proposed to Common Council -- be received and filed and a copy be forwarded to Stephen Chase. Question being taken, the motion was carried. 22. Watershed Forest ManaQement Activities 84-683 COMMON COUNCIL MAY 30,1994 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council provide authorization for staff to negotiate with Southern New Brunswick Wood Co-Operative Ltd. to supply silviculture services at rates consistent with the Canada/New Brunswick Cooperation Agreement on Forest Development, and further that as provided in the 1994 Water and Sewerage Operating Budget, expenditures of up to $40,000 be authorized for this purpose. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. 23. Federal Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager advising that the City has been notified of the approval of the following four projects for funding under the Federal Infrastructure Program: (1) wastewater system extension; (2) lead service pipe renewal; (3) retaining wall - Crown Street; and (4) The New Brunswick Museum, the total eligible cost of which is $9,100,000 with the Federal/Provincial contribution to be $6,067,332, and submitting copies of the letters of acceptance; also advising that, while the Fundy SWAT application for a maximized recycling facility did not form part of the City's application, it has been included in the projects approved for this region, Fundy SWAT having applied for a $9.2 million Max RF facility, with approval for the project providing only $1 million from the Federal Government, which leaves a number of unanswered questions on which Council will be kept informed -- be received and filed and Council express appreciation to the other two levels of government. Question being taken, the motion was carried. *23A. Market Square Museum Proposal On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that Common Council approve a rental subsidy of $310,000 per year in the years 6 through 20 of a proposed lease for The New Brunswick Museum in the Market Square Complex, consistent with a presentation and drawings presented to Council by The Market Square Corporation on May 30, 1994. Mr. Totten explained that the information presented by The Market Square Corporation in Committee of the Whole earlier this date is based on a presentation to the Corporation by The Hardman Group, the managers of the Market Square complex, indicating that the cost to the City of Saint John, irrespective of the initial capital contribution for the Infrastructure Program, would be approximately $65,000; noted that the City is making no commitment in the first 5 years and, as a result of the reduction in common area space at the facility, the City's costs will reduce by $190,000 in the first 5 years and that will continue, and in year 6 the City is asked to provide $310,000. Councillor Gould expressed opposition to the City's involvement on the basis that, as the Museum is the property of the Government of New Brunswick, the Province, not the taxpayers of Saint John, is responsible for its operation, and his concern about the rent for the Museum at Market Square in that the City contributes money for a portion of the common area in the complex and the Museum's occupation there would normally reduce the City's common area costs. Councillor A. Vincent expressed agreement with Councillor Gould's comments. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". 84-684 COMMON COUNCIL MAY 30,1994 24. Police Force Retirements On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager submitting information recently provided by the Chief of Police, further to Council's request sometime ago for information with respect to the numbers of police officers who have retired under various sections of the City of Saint John Pension Act; and noting that section 9(2) of the Act deals with the matter of disability -- be received and filed. Question being taken, the motion was carried. * Motion of Condolence Councillor A. Vincent extended condolences to the family of retired Saint John Fire Fighter, Vernon Daley, who passed away on May 24. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend a message of condolence to the family of the late Mr. Vernon Daley. Question being taken, the motion was carried. 25. Rotary Admiral Beatty Complex Ramp At Charlotte Street Entrance On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council grant Saint John Non-Profit Housing Inc. permission to occupy a portion of the Charlotte Street street-of-way for the purpose of constructing an approximately 3 foot by 15 foot concrete wheelchair ramp, and that the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 26. 30 Broadway Street Easement For Encroachment Read a report from the City Manager submitting information from the Legal Department with regard to the request of Mr. Theodore Wilson, solicitor for the owners, for an easement to permit the encroachment of the dwelling at 30 Broadway Street upon Broadway Street; and recommending adoption of the submitted resolution in this regard. On motion of Councillor M. Vincent Seconded by Deputy Mayor 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 Leo Joseph Chevarie and Cathy M. Chevarie, the present owners, to permit the encroachment of their dwelling house upon Broadway Street, such easement to termination with the destruction or removal of the said encroachment. 84-685 COMMON COUNCIL MAY 30,1994 Question being taken, the motion was carried. 27(a). Response To Reine Wojcik's April 25 Presentation On Stevens/McGuire Roads On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the report from the City Manager (which was withdrawn from the May 9, 1994 Council agenda) responding to the issues raised in a brief presented to Council on April 25 by Mrs. Reine Wojcik with regard to the Stevens Road/McGuire Road -- be received and filed and Common Council provide a response on Council's behalf to Mrs. Wojcik. Question being taken, the motion was carried. 27{b). French Translation of Report 27{a) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the French translation of the report from the City Manager responding to the issues raised in a brief presented to Council on April 25 by Mrs. Reine Wojcik with regard to the Stevens Road/McGuire Road -- be received and filed and a copy be forwarded to Mrs. Wojcik. Mr. Totten advised that the cost of the above translation, which was not done in-house, was approximately $250. Question being taken, the motion was carried. 28. Marco Polo Model Read a report from the City Manager submitting a copy of a letter from W. G. Tucker of the Canadian Coast Guard requesting that the City relinquish possession of the Marco Polo model, which the City accepted from the Coast Guard in February 1991; and submitting a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Marco Polo model be relinquished to the Canadian Coast Guard, thereby voiding the terms and conditions of the agreement outlined in the submitted letter of November 15, 1990, and thus enabling plans to proceed to have the replica included in The New Brunswick Museum plans for Market Square. Question being taken, the motion was carried. 28A. Tender For Restoration Of Grassed Areas On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Property Management/Proman, at the unit prices indicated in the submitted summary, be accepted for the restoration of grassed areas as part of the excavation process undertaken by the Water and Sewerage Department. Question being taken, the motion was carried. *28B. 55 Canterbury Street 84-686 COMMON COUNCIL MAY 30,1994 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the property at 55 Canterbury Street be sold to Yong Suk Chong & Cyrus Hajizaoeh under the terms and conditions as outlined in the submitted Purchase and Sale Agreement which includes the following: (1) the sale price to be $259,000 plus normal adjustments; (2) the sale be subject to the purchaser being able to arrange suitable financing on or before June 21, 1994; and (3) the closing date to be on or before June 30, 1994. Question being taken, the motion was carried. *28C. Lease At ReversinQ Falls On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of April 11, 1994, relative to the lease of the so-called Reversing Falls Restaurant, be amended as follows:- (1) the lessee be changed from Aquarius Ltd. & S.A.K.I.S. Gourmet Services Ltd. to 056975 N.B. Ltd.; and (2) the term of the lease be changed from June 1, 1994 - May 31, 1997 to July 1, 1994 - June 30, 2004. Question being taken, the motion was carried. *280. Local 771 Application To Industrial Relations Board On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Common Council hereby ratifies the filing with the Industrial Relations Board on Friday, May 27, 1994, of the City's Reply to the Section 22 Application of the Saint John Firefighters Association, Local 771, and further that Common Council hereby authorizes the City Solicitor or his designate to participate in any and all proceedings respecting the said Application. Question being taken, the motion was carried with Councillors Rogers and M. Vincent voting "nay". 29. Moratorium On Operation Of Pits & Quarries PendinQ Study Of StrateQY On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the City Solicitor expressing the opinion, in response Council's request of May 12 for an opinion on Council's authority to place a moratorium on the operation of pits and quarries while a study is being undertaken on the proposed Pits and Quarries Aggregate Resource Strategy, that Council does not have the authority to suspend the rights of its citizens through a mere resolution at this time; however, once Council commences the necessary steps to formally change the present law and authorizes the necessary advertising by fixing the day and place for consideration of objections, Council may pass a resolution prohibiting further excavation under Section 71 of the Community Planning Act and that, short of amending the current law, the use of Section 71 of the Community Planning Act is the only provision available to Council to prohibit development as defined in the Community Planning Act -- be received and filed. Question being taken, the motion was carried. 30. X-Rated PornoQraphic Videos and MaQazines Read a report from the City Solicitor referring to Council's discussions 84-687 COMMON COUNCIL MAY 30,1994 over the past several months on the subject of regulating the sale and rental of x-rated pornographic videos and magazines in the City, and to his report to Council in this regard on March 21; also referring to an article in the March 1994 edition of Municipal World magazine in which Legal Editor Carolyn Stobo advises that, in a recent decision the Ontario Municipal Board has reiterated that the land use planning system is designed to regulate land uses and not land users, and it is not a legitimate forum for regulating sexual or other morality; and submitting a resolution, should Council wish to stay involved in this matter, to take the next step, which is to ask the Minister of Municipalities, Culture and Housing to amend the Municipalities Act. On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that the Minister of Municipalities, Culture and Housing be requested to have the Municipalities Act amended to give municipalities the authority to enact a by-law licensing and regulating including the location and limiting the number of adult entertainment parlours and pornographic video outlets. In response to Councillor M. Vincent's question about limiting the number of such outlets, Mr. Rodgers advised that, if the Minister and the Province decide to amend the Municipalities to give municipalities this authority, it would be enabling legislation which could be used as seen fit. Councillor Trites asked if there is a legally- acceptable definition of pornographic video outlets and if the resolution should refer to video outlets renting pornographic or adult moves, rather than isolate a couple of facilities as compared to an unknown number of facilities that rent adult videos; and suggested that, if the proper motion is not made, there could be an obvious Charter of Rights violation involved, to which Mr. Rodgers replied that it is very doubtful that the Province would use the proposed resolution and not examine the question in that lawyers from the Department of Justice would be involved and the law would be examined and, while there are probably other ways of doing it, the purpose of the resolution is to ask the Minister to amend the Municipalities Act to let municipalities get involved in this subject. Question being taken, the motion was carried with Councillor Knibb voting "nay". 31. Judicial Review Of Local 61 Application To Industrial Relations Board Read a letter from the Common Clerk submitting a recommendation adopted in Legal Session on May 16, 1994. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the City Solicitor or his designate, file and proceed with an application for judicial review of the Industrial Relations Board Decision, dated the 4th day of March, 1994, dealing with an Application by C.U.P.E. Local, 61 respecting the scheduling of 1994 vacations. Question being taken, the motion was carried. 32. Committee of the Whole Report 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 May 16, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 84-688 COMMON COUNCIL MAY 30,1994 1. That Rosella McCann of Homelife Realty Ltd. be advised that the City is not interested in purchasing the land on Foster Thurston Drive. 2. That as recommended by the City Manager, the City enter into an agreement with the Saint John YMNWCA relative to use of the former decorative pool area at Market Slip, the terms of the said agreement to include: (1) the term of the agreement will be 4.5 years commencing May 1, 1994 and terminating September 30, 1998; (2) the rental for this period will be $1.00 per annum; (3) the YMNWCA shall be responsible for all costs of developing the site in a manner required for beach volleyball, and all plans and specifications shall be approved by the Housing and Property Management Department prior to the start of any work; (4) the YMNWCA shall engage the services of an appropriate soils consultant to advise on the necessary work to ensure the necessary integrity of the west end of the site, should the area be expanded, and a copy of this report shall be provided to the City and all recommendations of the consultants shall be implemented; (5) the YMNWCA shall bear the responsibility and shall pay all the costs of operation including maintenance and repair of all structures, appurtenances, fixtures, equipment and other improvements and shall perform the same to the satisfaction of the City; (6) the area shall be used exclusively for beach volleyball, unless otherwise agreed to by the City; and further the parties shall co-operate in the development of a schedule which will permit the use of the area from time to time by other parties for other purposes; (7) the YMNWCA shall annually provide proof of liability insurance saving the City harmless from any action which may arise from the use of the area; (8) the agreement is not assignable; (9) the venture will be operated on a non-profit basis; and (10) should the City decide to make the site available for the Marco Polo project, the agreement may be terminated by the City with 90 days written notice at no cost or liability to the City. 3. That as recommended by the City Manager, (1) Common Council resolution of March 4, 1991 concerning the purchase from Canadian Pacific Limited of the CPR Spur be rescinded; and (2) the City acquire from Canadian Pacific Limited the portion of the former CPR Spur lying between the western boundary of the Saint John Transit property and the eastern line of the Emco property, having an area of about 36,000 square feet, for the price of $12,240, plus surveying costs. 4. That as recommended by the Nominating Committee, the following persons be appointed the Environment Committee for a three-year term: Dr. Richard E. Scott, Douglas Justason, Norman McFarlane, Sterling Brown, Anna Boyle, Dr. Evan Pugh, Faith (Hughes) Kashetsky, Clifford Wadman, Gay Wittrien and Councillor Pat Landers. 5. That as recommended by the Nominating Committee, David Huestis and Cathy LeBouthillier be appointed to the Region 2 Hospital Corporation for a three-year term and one-year term, respectively. May 30, 1994, Saint John, N. B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 32(1). Offer Of Property Foster Thurston Drive On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 32(2). Market Slip Beach Volleyball On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. 84-689 COMMON COUNCIL MAY 30,1994 Councillors Landers and Knibb spoke in opposition to the above motion because of the term of the agreement on the basis that The Marco Polo Project group has been before Council in the past and Council has given it some indication that, in the future if the other two levels of government are in agreement, the City may be able to do something with that project; therefore, to commit the Market Slip area for a 4 to 5 year period, even with the stipulation that it can be cancelled, is unfair to the YMNWCA, as it is to give notice to The Marco Polo Project that the City is not committed enough in that it can take this action; and that the Beach Volleyball should proceed on a year-to-year agreement. Question being taken, the motion was carried with Councillors Knibb and Landers voting "nay". 32(3). CPR Spur Fairville Boulevard & ThrouQhway On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 32(4). Environment Committee Appointments On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 32(5). ReQion 2 Hospital Corporation Appointments On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 33. Street VestinQ 580 University Avenue On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo- reduced subdivision plan of 580 University Avenue that would vest a 1752-square metre (18,859-square foot) parcel of land into the Sandy Point Road street right-of-way. Question being taken, the motion was carried. 34. Blanchard Homes (1983) Limited Cedar Point Estates Subdivision On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the submitted photo-reduced subdivision plan of approximately forty-six residential lots with the proposed public streets, as well 84-690 COMMON COUNCIL MAY 30,1994 as to any required municipal services and utility easements with regard to Cedar Point Estates; (2) authorize the preparation and execution of one or more City/Developer subdivision agreements to ensure the provision of the required work, including drainage and site plans for the proposed development; (3) assent to the proposed exchange of the existing approximate 5157 -square metre (55,511-square foot) land for public purposes for an equal area within the proposed land for public purposes, on the condition that: (a) a 6-metre (20-foot) wide developed pedestrian walkway is provided within the vicinity of the existing land for public purposes parcel, as well as between proposed Lots 22-B and 23-B; and (b) a drainage course be developed and an easement provided to the specifications of the Engineering Department prior to subdivision approval within the existing land for public purposes area; (4) assent to the proposed approximate 10200-square metre (2.5-acre) land for public purposes at the end of Rivershore Drive extension; and (5) authorize the cost-sharing for the development of a sewage lift station within the proposed land for public purposes area, on the condition that the sewage lift station is conveyed to the City as a separate parcel of land and not as land for public purposes. Question being taken, the motion was carried. 35. Hughes Surveys and Consultants Limited Donald & Carol Galbraith Subdivision 145 Norris Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) not assent to the proposed five-lot subdivision at 145 Norris Road, but instead assent to a revised plan for only three unserviced lots for the same subject area, as well as to any required municipal services or utility easements; (2) accept a cash-in-lieu dedication for the required land for public purposes of the revised three-lot subdivision; and (3) authorize the preparation and execution of a City/developer subdivision agreement to ensure the provision of the required work. Question being taken, the motion was carried. 36. Board of Trustees City of Saint John Pension Plan - Bruce Davis Retirement On motion of Councillor Trites Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Bruce Davis, an employee of the Fire 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. 37. Board of Trustees City of Saint John Pension Plan - James Keith Retirement On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of James Keith, an employee of the Fire 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. 38{a) & (b) Letters Re Adult Video Stores 84-691 COMMON COUNCIL MAY 30,1994 On motion of Deputy Mayor McAlary Seconded by Councillor Trites RESOLVED that (a) the form letters from those persons named on the submitted list, as well as the letters from Shirley and Brian Gamble, Msgr. George W. Martin and M. Patricia Donihee, urging Council to develop and implement a by-law that would control the number and location of adult video stores; and (b) the letters from Allan Kincade and Ian A. Cameron in this regard -- be received and filed. Question being taken, the motion was carried. 39. Stuart Jamieson. MLA - Clover Valley Road On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mr. Stuart Jamieson, MLA - Saint John Fundy, expressing appreciation for the lighting put in place at Ben Lomond corner and for continuing the bus service to the Loch Lomond area; and reminding Council of the agreement regarding the upgrading and chipsealing of Clover Valley Road in that the Provincial District Engineer has indicated that the Province cannot chipseal the City portion of this Road until the City proceeds to ditch and gravel with pit run and crushed gravel -- be referred to the City Manager. Question being taken, the motion was carried. 40. Anna Marie Hutton - By-Law For Cats On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Anna Marie Hutton referring to an article in the local newspaper regarding a proposed "dog dirt" by-law on the basis that dogs are constantly under attack by the dog catcher and must be licensed; and advising that, when considering a by-law of this nature, she would hope that provision would be made to include the ever-increasing and constantly roaming cat population in the City -- be referred to the City Manager. Question being taken, the motion was carried. 41. Brookville Manufacturing Company May 12 Presentations On Proposed Pits and Quarries AQQreQate Resource StrateQY On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from L.A. Johnson, General Manager of Brookville Manufacturing Company advising that, having attended the May 12 public meeting on the proposed Pits and Quarries Aggregate Resource Strategy, he feels compelled to set the record straight, particularly with regard to the presentation of the River Road Concerned Citizens Committee; and commenting point-by-point in this regard -- be received and filed and referred to the City Manager and a copy be forwarded to Mr. D. Bowen of the River Road Concerned Citizens Committee. Question being taken, the motion was carried. 42. Doreen Clark - HousinQ Development On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the letter from Doreen 84-692 COMMON COUNCIL MAY 30,1994 Clark commenting on the experience of her father, Frank Richard, who has built several houses in the City over the last 30 years or so and is in the position to build more, in dealing with the bureaucracy that is in place at City Hall; as well as on the submitted copy of a recent article from the May 17, 1994 edition of the Evening Times Globe newspaper with regard to comments made by Councillor Rogers at the May 16 Council meeting about her experience in developing a building lot in the City -- be referred to the City Manager for follow-up. Question being taken, the motion was carried. 43. Royal Life Saving Society Canada LifeQuard Supervision Reduction On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the Royal Life Saving Society Canada expressing concern on the City's decision to cut lifeguard supervision at Lakewood Reservoir and Dominion Park beaches this summer -- be received and filed. Question being taken, the motion was carried. 44. Eric L. Teed - Asian Student Market On motion of Deputy Mayor McAlary Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Eric L. Teed submitting a copy of an article respecting Canada's failure to tap the Asian student market; and suggesting that Council institute action to see what steps can be taken to develop a greater attendance by foreign students to the UNB-Saint John campus, thereby encouraging the Saint John economy -- be received and filed and a copy be forwarded to the Board of Governors of UNBSJ and to the Greater Saint John Economic Development Commission (Enterprise Saint John). Question being taken, the motion was carried. 45. Run For Women - KinQ's Square On motion of Councillor Trites Seconded by Councillor M. Vincent RESOLVED that the letter from the Royal Lepage Run For Women requesting permission, as extremely poor weather forced postponement of the celebration on May 25, to hold the Run for Women Kick- Off in King's Square the week of May 30 -- be received and filed and permission be granted. Question being taken, the motion was carried. 46. Edith Avenue United Baptist Church Senior Group - Walkway at ReQional Hospital On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the petition from the senior citizens of the Edith Avenue United Baptist Church Senior Group requesting that a walkway be built from the Saint John Regional Hospital to the parking lot -- be referred to the Region 2 Hospital Corporation. Question being taken, the motion was carried. 84-693 COMMON COUNCIL MAY 30,1994 48. Ralph Landers - Old GeneralNeterans' Hospitals On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Ralph Landers advising that, although he agrees that there is a need for action to be taken on the Old General Hospital and the old Veterans' Hospital, he is concerned about how and when these buildings are demolished in that past research has proven to him that these buildings have a considerable amount of asbestos in them and, if anyone attempts to demolish either of these buildings without first following the regulations in "The Code of Practice for Working with Materials Containing Asbestos in New Brunswick", the health and lives of all workmen and citizens anywhere near these buildings could be placed in jeopardy -- be referred to the City Manager. Question being taken, the motion was carried. 49. John E. Schermerhorn - Resignation Saint John Harbour BridQe Authority On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that the letter from Mr. John E. Schermerhorn tendering his resignation from the Saint John Harbour Bridge Authority as, on June 1, 1994, he will no longer be a resident of Saint John; and emphasizing the need for a toll increase in the near future, if the Commission is to properly maintain the Bridge in a responsible manner -- be received and filed and referred to the Nominating Committee, and Mr. Schermerhorn be thanked for his service to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor McAlary RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk