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1994-06-27_Minutes 84-717 COMMON COUNCIL JUNE 27,1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of June, AD. 1994, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, 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; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; B. Steeves, Deputy Building Inspector; J. Baird, Manager - Development Division, Planning; G. Tait, Fire Chief; B. Fillmore, Assistant Deputy Chief of Police; D. Ward, Police Department; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Deputy Mayor McAlary called the meeting to order, and Reverend Tim Davidson of Harvest Christian Fellowship (United Baptist) offered the opening prayer. 2. Approval of Minutes On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that minutes of the meeting of Common Council, held on June 13, 1994, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Deputy Mayor McAlary expressed appreciation to J.D. Irving Ltd. for its donation of trees and landscaping work along the Throughway; and commented on the activities to be held in the City on July 1, Canada Day, as well as on the events to be held during the Loyalist City Festival, July 10 to 16. Councillor Knibb advised that Mayor Higgins will carry on the tradition of hosting tea receptions at Loyalist House and has asked him to host the first tea on Tuesday, July 5, and noted that the Loyalist House is in need of exterior renovations. Councillor Landers expressed condolences on the death of Mrs. Eva H. Hanson on June 24, noting that Mrs. Hanson is the mother-in-law of Mr. J. C. MacKinnon, Commissioner of Environment and Infrastructure Services. Motion of Condolence On motion of Councillor Landers Seconded by Councillor A Vincent RESOLVED that the Common Council of the City of Saint John extend condolences to the family of the late Mrs. Eva H. Hanson. Question being taken, the motion was carried. 84-718 COMMON COUNCIL JUNE 27,1994 * Added Items On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that a report from the City Manager on training for the Hazardous Materials Team (copies of which were distributed to Council members at this meeting), and a copy of a newspaper article on Saint John (copies of which were forwarded to Council members as an information item), be added to the agenda as items 6B and 6C, respectively. Question being taken, the motion was carried. Councillor Landers advised her intent to submit her letter of resignation from Common Council to Common Clerk Mary Munford on this date following this meeting of Council, having been honoured by the Federal Government with a position in which to serve the citizens in a different capacity; and expressed appreciation to the Mayor and her fellow Councillors and the citizens of Saint John. Deputy Mayor McAlary presented a bouquet of flowers to Councillor Landers on behalf of Council. Councillor Rogers rose on a point of personal privilege in that, earlier this date, The Honourable Judge Barry appeared in reference to the water agreements and her desire to have the information that the City Solicitor received at 3:40 p.m. on this date dealing with the water agreements which the City of Saint John will be entering into; and asked that, in order to have time to focus her questions, a copy of this letter be given to the members of Council seven days prior to the next open session. Deputy Mayor McAlary corrected Councillor Rogers comments to the effect that the correspondence was referenced in Legal Session, not in Committee of the Whole, and asked Mr. Rodgers to comment on this matter. Mr. Rodgers advised that, as he was leaving his office earlier this date to attend the Council meeting, he received a letter addressed to him from legal counsel on a matter that Council is presently discussing in Legal Session, and that he did not read the letter but asked his secretary to put it away until the morning, and that this letter has not been examined; and asked Council to be reasonable and to consider the fact that he at least be given the opportunity to read this letter to determine if it contains any substance or substantial matters which he believes should be considered in that he cannot comment on whether or not it contains matters that have been taken care of, and that until he does that he is not even aware of where the letter is going to go from the point of view that it is addressed to him. Mr. Rodgers assured Council that, if he believes that this letter contains information, facts and suggestions in the interest of the City, Council will be notified at the next duly-constituted Council meeting, which he assumes will be two weeks from now; made the observation that this is very unusual as this is a Legal Session matter; and cautioned Council to proceed as it normally would proceed and not depart from what in the past has been, he believes, a sound way to proceed from the point of view of receiving advice on matters like this from the City Solicitor. Councillor A. Vincent rose on a point of privilege on the basis that it has been brought to his attention that the City Solicitor has a letter and, as he is a part of the Council and although he left the Legal Session and while the City Solicitor has indicated that he has not read the letter, he is entitled to know what is in the letter and wants a copy of it. Upon Deputy Mayor McAlary's observation that there was no motion on the floor, Councillor Knibb proposed that Council uphold the decision of the City Solicitor at this time. Councillor Rogers re-iterated her motion proposed above that Council members be given a copy of the letter in question. On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that Council be provided a copy of the above-mentioned letter. Question being taken, the motion was lost with Deputy Mayor McAlary 84-719 COMMON COUNCIL JUNE 27,1994 and Councillors Chase, Coughlan, Gould, Knibb, Landers and M. Vincent voting "nay". 6. Request For Ad Placement - Thistle- St. Andrews CurlinQ Club Souvenir ProQram Read a letter from Mayor Higgins submitting a request from Thistle-St. Andrews Curling Club for the City to place advertising in its souvenir program for the Canadian Senior Men's and Women's Curling Championships, January 21-29, 1995. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the City place a one- third page ad in the Thistle-St. Andrews Curling Club's Canadian Senior Men's and Women's Curling Championships Tournament Program, at a cost of $225. Question being taken, the motion was carried. 6A. Proposal For Police Headquarters Consideration was given to a letter from Councillor A. Vincent asking why the City is allowing Maxim Construction to spend money to prepare a proposal to the City for Police headquarters knowing that it will have to go to public proposal or tender; and asking the City Manager to confirm that he has not given any firm commitment, in writing or otherwise, to this Company. Councillor A. Vincent asked that the Common Clerk read the above letter whereupon Deputy Mayor McAlary made the observation that the Common Clerk read the item as she always does, and asked Councillor A. Vincent if he would like to speak on his item. Councillor A. Vincent indicated that he did not wish to speak on his letter until it was read by the Common Clerk, and Deputy Mayor McAlary called for a motion to receive and file the above letter. (Councillor Coughlan withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above letter from Councillor A. Vincent be received and filed. (Councillor Coughlan re-entered the meeting.) In response to Councillor A. Vincent's query on the effect the above- mentioned Maxim proposal could have on the Departments of Justice and Supply and Services' commitment relevant to a new justice facility and why the City did not call a public tender on the Old General Hospital, and Councillor Gould's questions with regard to the future use of space in City Hall if the Police Department is relocated to a new police station, Mr. Totten commented on the matter from the point of view of Maxim's approach to Council with an unsolicited proposal for the Old General Hospital involving a new Police facility and Maxim's option with the current owners of the subject property for a period of time during which it would attempt to put together a deal which might be of interest to both the Provincial Government and the City of Saint John, noting the conceptual drawing in the application of Maxim Management Services Inc. under item 38 on the agenda of this meeting of a proposed police headquarters and Provincial building; and made the observation that, while there has been some discussion on court space within the latter building, at that point in time it was not considered a justice complex with respect to all Provincial and Federal Courts. Mr. Totten noted that Maxim indicated that the project would go through only if the City and the Province were both prepared to go in this direction, and that Council agreed to go another step and gave staff the authority to have discussions with respect to the size, contents and cost of such a facility, and that Council has not committed one dollar to the project, nor has it made a commitment to the developers and, although there will come a time when Council is asked whether or not to proceed, this stage has not yet been reached. Mr. Totten also commented on the matter of the City Hall building on the basis that negotiations are continuing with Revenue Properties, recognizing full well that the City's 84-720 COMMON COUNCIL JUNE 27,1994 position with the landlord in the City Hall building is very much dependent on where the City goes with the proposal in question, which in turn is very much dependent on the direction the Province takes. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". *6B. TraininQ, Hazardous Materials Team Consideration was given to a report from the City Manager advising that Environmental Accident Protection Inc. or Petrolia Ontario has offered to assist the City of Saint John in its training for Hazmat Team members by sending its team instructors to the City's facility in Millidgeville for a five-day period beginning July 11 to train 20 personnel to the level of National Fire Protection Association (N.F.P.A.) 472 and has agreed to provide the required training at a cost of $16,500, any and all other expenses being all inclusive, and that it is essential that this specialized training be purchased due to the fact that the Saint John Fire Department does not have the recognition as a certified training institute or school; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council approve the expenditure of $16,500 for the purchase of training from Environmental Accident Protection Inc. Question being taken, the motion was carried. (Councillor Chase withdrew from the meeting.) 4. Saint John Transit Commission Messrs. Raymond Gorman, Chairman; Frank McCarey, General Manager; and Wayne Thorne, Comptroller and Office Manager, of the Saint John Transit Commission were present at the meeting, and Mr. Gorman addressed Council about the significant changes on many of the routes and schedules and the introduction of new services to some areas of Saint John, to take place on July 3, 1994, and on the new service design that, for many parts of the City, will provide for better connections, decreased travel time and improved frequency and, in addition, extended evening service in certain areas. (Councillor M. Vincent withdrew from the meeting.) Mr. McCarey, through a slide presentation, highlighted the route changes and the anticipated effect as set out in the previously-submitted brief, and the reason for the changes, taking into consideration the needs of the riders, the fact that there has been no changes for many years, significant changes in traffic patterns, declines in ridership, and a decision to, rather than cut service, try to reverse the loss. Mr. McCarey referenced the sample, which was submitted to Council as part of the Commission's brief, of the Transit Commission's routes and schedules which will appear in the yellow pages of the NB Telephone Directory due out around the first of August, and responded to Council queries with respect to the changes in the routes and schedules. (Councillors Chase and M. Vincent re-entered the meeting during the above presentation.) Deputy Mayor McAlary thanked the Commission for its presentation. 5. Animal Rescue LeaQue Ltd. - ChanQe In Service Pauline Flewelling, President of the Animal Rescue League, addressed Council and, having noted the ongoing meetings with the City mainly on the dog issue 84-721 COMMON COUNCIL JUNE 27,1994 and pound service to the City of Saint John and the subject of trying to arrange a contract between the two parties, advised that the purpose of this presentation was to speak on the subject of stray cats in the City. Ms. Flewelling referred to the cost analysis in the League's previously-submitted brief for the five-month period of January 1 to May 31, 1994 relevant to stray cats and dogs, and the necessity for the Board to set down a mandate, effective June 20, that the League would no longer be picking up stray cats in the City of Saint John and would not accept them without payment due to the poor financial condition of the League; and explained that the cost related to stray cats is growing and there is no revenue to offset these costs as there is no requirement to license or tag cats, as there is for dogs under the Dog By-Law; therefore, many of the stray cats received cannot be returned to the owners. Ms. Flewelling also explained that stray cats are a more serious threat to citizens of Saint John than are stray dogs, especially when the numbers are allowed to mount to the levels currently being reached, due to disease, the danger of stray cats attacking persons, and the general nuisance to the quality of life when they wreck havoc on homes and gardens, tear trash along City streets, and spray and howl at nights; and asked Council to adopt an animal by-law in the City of Saint John. During discussion Ms. Flewelling advised that the League has already dealt with Brian Shanks of the City with respect to the draft by-law, a copy of which was included in the previously-submitted brief, and clarified that the League's main concern is to get licensing in effect so that cats can be tagged and identified so that the owners can be located thus giving the League some leverage to increase its revenue, although no leash law is being requested for cats; and she suggested that the City could assist the League by advertising in the newspaper that dog licenses are to be purchased yearly. Mr. Totten suggested that it is important for Council to realize that there are two issues involved, one being the issue of a contract between the City and the League on which discussion has been ongoing, the other relevant to the reference in the League's brief to a business analysis on which he is not quite clear, although it is his understanding that financial staff from the City will be looking at the League's operation; and advised that it has always been his intent for City staff to work closely with the Animal Rescue League and City staff does have an active role with respect to ongoing discussions with the League on all these issues. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the presentation of the Animal Rescue League with respect to the issue of stray cats be referred to the City Manager for a report to Council in one month on the matter of a new by-law. Question being taken, the motion was carried. *6C. Article On Saint John On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the copy of the article from the Travel section of the June 4, 1994 edition of the Winnipeg Free Press newspaper concerning the City of Saint John -- be received and filed. Question being taken, the motion was carried. 7. Tender For Contract 94-7 - Asphaltic Concrete Street ResurfacinQ - 1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 94-7, asphaltic concrete street resurfacing - 1994, be awarded to Classic Construction Ltd., at the bid price of $889,900, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 84-722 COMMON COUNCIL JUNE 27,1994 Question being taken, the motion was carried. 8. Tender For Overhead Doors On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Atlantic Windoor Ltd., in the amount of $12,988 (all taxes included), be accepted for the supply and installation of replacement overhead doors at the Rothesay Avenue complex and the Stu Hurley Arena. Question being taken, the motion was carried. 9. Tender For Paid-Up Life Insurance On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Canada Life Assurance Co., in the amount of $49,527.12, be accepted for the purchase of 32 paid-up life insurance policies, each with a value of $5,000, for employees who have retired during the year. Councillor A. Vincent asked if the annual death premium pay-out has ever been more than the yearly insurance premium, and if the City has ever considered insuring itself through letters of credit collectable upon receipt of a death certificate, to which Mr. Wilson replied that he does not recall having seen statistics on what the annual pay-out by insurance companies is and, while at some point there would probably be an equilibrium in that there would be as many people retiring as there would be persons passing away, he would think that perhaps at this point there would still be more people retiring in the run of a year than there would be passing away; and added that, up until a few years ago, the City was, in fact, buying policies for people on an occurrence basis, but the unions have insisted that the employees be given a policy when they leave as required by the working agreements, the latter which Councillor A. Vincent suggested could be an issue of negotiation. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 10. Tender For StumpaQe Sale On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of J.D. Irving Limited be accepted, as per the unit prices indicated in the submitted bid summary, for the construction of a roadway and the harvesting of various wood products. Question being taken, the motion was carried. 11 (a). Tender For Six Trucks - Works & Parks Departments Consideration was given to a report from the City Manager explaining why, of the three companies which responded to the tender for six trucks for the Works and Parks Departments, staff recommends against acceptance of the low tender submitted by Dobson Chrysler Dodge Ltd., and why staff has no grounds on which it can now accept the tender of Brunswick Chrysler Plymouth Ltd.; and recommending award of the tender to Downey Ford Sales Ltd. from which the only bid was received which meets the tender requirements. On motion of Councillor Knibb Seconded by Councillor Chase 84-723 COMMON COUNCIL JUNE 27,1994 RESOLVED that as recommended by the City Manager, the tender of Downey Ford Sales Ltd., in the amount of $39,897 each (plus taxes), be accepted for the supply of six one-tonne, 4 x 4 cab and chassis trucks c/w dump box and plows for the Works and Parks Departments. (Councillor Landers withdrew from the meeting.) Question being taken, the motion was carried. 11 (b). Brunswick Chrysler Plymouth Ltd. Request To Withdraw Tender On Trucks Consideration was given to a letter from Brunswick Chrysler Plymouth Ltd. advising that it cannot supply the chassis cabs for the 1994 model year as tendered on tender #94-044; and requesting that its tender be cancelled and its bid deposit be returned. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Brunswick Chrysler Plymouth Ltd. be allowed to withdraw its tender on tender #94-044 for 6 cab and chassis 4 x 4s as requested, and its bid deposit be returned. Question being taken, the motion was carried. 12. ActinQ City ManaQer Read a letter from the City Manager advising that he is scheduled to be absent from work between July 4 and July 17 and, as there is a regularly-scheduled meeting of Council on July 11, it is now necessary for Council to adopt the submitted resolution. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the Assistant City Manager, Municipal Operations, Mr. Charles Robichaud, be appointed Acting City Manager for the period of July 4 to July 17, 1994, inclusive. Question being taken, the motion was carried. 13. Saint John Salvage Corps and Fire Police Issuance of Warrants For New Members On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, warrants be issued for Brian Malcolm Rogers, Gordon Roland Lewis and Michael Charles Gray for membership in the Saint John Salvage Corps and Fire Police. (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. 14. Imperial Theatre ParkinQ For Disabled On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the report from the City Manager advising that, further to Council's referral on June 13 of the issue of parking for the disabled near the Imperial Theatre, staff has concluded that a designated space 84-724 COMMON COUNCIL JUNE 27,1994 for disabled parking is required and will proceed with the installation west of the Theatre on the same side of the street, and the meter and signage changes can be handled within existing budgets -- be received and filed. Question being taken, the motion was carried. 15. Wheelchair Ramp - 32-36 Charles Street Read a report from the City Manager advising of a request from Robert A. Micholuk, acting as agent for the owner of a property located at 32-36 Charles Street (NBGIC Number 15149), to erect a wheelchair ramp at the main entrance to the building which will encroach onto the sidewalk for the benefit of a tenant who has been recently confined to a wheelchair; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Chase 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 Jack LeRoy to permit the encroachment of a wheelchair ramp upon the sidewalk at 32-36 Charles Street (NBGIC Number 15149), such easement to terminate when the present tenant vacates the apartment: AND FURTHER that the Legal Department prepare an agreement for execution. Question being taken, the motion was carried. 16. Irving Paper Ltd./EIA Determination/ Process Water Treatment Facility On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager commenting on the difference between Irving Paper Ltd.'s first proposal on November 9, 1992 for a process water treatment facility to be constructed off Midwood Avenue in East Saint John, which was registered as part of the Environment Impact Assessment Regulation 87 - 83, and the re-registration of the project on May 4, 1994 which would see the construction of an aerated lagoon in the area of Midwood Avenue and Hazen Creek; and submitting a copy of a letter from the Minister of the Environment to J.D. Irving Limited indicating that the undertaking could proceed following approval under all other applicable acts and regulations and subject to a number of terms and conditions -- be received and filed. The opportunity for public input in the above matter was questioned to which Mr. Totten replied that, at this point in time, he would envisage that the obligation to hear the public views and to seek input would be on the Irving organization and he does not see the City, and particularly Common Council, taking a role as part of the process. Question being taken, the motion was carried. 17. Proposed Expansion Of Lancaster Mall On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Director of the Land Use Planning Branch, Department of Municipalities, Culture and Housing, be informed that the Common Council of the City 84-725 COMMON COUNCIL JUNE 27,1994 of Saint John supports the proposed 1 0,500-square-foot addition to the Lancaster Mall as permitted by the Municipal Development Plan and the Zoning By-Law. Question being taken, the motion was carried. 18. Section 39 Amendment 189 Waterloo Street Consideration was given to a report from the City Manager referring to the 1986 re-zoning of the Old General Hospital property to an "ID" Integrated Development zone subject to a Section 39 resolution in that the development has not taken place and the buildings have not been maintained, and to the application of Maxim Management Services Inc., which is on the agenda of this meeting under item 38, in that the applicant obtained the consent of the owner to apply for an amendment to the Section 39 conditions to adopt a new proposal which would result in the demolition of the existing buildings and the construction of two new buildings; advising that, if the various parties are not able to come to an agreement as to the terms for the development and occupation of the two buildings, the application will be withdrawn and, if some additional time is required to finalize details, a final decision on the amended zoning conditions can be tabled following a public hearing which would be scheduled for August 8, 1994; and submitting a recommendation for referral of the application to the Planning Advisory Committee and a public hearing date of August 8. 38. Maxim Management Services Inc. Amendment to Section 39 Conditions, 189 Waterloo Street Consideration was given to the above-mentioned application of Maxim Management Services Inc. for an amendment to the Section 39 conditions of re-zoning of 189 Waterloo Street. 18. & 38. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Maxim Management Services Inc. for an amendment of the existing Section 39 conditions of re-zoning for the Old General Hospital site at 189 Waterloo Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 8, 1994. Question being taken, the motion was carried. 19. PlaYQround and Property Rear of WriQht Street On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager advising, in response to Carla Kelly's letter to Council on June 13 that the area in question, which is the Celebration Street playground, was installed in 1992, contains all new equipment and is regularly maintained and inspected to ensure it is safe and clean, and the properties in question at the rear of Wright Street are private backyards and are grown up with wild vegetation; and also advising that staff has made a number of attempts to contact Ms. Kelly to discuss the matter but has not been unsuccessful -- be received and filed and a copy be forwarded to Ms. Kelly. Question being taken, the motion was carried. 20. Doreen Clark - HousinQ Development On motion of Councillor Knibb 84-726 COMMON COUNCIL JUNE 27,1994 Seconded by Councillor Coughlan RESOLVED that the report from the City Manager summarizing, further to the Doreen Clark's letter to Council on May 30, the various applications dealt with by the City for the Richard family in the Milford area, as well as maps illustrating the location of the various properties; and advising that the City of Saint John has facilitated a number of applications for the Richard family, such requests having required variances from the Zoning and Subdivision By-Laws which received favourable support from staff and granted by the Planning Advisory Committee, without which the Richards would not have been permitted to locate these dwellings -- be received and filed and a copy be forwarded to Mrs. Clark. Question being taken, the motion was carried. (Councillor Landers withdrew from the meeting as she was not present for the June 13 public hearings with respect to the proposed Municipal Plan amendment and re-zoning of 661 Dever Road and the proposed re-zoning of 2377 Loch Lomond Road.) 21 (a). Municipal Plan Amendment - 661 Dever Road On motion of Councillor Knibb Seconded by Councillor Coughlan 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 at 661 Dever Road (NBGIC Number 55099170), containing a lot area of approximately 1.1 hectares (2.6 acres), located on the south side of Dever Road between the Lancaster Arena and the St. Rose Parish senior citizens' apartment complex, save and except an approximately 5.2-metre (17 -foot) wide portion of the site located adjacent to the Lancaster Arena property and containing an area of approximately 500 square metres (5,400 square feet), from Open Space to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 21 (b). ZoninQ By-Law Amendment - 661 Dever Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-344 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 661 Dever Road (NBGIC Number 55099170), containing a lot area of approximately 1.1 hectares (2.6 acres), located on the south side of Dever Road between the Lancaster Arena and the St. Rose Parish senior citizens' apartment complex, save and except an approximately 5.2-metre (17 -foot) wide portion of the site located adjacent to the Lancaster Arena property and containing an area of approximately 500 square metres (5,400 square feet), from "P" Park to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to the following conditions:- (a) the use of the property is limited to the applicant's proposal for medical/professional offices and related activities; (b) all parking areas, loading areas, aisles, manoeuvring areas and driveways shall be paved with asphalt and, where deemed necessary by the Development Officer, enclosed by poured-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided and must meet the requirements of the Engineering Department, and a drainage plan is required; (d) access to the property shall be generally as shown on the submitted site plan, the exact location of the driveway entrance is subject to the approval of the Engineering 84-727 COMMON COUNCIL JUNE 27,1994 Department, and the existing concrete curb, sidewalk and median landscaping shall be reinstated with dropped curb, sidewalk and grass to match existing conditions where disturbed by the construction of the proposed driveway; (e) all disturbed areas of the site which are not occupied by buildings, driveways, walkways and parking or loading areas shall be landscaped, and the landscaping shall include a hedge or similar planting strip along the east side lot line (abutting the senior citizens' apartments), as required by the Zoning By-law; (f) the site must be developed in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, landscaped areas and other site features, including those listed above, and no building permit will be endorsed by the Development Officer (except site preparation and foundation) until the site plan is approved, such site plan to be attached to the building permit for the development; and (g) during construction and all times thereafter, the site shall be accessed directly from Dever Road and not from the Arena property. The by-law entitled, "By-Law Number C.P. 100-344 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 22. ZoninQ By-Law Amendment 2377 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "C.P. 100-345 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning of a parcel of land at 2377 Loch Lomond Road (NBGIC Number 326884), having an approximate area of 30 acres situated at the end of Gibbon Avenue, from "RS-1" One- and Two-Family Suburban Residential to "RR" One- Family Rural Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "C.P. 100-345 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 23. 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 June 13, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Knibb, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by The Saint John Jeux Canada Games Foundation Inc., Messrs. James Morrell of Fredericton and Kenneth Cox of Saint John be reappointed to the Board of Governors of the Foundation for the term ending December 31, 1996, or until their successors are appointed. 2. That as recommended by the City Manager, (1) Mr. H. Burton Steeves be appointed Building Inspector for a temporary period ending October 31, 1994; (2) Mr. David G. M. Crawford be appointed Deputy Building Inspector of a temporary period ending October 31, 1994; and (3) an amendment to the Building By-Law to appoint the Commissioner of Development Services as third person authorized to approve building permits be advertised and referred to the Planning Advisory 84-728 COMMON COUNCIL JUNE 27,1994 Committee. 3. That as recommended by the City Manager, the lots at 177-179 Canterbury Street be sold to David Craig under the following terms and conditions:- (1) the sale price to be $3,200 plus normal adjustments; (2) transfer of title to take place within 60 days of approval of the sale by Council, and failure of the purchaser to complete the transaction will result in the forfeiture of his deposit of $160; and (3) appropriate provision be made to permit the Power Commission lines serving the properties at 262 and 264 Prince William Street to remain until construction occurs on the lot. 4. That as recommended by the City Manager, the lot at 4 York Street be sold to Craig McLean and Clare Manzer on the following terms and conditions:- (1) the sale price to be $16,000; (2) the sale to close on or before July 15, 1994; and (3) the City retain an option to repurchase the lot if it is not developed within one year of transfer of title. 5. That Council approve the following appointments as recommended by the Nominating Committee: (1) GREATER SAINT JOHN ECONOMIC DEVELOPMENT COMMISSION - Three-year term: Neil McKelvey, Charles LeBlond, Paul Allingham, Walter Flewelling, John Gardner, and Kim Hunter; Saint John Board of Trade nominees: Harry Gaunce, David Barry, Q.C., Herb Duncan, and Richard Oland; N.B. Tel nominee: Harry Mercer; Irving Group nominee: Larry Armstrong; (2) SAINT JOHN HARBOUR BRIDGE AUTHORITY - James Orr, for a term to expire December 31, 1994, replacing John Schermerhorn who has resigned; (3) AQUATIC CENTRE COMMISSION - Brian Mosher be re-appointed to a term of three years; and (4) PRESERVATION REVIEW BOARD - that as requested by the Board, the terms of Pam Innes and Ernest Wedge be extended to December 31, 1994. 6. That as recommended by the City Manager, Common Council fully support the efforts of the Organizing Committee from Centre Scolaire Communautaire Samuel-de-Champlain in its efforts to bring the 1996 Acadian Summer Games to Saint John; the City of Saint John agree to be the municipal sponsor requiring a financial contribution of $34,000 to be funded equally in 1995 and 1996; and further that staff of the City of Saint John be encouraged to work with the Organizing Committee and to take the necessary steps to bring the Games to Saint John. June 27, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 23(1). Saint John Jeux Canada Games Foundation Inc. - Reappointments On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 23(2). Building Inspector and Deputy Building Inspector Positions Amendment To BuildinQ By-Law On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 84-729 COMMON COUNCIL JUNE 27,1994 23(3). Sale of 177-179 Canterbury Street On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 23(4). Sale of 4 York Street On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. (Rescinded July 25, 1994 Bk. 84 Pg. 764 ) Question being taken, the motion was carried. 23(5). NominatinQ Committee Recommendations On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. Councillor A. Vincent proposed a motion to nominate Mr. Owen Boyle to the Harbour Bridge Authority, whereupon Deputy Mayor McAlary noted the motion on the floor on the basis that she could not accept another motion until the question has been taken on it. Councillor A. Vincent suggested that Council members are always asked if they have any other nominations, to which Deputy Mayor McAlary replied that nominations are not asked for in open session of Council. (Councillor Landers re-entered the meeting.) Councillor Knibb seconded Councillor A. Vincent's motion to nominate Owen Boyle, and suggested that Council should deal with each of the above nominations to the various committees separately rather than in one motion, starting with the Greater Saint John Economic Development Commission. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that part (2) of section 5 of the above report be laid on the table. Question being taken, the tabling motion was carried with Councillors Coughlan, Gould and Landers voting "nay". Councillor Gould suggested that the motion to adopt section 5 of the above report could have been amended to approve it except for part (2), and asked how long the matter is to be tabled. Councillor M. Vincent advised that he did not specify the time for the tabling motion in that he was trying to avoid any embarrassment to those concerned. Question being taken, the motion to adopt parts (1), (3) and (4) of section 5 of the above report was carried. 84-730 COMMON COUNCIL JUNE 27,1994 On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the matter of appointments to the Harbour Bridge Authority be referred to the Nominating Committee. Question being taken, the referral motion was carried. 23(6). 1996 Acadian Games On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 24. Subdivision - 460 Grandview Avenue On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced plan of Lot 94-1, as well as to any required municipal services or utility easements with regard to 460 Grandview Avenue; (2) authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required work; and (3) accept cash-in-lieu for the required dedication of land for public purposes. Question being taken, the motion was carried. 25. Subdivision - 2377 Loch Lomond Road Consideration was given to a report from the Planning Advisory Committee submitting recommendations, if and when third reading of the proposed re- zoning is given, with respect to a proposed subdivision at 2377 Loch Lomond Road, Council having given third reading to the re-zoning of this property earlier in the meeting. 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 proposed subdivision of six unserviced residential lots and the extension of Gibbon Avenue, as well as to any required services and utility easements with regard to 2377 Loch Lomond Road; (2) authorize the preparation and execution of one or more subdivision agreements to ensure the provision of the required work, including draining and site plans for the approval of the Engineering Department; (3) only assent to the proposed linear land for public purposes dedication of approximately 9874 square metres (2.44 acres) along the existing stream, as well as Parcel "A" that is approximately 6070 square metres (1.5 acres) adjacent to the stream for the required land for public purposes dedication; and (4) not assent to the requested exchange for the existing land for public purposes dedication identified as Lot 19 on Gibbon Avenue. Question being taken, the motion was carried. 26. Subdivision - 145 Norris Road On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by 84-731 COMMON COUNCIL JUNE 27,1994 the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced plan of Lots 94-4 and 94-5, as well as to any required municipal services or utility easements with regard to 145 Norris Road; (2) accept a cash-in-lieu dedication for the required land for public purposes for the proposed subdivision; and (3) authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required work. Question being taken, the motion was carried. 27. John E. Garnett Retirement 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 John E. Garnett, an employee of the Police Department, in accordance with section 9(1) of the former 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. 28. Francis H. Price Retirement On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Francis H. Price, an employee of the Parks Department, in accordance with section 9(1) of the former 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. 29. Central PrintinQ - Request For Ad Placement On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Central Printing offering the opportunity for Council to place a welcome letter on the opening page of its Saint John Tourist and Guest Coupon booklet -- be referred to the City Manager. Question being taken, the motion was carried. 30. Letters re Adult Video Stores On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the form letters from (a) Art Sullivan, Sheila A. Sullivan and Beverly Weir requesting Council to develop and implement a by-law that would control the number and location of adult video stores; and (b) the letter from The Boys & Girls Club of Saint John Inc. addressing the issue of adult stores in close proximity to the Club and the negative effect and influence the location of such a store has on the young children, and requesting that Council continue its deliberations on such a store's location -- be received and filed. Question being taken, the motion was carried. 31. Richard Frawley - Upper ManaQement SpendinQ Limits On motion of Councillor Knibb 84-732 COMMON COUNCIL JUNE 27,1994 Seconded by Councillor Coughlan RESOLVED that the letter from Richard Frawley questioning the spending limits of upper management within City Hall - - be referred to the City Manager. Question being taken, the motion was carried. 32. Municipal Golf 2000 re Rockwood Golf Course On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Cyril Oram, Chairman of the newly-formed committee - Municipal Golf 2000, commenting on the concerns about the possible effects of privatization of the Golf Course; and requesting the details of the Course's income and operating costs from golf for the past three years, a copy of the tender call for private operations, and a copies of responses to the tender call, and also that Common Council refrain from final action on the tenders submitted until the committee has had a chance to review the information it is seeking -- be referred to the City Manager for a report. The initial motion proposed by Councillor Knibb and seconded by Councillor A. Vincent was to receive and file the above letter, such motion subsequently withdrawn in view of Councillor Coughlan's suggestion that the above group should be given some opportunity to dialogue with the City Manager and/or his designate relative to what can be released publicly. (Councillors Knibb and Landers withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 33. Arthur W. Edgett - Property AdjoininQ 102 Queen Street On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from Arthur W. Edgett advising that, having received a letter from the Building Inspector's Department giving him a two-week period in which to have his property on St. Andrews Street cleaned up, he complied with the request and that, as the same letter made mention about the condition of the property adjoining and to the western side of 102 Queen Street, he immediately met with the staff of the Building Inspector's Department to point out the discrepancy as he is not nor has ever been the owner of this parcel of land; however, to date nothing has been done about the condition of it; and expressing the opinion that something should be done and pressure brought to bear on the owner of this vacant lot to have the property cleaned up -- be referred to the City Manager. (Councillor Knibb re-entered the meeting.) Councillor A. Vincent suggested that the above matter should be referred to the Legal Department which does the title searches on property. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 34. Cynthia J. OUQh - Tender For City Beaches On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Cynthia J. Ough expressing concern with the tender for the Saint John City beaches, and explaining why she feels that the way the YM-YWCA chose the lifeguards was 84-733 COMMON COUNCIL JUNE 27,1994 unfair -- be referred to the City Manager. (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. 35. The North End Improvement Corp. Inc. - Reputation Of North End On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the members of The North End Improvement Corp. Inc. advising that they are having difficulty in renting their senior and family housing units in the area bounded by Metcalf, Albert, Main and Holly Streets because of the increasing bad reputation of the North End; and asking that more police attention be given to this matter -- be referred to the Saint John Board of Police Commissioners, and that Council request a report on the North End Community Policing project. Question being taken, the motion was carried. 36. Jean Muir - Old General Hospital BuildinQ On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Jean Muir making a few suggestions to resolve the Old Saint John General Hospital problem -- be received and filed and Mrs. Muir be thanked for her letter. Question being taken, the motion was carried. 37. Michael Moore - GarbaQe In Downtown Core On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Michael Moore suggesting ways to control garbage in the downtown core of the City -- be referred to the City Manager. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. 39. The Kiwanis Club of Lancaster Inc. Support of Marco Polo II Project On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Kiwanis Club of Lancaster Inc. in support of the Marco Polo II Project, requesting Council to add its government support for this Project also -- be received and filed and the Club be thanked for its letter. Question being taken, the motion was carried. 40. Dorothea Backa, Mountain And Westmorland Roads On motion of Councillor Knibb 84-734 COMMON COUNCIL JUNE 27,1994 Seconded by Councillor Coughlan RESOLVED that the letter from Dorothea Backa asking Council to address two problems, one being with a manhole cover on the road in front of her driveway at 8 Mountain Road; the other involving the corner of Mountain Road and Westmorland Road -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan 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