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1995-09-05_Minutes 85-441 COMMON COUNCIL SEPTEMBER 5, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fifth day of September, AD. 1995, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager, Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Tait, Fire Chief; B. Fillmore, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on August 28, 1995, be approved. Question being taken, the motion was carried. The Mayor welcomed to the Council meeting The Honourable Jane Barry, Solicitor General, who presented a cheque in the amount of $37,045 representing money recovered by the Province on behalf of the City of Saint John through the Canada Assistance Plan due to the City's generous support of the Saint John Human Development Council. The Mayor accepted, with appreciation, the cheque on behalf of the City. * Added Item The Mayor called for a motion to add to the agenda of this meeting the matter of the old General Hospital which was considered in Legal Session earlier this date under item 44. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that an item considered in Legal Session earlier this date be added to the agenda for consideration as item 18A Question being taken, the motion was carried. 3. Saint John Aquatic Centre Commission Proposed Aquatic Centre Expansion Messrs. Leo Maloney, Chairman of the Saint John Aquatic Centre Commission, and Daryl Steeves, General Manager of the Canada Games Aquatic Centre, were present at the meeting with respect to the proposed Aquatic Centre expansion. Mr. Maloney, reading from a prepared brief (copies of which were 85-442 COMMON COUNCIL SEPTEMBER 5, 1995 distributed to Council members at this meeting), addressed Council on the renovation and expansion project, as well as on the financial implications to the Centre and ultimately to the City. Mr. Maloney made the observation that, while the numbers of people using the Aquatic Centre are increasing and creating a space problem, this is also helping the Commission to reduce the deficit which is to the real benefit of the taxpayers of Saint John; and advised that, as the expansion should aid the Commission even further in reducing the deficit, the Commission plans to continue with the expansion. Deputy Mayor Chase asked the manner in which the potential membership increase of 300 persons was established, to which Mr. Maloney replied that, while it is hoped there will be more than 300, basically the Commission, in going through and looking at the numbers of members lost and who hopefully will come back and considering the number of persons who used to belong to squash clubs around the City, believes that an increase of 300 members is a good estimate; and Mr. Steeves added that a 300 member increase is considered fairly conservative in looking at what happened when the Centre expanded its services in the fitness area that garnered about 270 new members as this was a relatively small change compared to the proposed expansion and, as to a population base to support more than the current Aquatic Centre membership of 3000 persons, advised that the Centre conferred with some consultants in the business who felt that the numbers were on the conservative side and there would be more room for expansion. As to communication with the YM- YWCA, Mr. Maloney advised that, about three or four years ago, there was contact which resulted in committees from each facility which met a few times on how services could be combined, if possible, but they did not seem to get far; and suggested that there are three or four problems which caused that to happen, one being that neither group wants to yield its money-making aspects, and both facilities offer similar programs, although the Aquatic Centre, while it has swimming for children, offers very much of an adult-type program; another problem being that the Aquatic Centre actually has a union, while the YM-YWCA operates very much on volunteer services, and it is difficult under a collective agreement to have volunteers to help in programs; and a third problem being that, without a diversified program, people start to leave a facility when one or another service is not offered; thus the proposed expansion is an attempt to get into other areas to offer the diversity because people change their fitness habits every six months or every year. With respect to the approximate $750,000 yearly subsidy from the City, Mr. Maloney made the observation that the Commission has come in well under budget the last few years, and believes in the expansion project to the extent that it is willing to take a reduction in its deficit over the next five years and will not be coming back to the City for more money once it sees the final figures and agrees on a reduction in the deficit. In response to Councillor Vincent's query as to the possibility of dialogue from time to time between the Aquatic Centre and the YM- YWCA, Mr. Maloney advised that the Commission would certainly look at it, recognizing the positive role of the Y within the community and seeing competition as bringing out the best in both facilities. Mr. Steeves, in response to the Mayor's query about corporate memberships at the Aquatic Centre, apprised Council of the basis on which the Aquatic Centre offers corporate memberships, including the option whereby a company gives its employees a financial incentive to join and the Aquatic Centre matches that incentive to a certain amount thus sharing in offsetting the cost, a straight discount on memberships, and the option for an employer to make a lump-sum payment to the Aquatic Centre to provide certain non-prime services to the employees, the latter used with some large employers as a way to get its employees into the Aquatic Centre so it can then up-sell them to a membership that would cover all times, not just prime time; and advised that the Aquatic Centre is one of the few organizations which has an employee fitness full-time specialist responsible for corporate memberships, and also that corporate memberships are one of the better profit-making areas. 4. Norman F. Ferguson - Petition Re Incentive Negotiations With Lorneville Citizens On Proposed ReQional Landfill At Paddy's Hill Councillor Vincent, in suggesting that Council should bring forward items 15 and 28 at this time, asked about a petition apparently presented to the Mayor some time ago on the basis that, if that were the case, the Mayor could table such petition at this time. Mayor McAlary advised that the same petition as that before Council at this 85-443 COMMON COUNCIL SEPTEMBER 5, 1995 time under item 4 was presented to her in her office, although the petition was not addressed to the members of Common Council, nor to her, nor was there a covering letter; and that she assumed that, as the petition is indicating refusal to negotiate incentives and because she had forwarded a letter to the Lorneville residents in this regard, the petition was given to her in response to that letter and she was not asked at that time to present the petition to anyone. Mr. Norman F. Ferguson was present with respect to the previously- submitted petition from residents or land owners in the community of Lorneville signifying their refusal to negotiate with any party the acceptance of financial or other community incentives in compensation of consent to a proposed Fundy Regional sanitary landfill at or near the proposed Paddy's Hill (Lorneville) site. Mr. Ferguson advised that the actual impetus behind the petition was a newspaper article at the time which indicated that no could mean maybe, concerning the possibility of negotiations, so some citizens in Lorneville decided it might be a good idea to put to rest all the questioning of Council on this particular question; noted the approximate 363 signatures on the petition as representative of two-thirds of the entire voting population of Lorneville; and concluded that his purpose before Council is to clear the air and to let Council know that, according to the petition, the answer was, in fact, a resounding no. * Added Item On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the petition submitted by R. Arnott of approximately 124 signatures in favour of starting legal and binding negotiations with the newly-formed Solid Waste Commission and appointed representatives who shall be residents of Lorneville (copies of which were distributed to Council members at this meeting), be added to the agenda of this meeting and received and filed. Question being taken, the motion was carried. 4. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the presentation by Mr. Norman F. Ferguson of a petition signifying refusal to negotiate with any party the acceptance of financial or other community incentives in compensation of consent to a proposed Fundy Regional sanitary landfill at or near the proposed Paddy's Hill (Lorneville) site -- be received and filed. Question being taken, the motion was carried. 28. Fundy Region Solid Waste Commission ZoninQ Bv-Law Text Amendment - Lorneville On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of the Fundy Region Solid Waste Commission for a Zoning By-Law text amendment with respect to property south of Highway No.1 on the Lorneville Peninsula immediately south of the existing municipal landfill for the City of Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that Common Council initiate the process of amending Section 630 of the Zoning By-Law by: (a) deleting the words "subject to subsection 2(e) & (f), municipal sanitary landfill" and inserting the words 85-444 COMMON COUNCIL SEPTEMBER 5, 1995 "subject to subsection 2(e) & (h), a sanitary landfill" in subsection 630(1)(b); (b) deleting the word "municipal" in subsection 630(2)(e); (c) deleting the words "a municipal sanitary landfill" in subsection 630(2)(f); and (d) adding a new subsection 630(2)(h) to read as follows: "(h) a sanitary landfill shall be enclosed by natural buffering and/or constructed earth berms"; that the proposed amendment be referred to the Planning Advisory Committee for a report and recommendation and authority be granted for the necessary advertising in this regard, with the public hearing to be held on October 30, 1995. In response to Councillor Vincent as to the application of the above- proposed amendment and on public notification in this regard, Mr. Baird advised that the proposed amendment would apply to all Heavy Industrial zones throughout the City and that the Planning Advisory Committee's policy, when asked to make a recommendation on applications such as this that are of general intent or impact throughout the City, to place a separate advertisement in the newspaper advising of the Committee's meetings and that, as well there would be the statutory advertisements placed in the newspaper with respect to Council's public hearing, the latter in which there would be an opportunity, under reason for change, to specify the areas to which the proposed amendment would be applicable. Councillor Vincent advised that he would be unable to support the motion because of his concern about how notification would be given to people who might be affected by a piece of land should it be other than Lorneville or Crane Mountain and how they would have a chance to come in and express their points. Councillor Fitzpatrick asked if, should the proposed amendment be passed, it would mean that the Paddy's Hill and Crane Mountain sites would not have to be re-zoned, to which Mr. Baird replied that the Paddy's Hill site in the Lorneville area is presently zoned Heavy Industrial and would not need to be re-zoned to another zone category, and Crane Mountain, which is presently in a combination of both Rural and Park zones, would have to be re-zoned to the Heavy Industrial category, and that the amendment presently being debated would clarify that, in fact, the proposed use is not a municipal sanitary landfill but a sanitary landfill, with no reference to ownership to the municipality in both cases, as well as with respect to the special conditions that the by-law states this type of facility must be operated under; that is, the fencing versus the buffer area. Question being taken, the motion was carried with Councillors Fitzpatrick and Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that item 15 on the agenda of this meeting, being the City Manager's report relevant to the Municipal Plan amendment and re-zoning process for the Crane Mountain site, be brought forward for consideration at this time. Question being taken, the motion was carried. 15. Proposed Municipal Plan Amendment & Re-ZoninQ Process Crane Mountain Site Consideration was given to a report from the City Manager submitting a recommendation to initiate a Municipal Plan amendment with respect to the Crane Mountain site, following which, if adopted, a notice would be inserted in the newspaper advising the date of the public presentation which would take place on October 2, 1995 as part of the regular Council meeting; commenting on the process subsequent to the public presentation, and advising that the details of the Zoning By-Law amendments would be presented to Council in a further report at the appropriate time so that all the necessary amendments for Crane Mountain could be considered at the same time. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council initiate the process of amending the Municipal 85-445 COMMON COUNCIL SEPTEMBER 5, 1995 Development by amending Schedule 2-A, to redesignate from Rural to Heavy Industrial classification, a parcel of land containing an area of approximately 330 acres and fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301, 55043293 and portions of NBGIC Numbers 55086987 and 55087019. Question being taken, the motion was carried with Councillors Fitzpatrick, Gould and Vincent voting "nay". 5. Mavor's Remarks The Mayor, referring to a floral arrangement, thanked Mr. Willard Merritt for the bouquet, as well as for providing flowers for the Mayor's Teas at the Loyalist House; and also thanked Councillor Knibb for his assistance at the Teas as the Town Crier, and Mrs. Saunders and the other members of the Historical Society who assisted in this regard. The Mayor expressed gratitude to Saint John Police Constables David Parks and Trevor Jones for their quick action in bringing to safety four young girls from a North End fire, as well as to the Fire Fighters who were called to the scene. Mayor McAlary commended Mr. Rolf Spangenberg, organizers and sponsors for bringing the Tall Ships to Saint John during the past weekend; and noted a news conference earlier this date announcing Russel Metal's choice of Saint John as the site to expand its business by relocating to the McAllister Industrial Park, as well as the National Film Board's presentation of the Marco Polo film on September 3. Councillor Vincent extended condolence to the family of the late Mr. Norman Hunt, who passed away on September 2. 6. Tender For Contract 95-19, CrackfillinQ On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 95-19, crackfilling 1995, be awarded to the low tenderer, 788893 Ontario Ltd., at the tendered price of $25,500, 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. 7. Tender For Compact Pick-Up Trucks On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Brunswick Chrysler Plymouth Ltd., in the amount of $54,450 (plus taxes), be accepted for the supply of three new compact, extended cab, pick-up trucks. Question being taken, the motion was carried. 8. Tender For Full Size Pick-Up Trucks On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Downey Ford Sales Ltd., in the amount of $33,764 (plus taxes), be accepted for the supply of 2 new full size pick-up trucks. Question being taken, the motion was carried. 85-446 COMMON COUNCIL SEPTEMBER 5, 1995 9. Tender For Roof Replacement On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Wm. P. Dowd and Sons Ltd., in the amount of $23,500, be accepted for the replacement of the roof on the Spruce Lake pump house. Question being taken, the motion was carried. 10. Tender For ServinQ Of Summons On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Atlantic Provincial Security Ltd. be accepted for the serving of summons and documents for a period of three years from the date of award by Council, at the prices as indicated in the submitted summary of bids. Question being taken, the motion was carried. 11. Ice Resurfacer - Lord Beaverbrook Rink Consideration was given to a report from the City Manager submitting a letter from the Manager of the Lord Beaverbrook Rink with respect to the situation regarding the Rink's Olympia ice resurfacer and requesting approval to purchase a replacement this year and pay $30,000 from this year's Capital Budget and pay the remainder in 1996 from its anticipated Capital Budget from the City; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Council agree to include $23,000 in the 1996 Capital Budget for the Lord Beaverbrook Rink, with such amount to be used as the final payment on the purchase of an Olympia resurfacer. Question being taken, the motion was carried. 12. Building Inspectors And Bv-Law Enforcement Officers On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager referring to Common Council resolution of June 26, 1995 designating a number of City employees as Standards Officers and Standards Inspectors; and responding to Council's request at that time for the Building Inspector to provide a report outlining the powers and authorities available to and exercised by Building and Technical Services' inspectors and officers -- be received and filed. (Councillor Arthurs withdrew from the meeting.) Question being taken, the motion was carried. 13. Lease Agreement For North End Community Police Facilitv - 344 Somerset Street Read a report from the City Manager referring to Common Council 85-447 COMMON COUNCIL SEPTEMBER 5, 1995 resolution of November 30, 1992 approving funds for alterations to the former Somerset Community Centre, which is owned by New Brunswick Housing Corporation, for conversion to the District Office of the North End Community Police; and recommending approval to execute the lease, the terms of which have been prepared by the City and N.B. Housing, for a term commencing April 1 , 1993. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute a lease with the New Brunswick Housing Corporation for the lease of the premises located at 344 Somerset Street for a term of five years, the lease to contain the following conditions:- (a) the term of the lease to be five years commencing April 1 , 1993; (b) the rent to be $1 for the term of the lease; (c) the lessor to pay real property taxes and local improvement levies; (d) the lessee to have an option to renew the lease; (e) the premises to be used for the North End Headquarters for the Saint John Police Force and no other purpose; (f) the Police Force may allow non-profit groups to use the meeting room; (g) the lessor to be responsible for routine maintenance and structural repairs; (h) the lessor to pay all costs of electric power and water and sewerage; (i) the lessee may, with the approval of the lessor, make improvements, said improvements to be removed by the lessee on termination of the lease; U) the lessor to provide janitorial service; (k) the lessee to provide garbage removal and grounds maintenance, including snow removal; and (I) the lessee to provide liability insurance of not less than $1,000,000 and replacement value fire and all risk insurance for the building and contents. Question being taken, the motion was carried. 14. Offer To Purchase 14 HardinQ Street Read a report from the City Manager referring to the recommendation adopted in the submitted report to Committee of the Whole on August 14 authorizing staff to conduct negotiations with Mr. Michael Cavanagh towards the sale of approximately 2,400 square feet at 14 Harding Street; and submitting a recommendation with respect to the sale of the property. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, (1) Common Council approve the sale of the property located at 14 Harding Street to Mike Cavanagh Homes Inc. for the offered price of $2 per square foot, subject to the following terms:- (a) the City will prepare the deed and related documents to transfer title at its cost; (b) the City will pay all property taxes, including 1995 taxes; (c) the purchaser may have the property surveyed at the purchaser's cost; (d) the purchaser will grant a municipal services easement of not more than 10 feet in width to the City at no cost; (e) the purchaser accepts the property in its present condition; and (f) the purchaser assumes title to the property on or before November 1, 1995; (2) Common Council approve the release of the right of way the City currently holds across the property located at 12 Harding Street, subject to the following terms: (a) the release of the right of way be conditional on the purchase of the property at 14 Harding Street by the purchaser; and (b) the purchaser prepare documents, acceptable to the City for the release of the right of way at the purchaser's cost; and (3) the Mayor and Common Clerk be authorized to execute all documents necessary to fulfil recommendations (1) and (2). Question being taken, the motion was carried. 16. Review Of Municipalities Act On motion of Councillor Knibb Seconded by Deputy Mayor Chase 85-448 COMMON COUNCIL SEPTEMBER 5, 1995 RESOLVED that the report from the City Manager submitting a document prepared by the Department of Municipalities, Culture and Housing outlining the objectives and review process relevant to an extensive review of the Municipalities Act currently being undertaken by the Department; and recommending that (1) the submitted documentation be referred to the City Solicitor for comment; (2) the City Solicitor be instructed to seek input from the administration with respect to concerns that exist with respect to the current legislation; (3) the City Solicitor report to Council on a periodic basis during the review process; and (4) the City communicate to the Minister of its desire to directly participate with the Province in this review. (Councillor Arthurs re-entered the meeting.) Question being taken, the motion was carried. 17. ProQress Payment - Contract 94-18 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 94-18, Rothesay Avenue - Boars Head Road Sewer Construction David C. Francis Co. Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated August 25, 1995 Final holdback release. $139,358.00 129,166.30 Nil 115,374.30 13,792.00 902.28 $ 13,792.00 Question being taken, the motion was carried. 18. Capital BudQet ReportinQ Consideration was given to a report from the City Manager commenting on the current Capital Budget reporting system in comparison to the reporting system to track Operating expenditures; and advising the reporting procedures that the Commissioner of Finance and the City Manager will be implementing in conjunction with the 1995 Capital Program. The report also advises that, while at the present time Council approves the release of hold backs on all construction contracts - the purpose of which is to give Council an opportunity to ask questions and receive information on specific Capital jobs, staff believes that, with the greater level of reporting being recommended in this report, it will no longer be necessary for Council to approve these final progress payments; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Council rescind the resolution of December 17, 1979, which requires final progress payments to be approved in open session of Council. Question being taken, the motion was carried. *18A. Old General Hospital On motion of Councillor Knibb 85-449 COMMON COUNCIL SEPTEMBER 5, 1995 Seconded by Councillor Trites RESOLVED that for the sum of $5,000, the City of Saint John purchase from 057209 N.B. Ltd. good and marketable freehold title (save and except only all outstanding real property taxes and the judgment recorded by McLean Chimney Co. Ltd. in the Saint John County Registry Office and any outstanding court orders which have been filed in the said Registry Office) to the lands and premises upon which the remaining buildings and structures of the General Hospital complex are located, the property being located on the north side of Waterloo Street in the City of Saint John, N.B., and consisting of the parcels of land which are identified by NBGIC Numbers 14514, 13326, 14522, 14530, 16105, 16113, 16121 and 16139, and were recently conveyed to 057209 N.B. Ltd. by Geneva Roth Holdings II Ltd., with all documentation to be subject to the approval of the City Solicitor as to legality and form. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 19. Street Closing By-Law Amendment - Ravnes Avenue On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "A By-Law to Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing the following portion of highway: RAYNES AVENUE - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John (Formerly the City of Lancaster), County of Saint John and Province of New Brunswick, comprising a portion of those certain lands expropriated by the City of Lancaster from Charles R. Nelson by indenture bearing date October 15, 1959 and registered in the Office of the Registrar of Deeds for Saint John County in Book 364 of Records at Page 599 as Number 177556, the said portion being bounded and described as follows: Beginning at an iron bar on the line of division between lands herein described and lands lying to the north thereof owned by the TDL Group Ltd., the said iron bar being distant fourteen and thirty-nine hundredths (14.39) metres measured southeasterly thereon from the rear line of lots fronting on Harding Street, the said point having New Brunswick Grid Co-Ordinate Values, East 331847.331, North 661761.700; going thence from the place of beginning on a prolongation of the said line of division on an azimuth referred to the north point of the New Brunswick Grid Co-Ordinate System, one hundred sixteen (116) degrees, forty (40) minutes and twenty (20) seconds, a distance of twenty-two and fifty-eight hundredths (22.58) metres; thence on an azimuth of two hundred sixteen (216) degrees, seventeen (17) minutes and ten (10) seconds, a distance of one hundred twenty-eight and zero-nine hundredths (128.09) metres to the beginning of a curve to the right, the said curve having a radius of twelve (12) metres; thence following the arc of the said curve a distance of seventeen and fourteen hundredths (17.14) metres, the said arc having a chord equivalent of fifteen and seventy-two hundredths (15.72) metres measured on an azimuth of two hundred fifty- seven (257) degrees, twelve (12) minutes and forty (40) seconds; thence on an azimuth of two hundred ninety-eight (298) degrees, eight (08) minutes and ten (10) seconds, a distance of five and zero-four hundredths (5.04) metres to its intersection with the aforesaid rear line of lots fronting on Harding Street; thence along the said rear line on an azimuth of twenty-seven (27) degrees, ten (10) minutes and forty (40) seconds, a distance of sixty and eighty-four hundredths (60.84) metres to a bend in the said line; thence continuing on an azimuth of twenty-seven (27) degrees, twenty-nine (29) minutes and zero (00) seconds, a distance of seventy-five and thirty-two hundredths (75.32) metres to its intersection with the aforesaid line of division between lands herein described and lands lying to the north thereof owned by the TDL Group Ltd.; and thence along the said line of division on an azimuth of one hundred sixteen (116) degrees, forty (40) minutes and twenty (20) seconds, a distance of fourteen and thirty- nine hundredths (14.39) metres to the place of beginning. 85-450 COMMON COUNCIL SEPTEMBER 5, 1995 The herein described parcel of land containing an area of 3565 square metres and being designated as Parcel "E" on a "Plan of Survey to Accompany Street Closing - Portion of Raynes Avenue", the said plan prepared by Kierstead Quigley and Roberts Ltd., dated at Saint John, New Brunswick on May 16, 1995 and signed by Gerald R. Roberts, NBLS, CLS - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 20. Minimum Standards Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Standards For Maintenance And Occupancy Of Residential Buildings And Premises", with respect to sub-sections 5(3),6(1), 43(2)(d), 44(1 )(a) and 49(2), and section 13, be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Deputy Mayor Chase re-entered the meeting.) The by-law entitled, "A By-Law To Amend A By-Law Respecting Standards For Maintenance And Occupancy Of Residential Buildings And Premises", was read in its entirety. Question being taken, the motion was carried. 21. John Kehoe - Fat Freddies Use Of Chairs & Tables On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. John L. Kehoe of Fat Freddies seeking permission to continue using, as he has the last two years, chairs and two tables as part of his operation -- be received and filed and permission be granted. With regard to Councillor Knibb's motion to ask staff to accede to the request, the Mayor advised that the above matter has been looked after by the City Manager in that permission has been given and the owners have their chairs and tables out, and that the City Manager would like a motion of permission; and Mr. Totten concurred that it would be appropriate for Council to pass a motion giving permission, whereupon Councillor Knibb made the observation that the motion on the floor is to do so. Question being taken, the motion was carried. 22. The Marco Polo Project Marco Polo Film On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Barry 85-451 COMMON COUNCIL SEPTEMBER 5, 1995 K. Ogden of The Marco Polo Project submitting information regarding the launch of the film, "Marco Polo Queen Of The Seas" -- be received and filed and a letter of commendation of this film be forwarded by the Mayor's Office to the Shiplovers' Society of Victoria. Question being taken, the motion was carried. 23. Saint John Construction Association Inc. MacKniQht Property, Rothesav Avenue On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Saint John Construction Association Inc. advising that it has been brought to its attention that the City Works Department cleared the remains of the fire for the Receivers at MacKnight Motors on Rothesay Avenue; and asking the City, as there are plenty of private businesses to do private work, to cease doing work for private customers -- be received and filed. The initial motion proposed to refer the above letter to the City Manager for a report was changed accordingly following Mr. Totten's verbal report to the effect that, in discussion with Messrs. Robichaud and Edwards, there was a concern by City staff on the proper clean-up of the MacKnight Motors site and, having made approaches to the Receivers who indicated that because of financial arrangements involving that particular business they were not prepared to incur the cost of a proper clean-up, in further discussions the Receiver suggested that, if it was significant to the City and the City was prepared to do the work, they would reimburse the City; therefore, City staff members seized on the opportunity to deal with the situation that they believed would not be otherwise dealt with; and advised that City staff appreciates the Construction Association's concerns and it would not be the City's practice to compete with it directly, but in this situation circumstances dictated that the action taken was best for the citizens. In view of a concern by Councillor Vincent, the Mayor advised that it is her understanding that the Receivers are not prepared to do soil testing, at considerable cost, without having a potential purchaser in sight; although she would get in touch with the Receivers in this regard, as well as with regard to the security of the site. Question being taken, the motion was carried. 24. The Banff Centre For Management ProQram In Police OrQanization On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from The Banff Centre for Management submitting information on its program - Creating Change in Police Organizations: A Practical Approach -- be received and filed. It was noted that the above letter was copied to the Chief of Police, and Mr. Totten advised that, at a staff meeting earlier this date, the Chief indicated his intent to send one or two of his Department persons to the course. Question being taken, the motion was carried. 25. Sea Belles Of Harmony, Incorporated Request For Grant To Host Event On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from Andrea J. Barton, Convention Chairman for Sea Belles of Harmony, Incorporated, requesting a grant with respect to its hosting of a convention and contest in Saint John for female barbershop singers in 1996 -- be referred to the City Manager. 85-452 COMMON COUNCIL SEPTEMBER 5, 1995 The motion initially proposed was to regretfully decline the request, point out that municipal finances have altered significantly since 1986, wish them well and offer them the usual convention help. Councillor Ball expressed the view that $3,000 is a small price to pay to have the above event held in the City in view of the number of people it would attract to the City; and the Mayor noted that, as the event would not be held until 1996, the funding would come from the 1996 budget and that requests such as this are normally referred to the City Manager for review and a decision; and the initial motion was withdrawn and changed as indicated above. Question being taken, the motion was carried. 26. Eric Bowen & Sandy Davis Fat Freddies Snack WaQon On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Eric Bowen and Sandy Davis protesting the shoddy treatment being given Camille and John Kehoe, operators of Fat Freddies snack wagon -- be received and filed. Question being taken, the motion was carried. 27. Glenn & Mona Hayward Clovis & Lydia Caissie Landfill Issue - Paddy's Hill On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letters from Glenn & Mona Hayward and Clovis & Lydia Caissie regarding the issue of a landfill at Paddy's Hill in Lorneville -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk