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1998-06-01_Minutes 87-44 COMMON COUNCIL JUNE 1, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of June, AD. 1998, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend David Nicholson, Pastor of Douglas Avenue Christian Church, offered the opening prayer. 2. Approval of Minutes On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that minutes of the meetings of Common Council, held on Tuesday, May 19, 1998 and Monday, May 25, 1998, be approved. Question being taken, the motion was carried. Mayor McAlary recognized Chief Cogswell and Ed Keyes, Chairman of the Saint John Board of Police Commissioners, and Chief Cogswell presented a Chief's Certificate of Commendation to Cst. Joseph R. McEachern in recognition of his outstanding service, quick-thinking and professionalism in diffusing a potentially- dangerous hostage situation in Saint John on December 8, 1997. 3(a) Municipal Plan Amendment And (b) Re-ZoninQ 1245 Loch Lomond 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 and Section 2.4.7.15, from Low Density Residential to Light Industrial classification, as an Approved Exception, a parcel of land located at 1245 Loch Lomond Road, having a frontage of approximately 20 metres (66 feet) on the north side of Loch Lomond Road and a total area of approximately 4.4 hectares (11 acres), being portions of NBGIC Numbers 426460 and 434548; and (b) the proposed re-zoning of the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "1-1" Light Industrial classification, to recognize the existing operation of a contractor's yard and repair facility, as well as to permit a variety of commercial-type uses in the future, as requested by Hughes Surveys & Consultants Ltd. on behalf of Raymond and Janet Debly, and no written objections were received in this regard. 87-45 COMMON COUNCIL JUNE 1, 1998 3{c) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter of objection considered at the Committee's meeting at which Richard Turner, on behalf of the applicant, outlined the longstanding nature of the use and the desire to ensure that there was proper buffering from adjacent properties, as well as to relocate the access further away from the existing and future residential areas, and Walter Peterson expressed concern with respect to spot industrial re-zonings and the need for water and sewer services; advising that the Committee felt there should be a way to permit the existing use only but with strict conditions, and a motion was made to table the item so that the applicant and staff could provide acceptable conditions; and recommending that the public hearing be held as advertised but no decision be made until a full recommendation was made by the Committee. Richard Turner of Hughes Surveys & Consultants Ltd., appeared in support of the proposed amendments; expressed agreement with the Planning Advisory Committee's suggestion that the application be tabled; and, referring to a site plan and clarification of a story in the Times Globe about ownership of the subject property (copies of which were distributed to Council members at this meeting), apprised Council of the background in this regard, the Deblys having started their business on the subject property in 1961, with the application before Council having been made as a result of the Deblys' request for Hughes Surveys to have some plans prepared and to help them go through the proper steps in the process of changing the access to their operation as some conflict was created with the access into a recently located building supply company just across from the entrance used by the Deblys as their driveway and also as the access into where the construction company operates. Mr. Turner explained that, when Hughes Surveys was approached by the Deblys, their main component was to change their access to get a more suited and safer access and other things discussed involved the creation of some buffering around some existing homes there, the creation of more inside storage so that some of the smaller pieces of equipment could be put inside, and to come up with a future development plan as to how they might use the balance of their property, as indicated in the sketch showing the proposed future subdivision layout prepared by Hughes Surveys and included in the Planning staff report to the Committee. Mr. Turner circulated photographs taken from the different areas outlined in the Planning staff's report in concern about the proximity of the business to several streets, including Hickey Road, Josselyn Road and Loch Lomond Road, noting that, while for the most part it was not a highly visible operation, part of the proposal was to create some screening or buffering; and, with regard to the Planning Advisory Committee's suggestion that the applicant discuss with staff how the operation may be allowed to continue to exist and operate at a restricted capacity, advised that his client was prepared to accept a limited approval as indicated in the application for re-zoning. Mr. Turner re-iterated the Debly's desire to create a safer access to their property and to move some of the smaller pieces of equipment or accessories inside for a better visual appearance; and indicated their willingness to work with staff to try to come up with a mutually-agreeable recommendation for Council's consideration. In response to Councillor Vincent's question with regard to the proposed commercial-type uses contemplated for the subject property, Mr. Turner advised that the main focus of the application was to have the existing operation recognized, although, when creating their new access, the Deblys considered that the driveway might be a very good feature for a business that might want to locate just off Loch Lomond Road and built into their application some capability to develop a portion of the site and, even though an "1-1" zoning was indicated, it would be of a commercial nature with nothing specific in mind, being a very secondary concern to his client at this point and the applicant would be willing to accept some fairly rigid restrictions in that regard as well. Councillor Fitzpatrick, noting that the photographs depicted only a truck and a garage although the re-zoning would involve approximately ten acres, questioned what the photographs would show five years from now with the proposed re-zoning, and why, if the Deblys could continue to use the property as it was, the re-zoning was being requested, and Mr. Turner re-iterated the reason for the application and commented on the scale of the property should Council choose to re-zone it in terms of a portion of it being on a side hill on which residential development would not happen and the amount that could be developed for industrial use. 87-46 COMMON COUNCIL JUNE 1, 1998 On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, no decision be made on the application of Hughes Surveys & Consultants Ltd., on behalf of Raymond and Janet Debly, for a Municipal Plan amendment and re-zoning of property at 1245 Loch Lomond Road, until a full recommendation is made by the Committee. Mr. Baird, in response to Councillor Vincent's question on the proximity of the parcel of land in question to what would eventually become the hook-up between Forest Hills and Loch Lomond, advised that the distance would be about half a mile. Councillor Fitzpatrick re-iterated his concern, as expressed at Council's May 4 meeting, about holding a public hearing without having received the Planning Advisory Committee's recommendation. Question being taken, the motion was carried with Councillors Fitzpatrick and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor White RESOLVED that the above correspondence regarding the proposed amendments be received and filed. Question being taken, the motion was carried. 4(a) Zoning By-Law Amendment To Re-Zone 641 Loch Lomond 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 641 Loch Lomond Road (NBGIC Number 55123509 and a portion of NBGIC Number 313155), having a frontage of approximately 180 feet on Loch Lomond Road, a frontage of approximately 265 feet on Mark Drive, and an area of approximately .9 acres, from "RM-1" Three-Storey Multiple Residential and "R-2" One- and Two-Family Residential to "B-2" General Business classification, to permit commercial development of the land, as requested by Silver Falls Park Development Ltd., and a written objections was received in this regard from William C. Lewin (copies of which were distributed to Council members at this meeting). 4{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's meeting at which Gerry Webster, on behalf of the applicant, stated that the concern with Mark Drive should not affect this proposal and indicated that it would not be viable to develop this area for residential purposes, and Stephen Cronk, Doug Brooks and Bill Lewin, all residents of Mark Drive, addressed the Committee in opposition to the application, indicating that there was strong opposition to any re-zoning in this area until the traffic situation was addressed and also that there was not sufficient information about the proposed development to properly evaluate its potential impact; and recommending that the application for re-zoning be denied. Douglas Brooks of 177 Mark Drive appeared in opposition to the proposed re-zoning on the basis that there should be an alternate route for traffic in that Mark Drive was a residential street; noted the development in the area since 1994, as well as the increased traffic and garbage from fast-food establishments; and commented on the difficulty to exit from Mark Drive onto Westmorland Road, as well as the use of Mark Drive by trucks even though it was not a truck route. Mr. Brooks concurred with Planning staff's recommendation that, until the Mark Drive by-pass was completed, the proposed re-zoning should not proceed; and noted that he was told when he moved into the subject area that it was residential, and also noted his letter to the Planning Advisory Committee which was submitted with the above correspondence. 87-47 COMMON COUNCIL JUNE 1, 1998 William Lewin of 207 Mark Drive spoke in opposition to the proposed re- zoning for the reasons expressed above by Mr. Brooks; expressed the view that the residential zone in question had been suffering from creeping commercialism to the point where now it was downright dangerous and that, if he could be told that a by-pass would be going in next year, he would be more inclined to listen sympathetically to what the developer wanted to do, but not under the existing circumstances, and also he would go so far as to compromise to say that Council could put in a stop sign at Mark Drive and Bonita Avenue and send a patrol car to the area at irregular times every second day or night in that, from both a hazard and traffic management and control point of view, something had to be done before he could stand on the side of a developer who wanted to put in more business. Mr. Lewin singled out some of the permitted uses in the list included in the Planning staff's report to the Planning Advisory Committee with respect to what their effect could be in the area; and suggested that, as granting the re-zoning would give the developer an entire field to sell, the developer or someone should come forward with a specific proposal that Council and the Planning Advisory Committee could consider and make a knowledgeable decision in that Council could not make a knowledgeable decision on the facts it currently had from the applicant. Mr. Lewin also noted both Planning staff and the Planning Advisory Committee's indication that they did not recommend Council's approval of the proposed re-zoning as Section 39 could not be used without a specific proposal. Stephen Cronk of 199 Mark Drive spoke against the proposed re-zoning in that he bought his home in a residential area in which the vacant land around it was zoned residential, and the proposed road, about which he has been hearing since 1994, to take the traffic off Mark Drive was still just a proposal; and expressed the view that it was time to stop re-zoning in the area in favour of developers until something was done for residents with a road to take care of the traffic. Gerry Webster appeared in support of the proposed re-zoning representing Silver Falls Park Development Ltd.; advised that he did not disagree with anything the above residents had said as nothing had changed since the time a few years ago when the developer requested re-zoning and it was turned down, there being at that time problems with trucks using Mark Drive when there was no truck route and problems with cars speeding, other than added development with nothing having been done to Mark Drive. Mr. Webster expressed the view that it was not right that the developer should sit with a piece of land on which he paid taxes every year and do nothing in that, unless the land were re-zoned for commercial development, the land was of no value whatsoever; and asked that Council re-zone the land to allow the developer to sell it or do whatever he wanted to do with it, noting that the land was in a commercial area and he could not change that. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Silver Falls Park Development Ltd. for the re-zoning of property at 641 Loch Lomond Road be denied. Mr. Baird commented on the issue of the need for a traffic solution in the subject area, noting that the true nature of a by-pass road came to light with the 1994- 1995 re-zoning application of Silver Falls Park Development, and Council made a decision not to proceed with re-zoning of the subject land until not only the alignment was set out but also that there was an agreement in place with respect to the construction of the road, and also on ongoing discussions in this regard with the more active parties with respect to putting together a proposal. Mr. Totten commented on the road issue in question, noting the approval in the 1998 Capital Budget of funding to allow the City to participate in finding a solution to it. Councillor Desmond proposed a motion, which was not seconded, to table the application until such time as Council had the reports on the road and the update on the negotiations. Question being taken, the motion was carried. 87-48 COMMON COUNCIL JUNE 1, 1998 On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 5(a) Zoning By-Law Amendment To Re-Zone 111-113 McAllister Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 111-113 McAllister Drive (a portion of NBGIC Number 307397), having a frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of approximately 1.7 acres, from "P" Park to "SC" Shopping Centre classification, to permit the second phase of the proposed McAllister Drive Plaza development, consisting of an approximately 14,000-square foot strip shopping plaza, as requested by McAllister Drive Plaza Inc., and no written objections were received in this regard. 5{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's meeting at which Myles Martin appeared on behalf of the applicant and indicated that he was in agreement with staff's recommendation, and Jean Urquhart voiced her concerns that any development located in the flood plain area would create additional flooding for her property and surrounding area, and Stephen Cronk asked questions regarding the future road adjacent to this development; and recommending that Common Council re-zone a parcel of land located at 111-113 McAllister Drive, having a frontage on McAllister Drive of approximately 250 feet, a depth of approximately 300 feet, and an area of approximately 1.7 acres, also identified as a portion of NBGIC Number 307397, from "P" Park to "SC" Shopping Centre classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the site is limited to the proposed Phase 2 development, consisting of a strip mall with a maximum floor area of approximately 14,000 square feet and associated parking area, which shall be integrated with the previously-approved Phase 1 parking area; (b) the developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer; (d) direct access to the Phase 2 development from McAllister Drive is limited to one driveway; (e) all utilities, including power and telephone, must be provided underground; (f) all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, 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 required site plan is approved, and such site plan will be attached to the building permit for the development; and (h) all site improvements shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval. Jean Urquhart of 20 Dutch Garden Lane spoke against the proposal based on her concern about the location of the subject property in the flood plain area which would drain down onto Golden Grove Road, and about the effect it would have on her property in terms of flooding. 87-49 COMMON COUNCIL JUNE 1, 1998 Charles Swanton, Treasurer of the Saint John Exhibition Association, addressing Council in support of the application, advised that, with regard to traffic concerns on Mark Drive, the Association, by moving the access or traffic light that currently existed between Parkway Mall and the Simonds Arena about six feet toward Rothesay Avenue, would in effect be part of the solution as opposed to part of the problem as it would align the Association's property on McAllister Drive in a more appropriate fashion and tie in its twenty-three acre vacant piece of land adjacent to Parkway Mall, and that a possible roadway could be developed in concert with adjacent property owners which would take traffic away from McAllister Drive, Westmorland Road and, ultimately, Mark Drive. As to flooding concerns, Mr. Swanton noted the Association's ability to provide compensatory storage to meet the Flood Risk By-Law on site and its location close to the Golden Grove Road in the area directly in back of the barn area of the race track would allow for a more uniform or even flow of water from the area, thus this should have a dramatic increase on the ability for Mrs. Urquhart to enjoy less as opposed to more flooding, and also all the run-off water and the surface water created by the proposed new development would be going toward Majors Brook, away from the Golden Grove Road as opposed to towards it. Mr. Swanton responded to questions following which the Mayor suggested that Council might wish to hear from staff on the flood risk area issue, and Mr. Baird commented in terms of Council's approval on May 4, 1998 of Phase 1 of the shopping plaza development and the approval requested at this time of Phase 2 with the re-zoning of the subject property, and Mr. MacKinnon summarized the report on the Marsh Creek flood plain issue which was the subject of a teach-in on April 20, 1998 and the subsequent resolution adopted by Council on April 27, 1998. During discussion the Mayor, in noting the number of Council members who wished to speak on this matter, asked if Council wished to entertain a motion at this time, whereupon Councillor Vincent advised that he would move a tabling motion as long as it would not deny any other Council member the opportunity to speak. On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the application of McAllister Drive Plaza Inc. for the re-zoning of property at 111-113 McAllister Drive be laid on the table for a further report from staff. Question being taken, the tabling motion was carried. On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. 6. Turner-Brewer Memorial Park Inc. Re South End PlaVQround Broad/Charlotte Streets Peter McGill, President of the Board of Directors for Turner-Brewer Memorial Park Inc., addressed Council on the plans for improvements to the South End playground, located on the property contained by Charlotte, Broad and Sydney Streets; and, referring to the previously-submitted brief, apprised Council of the Board's efforts, from its first public information night held January 20, 1998 at the South End Community Centre, with assistance of City staff on the Park Design Committee, in its campaign to honour the young lives of John Ryan Turner and Jacqueline Dawn Brewer and raise awareness that violence, abuse and neglect of children was wrong. Mr. McGill also advised of the Board's agreement to organize a campaign to rename the playground with a "generic" name unassociated with any individual and have this approved by Common Council, and of its proposal to turn over all surplus funds remaining to the City once the work has been completed in the playground; and requested a grant to make additions to this park. Mr. McGill introduced the people 87-50 COMMON COUNCIL JUNE 1, 1998 accompanying him at the meeting, including Board members Ray Armstrong, Norman Jackson, Kelly Goodick and Tracey Somers, and Wieslaw Wojcik and Reine Wojcik, Flo Dempster, Josie Chiasson and Peggy Wright Clark; and displayed a model of an arch, designed by Mr. Wojcik, of the type to be erected at the playground. Mr. McGill reviewed the design of the park as prepared by Gerry Kempster, the type of playground equipment to be installed and the construction planning for the playground which was scheduled to open on July 1, 1998; and Mr. Armstrong reviewed the funding requirements, including contributions and expenditures to date. Mr. McGill asked the Council members to wear their T-shirts (which were distributed to Council members at this meeting) to the July 1 opening of the playground. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the presentation on behalf of the Board of Directors for Turner-Brewer Memorial Park Inc., regarding improvements to the South End playground, be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Vincent RESOLVED that item 9 on the agenda of this meeting, being the City Manager's report on the South End playground, be brought forward for consideration at this time. Question being taken, the motion was carried. 9. South End Playground Broad/Charlotte Streets Consideration was given to a report from the City Manager making a recommendation further to Council's receipt on February 9, 1998 of a letter from the Board of Directors of the Turner-Brewer Memorial Park expressing interest in developing the South End playground as a memorial to abused children, and advising of several concerns addressed by City staff and resolved during meetings with the project organizers and design committee. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council: (1) approve the development proposal of the Turner- Brewer Memorial Park Committee for the South End Playground on Broad and Charlotte Streets as a memorial to abused children; (2) accept funds from the Committee and establish a financial trust to provide for future maintenance; (3) require that equipment supplied and installed meet appropriate CSA standards; (4) require that the park layout and materials to be used be approved by the Commissioner of Community Services; (5) approve the competition for a suitable name for the park, with the recommended name to be approved by Common Council; and (6) authorize the expenditure of up to $75,000 from the Land For Public Purposes account for the items and in the approximate amounts set out in the Request for Funding submitted to Common Council by Turner-Brewer Memorial Park Inc. under covering letter of June 1, 1998, upon the condition that: (a) all equipment supplied and installed meets appropriate CSA standards; and (b) the park layout and materials used have been approved by the Commissioner of Community Services as conforming with the standards normally applied by the City for such matters. Mr. Nugent clarified that, with regard to an impression that funding approved would be delivered to Turner-Brewer Memorial Park Inc., the Community Planning Act required that such money be expended directly by the City towards the purchase of goods and services, so there would have to be a mechanism worked out to achieve that as money would not be delivered to the incorporated group in question but used directly to satisfy some of the expenses. 87 -51 COMMON COUNCIL JUNE 1, 1998 Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 7. Rockwood Park Waterslides Ltd. Waterslide Proposal - Rockwood Park Khalid Malik, President of Rockwood Park Waterslides Ltd., appeared before Council to respond to questions with respect to his previously-submitted brief of May 28, 1998, presenting his case for a proposal to make his waterslide business in Rockwood Park more viable and to see if the new Council had a new attitude towards business; and, having commented on the background in terms of his problem in running the waterslide and the circumstances under which he had approached the City with a proposal to sustain vandalism losses, offered to respond to questions in this regard. Mr. Malik confirmed that he was currently under a judicial order to remove the waterslide from Rockwood Park as a final step in his ongoing process with the City for a period of years, and that he had met with both Council and staff in the past on this issue. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the presentation by Khalid Malik, President of Rockwood Park Waterslides Ltd., be received and filed. Question being taken, the motion was carried. 7 A. Mavor's Remarks Mayor McAlary proclaimed May 31 to June 6 as Disability Awareness Week, May 30 to June 7 as Water Safety Week on behalf of the Canadian Red Cross, and June 1 to 6 as Run For Women Week in the City of Saint John; and commented on a Safe Kids Week initiative earlier this date at McAllister Place, and on the City of Saint John's participation in an international competition through Communities In Bloom under the chairmanship of Bob MacVicar. Mayor McAlary advised the intent for a banner to be erected in front of Harbour Station designating the area as Calder Cup Lane in recognition of the Saint John Flames' participation with the Philadelphia Phantoms in the American Hockey League Calder Cup Championship, and of a challenge with the Mayor of Philadelphia in this regard. (Councillor Vincent re-entered the meeting during the above remarks.) * Added Item On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that a letter from the Mayor (copies of which were distributed to Council members at this meeting), regarding the Senior Friendship Games, be added to the agenda of this meeting as item 7C. Question being taken, the motion was carried. 7B. Guatemalan Familv Deportation Order Consideration was given to a letter from Councillor Ball referring to the refusal of immigration officials to lift the deportation order handed down by the Department of Citizenship and Immigration requesting the family of Victor De Leon Vasquez be returned to Guatemala; and setting out a motion which, he advised, was supported by the members of the Task Force on Immigration and Refugee Settlement which would be making a presentation to Common Council shortly regarding immigration and refugee policy for the City of Saint John. 87 -52 COMMON COUNCIL JUNE 1, 1998 On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that Her Worship and Members of Common Council immediately fax a letter of strong support requesting that Lucienne Robillard, Minister of Citizenship and Immigration, exercise her discretionary powers under the Immigration Act by lifting the deportation order on the Guatemalan family in Saint John on humanitarian and compassionate grounds. Councillor Fitzpatrick advised of his problem supporting the above motion, more in defence of the system as opposed to what the motion was trying to do, and he could not condone the action taken by the church in this instance as it was breaking the law; and also that he could not ask the Minister to do what was proposed without any background knowledge other than what he had read in the newspaper or heard through the media. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". *7C. Loyalist Senior Friendship Games - Grant Request Consideration was given to a letter from Mayor McAlary submitting a letter from the Loyalist Senior Friendship Games requesting a grant to assist in the 1998 Games scheduled for June 15 to 18; and noting that Council had dealt with this request last fall at which time the Unspecified Grants Budget was depleted and Council was not able to support the request. On motion of Councillor Desmond Seconded by Councillor Chase RESOLVED that a grant of $1,000 be approved for the Loyalist Senior Friendship Games scheduled for June 15 - 18, 1998. Question being taken, the motion was carried. 8. 1998 Bond Issue Consideration was given to a report from the City Manager advising of the New Brunswick Municipal Finance Corporation's plans for a bond issue in the near future with proposed ranges within which the issue could be sold as follows:- interest rate - not to exceed an average of 7.25%; price, net - not to be less than $98 per $100 of debenture; and term - serial form to mature in equal annual amounts over a term not to exceed 10 years; also advising that, while on April 27, 1998, the need for the City to borrow $11,890,000 was reported to Council, upon re-examining the files it was determined that $759,000 was required for Saint John Energy for refinancing for 5 years, thus the City has a need to borrow $12,649,000; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that occasion having arisen in the public interest of the following public civic works and needed civic improvements, that is to say: GENERAL FUND: General Government Protective Services Transportation Services Environmental Health Environmental Development $ 541,624 702,865 3,263,672 281,896 1,325,440 87-53 COMMON COUNCIL JUNE 1, 1998 Recreation and Culture Public Transit 1,179,503 815,000 $8,110,000 WATER & SEWERAGE UTILITY Water System Sewer System $1,894,111 1,885,889 $ 3,780,000 $ 759,000 $12,649,000 SAINT JOHN ENERGY THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $12,649,000: AND FURTHER that subject to paragraph 4 of this resolution, the Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the Corporation) a City of Saint John bond or debenture in the principal amount of $12,649,000 on such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agrees to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipalities, Culture and Housing: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 7.25% and at a term not to exceed 10 years: AND FURTHER that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. 10. Tender For Contract 98-13 On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 98-13: Rothesay Avenue sealing joints - 900-mm watermain, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $179,830, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 11. Tender For Contract 98-4 On motion of Councillor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 98-4: Phase VII Closure, Spruce Lake landfill, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $234,800, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12{a) Tender For Sand. Gravel & AQQreQates Consideration was given to a report from the City Manager making a recommendation for the award of the tender for sand, gravel and aggregates. 87-54 COMMON COUNCIL JUNE 1, 1998 12(b) F. Andrew Simpson Contracting Ltd. Request To Withdraw Tender Consideration was also given to a letter from F. Andrew Simpson Contracting Ltd. requesting to withdraw its tender for the supply of sand, gravel and aggregates due to an error on an item. On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of F. Andrew Simpson Contracting Ltd. for the supply of sand, gravel and aggregates be withdrawn from further consideration, and the tender for the establishment of a supply agreement for the provision of sand, gravel and aggregates, for a period of one year from the date of award by Council, be awarded as indicated in the submitted summary of bids. Question being taken, the motion was carried. 13. Traffic By-Law Amendment LoadinQ Zone KinQ Street East On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager advising of a request from the owner of the variety store at 149 King Street East for loading zone signs to be placed in front of the store as the original signs were missing; and recommending that first and second readings be given to the submitted Traffic By-Law amendment and it be referred to the Legal Department for review prior to third reading -- be received and filed and the recommendation be adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to loading zones on King Street East, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to loading zones on King Street East, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 14. Easement For Encroachment KinQ And Germain Streets Consideration was given to a report from the City Manager submitting documentation from the Legal Department advising of the request from Franklin O. 87-55 COMMON COUNCIL JUNE 1, 1998 Leger, Q.C., solicitor for Brunswick Square Ltd., for the City to grant an easement to allow encroachments upon King and Germain Streets; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Desmond Seconded by Councillor Ball 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 Brunswick Square Ltd., the present owners, to permit the encroachments of the improvements to their building complex situate at King and Germain Streets upon King and Germain Streets, such easement to terminate with the demolition or removal of such encroachments. Question being taken, the motion was carried. 15. Adopt A Smoke Alarm ProQram On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the report from the City Manager advising of a public safety partnership initiative between the Saint John Fire Department and Kent Building Supplies to ensure that all senior citizens in Saint John who did not have a smoke alarm would soon have access to one at no cost to the seniors, with Kent providing the alarms and the City providing the installation -- be received and filed. The Mayor advised the intent to send a letter of thanks to Kent Building Supplies on behalf of Council. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 16. Certificate In Community-Based Development ProQram - Update On motion of Councillor White Seconded by Councillor Ball RESOLVED that the report from the City Manager updating Council on the status of the Certificate in Community-Based Development Program (CCBD), a training and development initiative of the City of Saint John, and apprising Council of the significant value realized to date, as well as of the participants in the CCBD in 1997 -- be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 17.TenderForFou~Door4x4 Vehicle - Water And SeweraQe On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of Lorne Brett Chevrolet Oldsmobile Cadillac Ltd., in the amount of $ 31,702 (plus tax), be accepted for the supply of one four-door 4x4 vehicle for the Water and Sewerage Division. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 87-56 COMMON COUNCIL JUNE 1, 1998 18.TenderForFou~Door4x4 Vehicle - Fire Department On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender of Lorne Brett Chevrolet Oldsmobile Cadillac Ltd., in the amount of $36,073 (plus tax), be accepted for the supply of one new four-door 4x4 vehicle for the Saint John Fire Department. Question being taken, the motion was carried. 19. Tender For Contract 98-1 On motion of Councillor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Contract 98-1: Curb and Sidewalk Construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $494,867.40, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 20. Response To John MacKenzie's Request To Operate Food Concession North Market Wharf Read a report from the City Manager advising that, further to Council's consideration on May 19, 1998 of John MacKenzie's request to operate a food concession during the summer months at North Market Wharf, staff has had further discussions with Mr. Mackenzie who has now agreed to accept, if approved by Council, a three-year license to operate a food outlet immediately behind the Sand and Slip Bar on the site of the bell standard (the existing bell stand can be relocated), as indicated on the submitted plan of the Market Slip area; commenting on Mr. MacKenzie's discussions with staff prior to May 19, as well as on Market Square's indication that it would hope the City would not issue licenses to businesses to set up outside the area licensed to it; and submitting a recommendation in this regard. On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the issuance of a license to Penney's (Mr. John MacKenzie) to operate a food concession at Market Slip with a term of three years commencing May 1, 1998, subject to the following terms and conditions: (1) the monthly rent to be $350 in 1998, $400 in 1999, $450 in 2000 plus HST; (2) a full months rent is due on the first day of each month or part month the food concession is open for business; (3) the license may be terminated by either party with 60 days notice; (4) the licensee to keep in force not less than $1,000,000 in liability insurance and provide proof of same if requested; (5) the design of the building including colours and signs to be approved by the Manager, Real Estate and Facility Management; (6) the licensee to be responsible for the cost of installation and the charges for water, sewer and electricity and other necessary services; and (7) the licensee is responsible to keep the area around the concession clear of litter to the satisfaction of the Manager, Real Estate and Facility Management. Question being taken, the motion was carried. 87 -57 COMMON COUNCIL JUNE 1, 1998 21. City Of Saint John V. Downev Ford Sales Ltd. On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the report from the City Solicitor advising that, further to Common Council resolution of May 19, 1998 authorizing the execution of a release in favour of Downey Ford Sales Ltd. in connection with damage sustained by a City-owned police vehicle at which time some Councillors expressed dissatisfaction with the City absorbing $1,000 of the loss caused by the damage to the vehicle, he spoke with legal counsel for the City's insurer in this matter who informed him that the City will be reimbursed the $1,000 deductible amount from the $2,300 settlement amount, although such an arrangement is not required by the terms of the City's insurance policy which provides that only if the amount recovered is greater than the claim paid to the City plus the insurer's costs in processing that claim is the excess available to reduce or eliminate the deductible amount; however, in this particular case, he understood that the terms of settlement reflected the insurer's view that a strong claim existed against the company -- be received and filed. Question being taken, the motion was carried. 22. Planning Advisory Committee Subdivision Assent & Temporary Approval For Mobile Home At 1618 Latimer Lake Road On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted tentative subdivision plan of 1618 Latimer Lake Road and to any required public utility easements; and (2) under the authority of the Mobile Home Parks By-Law, permit a mobile home to be situated on proposed Lot 98-2 for a maximum period of one year. Question being taken, the motion was carried. 23. Planning Advisory Committee Subdivision 3336 Loch Lomond Road On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted staff concept plan for subdividing of property at 3336 Loch Lomond Road, and accept a cash-in-lieu dedication for the required land for public purposes. Question being taken, the motion was carried. 24. Planning Advisory Committee Subdivision 41 Mcilveen Drive On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted photo- reduced tentative subdivision plan of 41 Mcilveen Drive illustrating a new public street, as well as to any required municipal services and public utility easements; and (2) 87-58 COMMON COUNCIL JUNE 1, 1998 authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the motion was carried. 25. Planning Advisory Committee Partial Release of Easement & Vesting Of Parcel of Land For Public Street Purposes At 155 Lansdowne Avenue On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the negotiation of a partial release by the City of the existing easement over the property at 155 Lansdowne Avenue, as well as the vesting of a parcel of land at the intersection of Visart Street and Lansdowne Avenue which is required for public street purposes, the details of which shall be subject to further review and approval of Council prior to finalization. Question being taken, the motion was carried. 26. Parking Commission ParkinQ Meter AdvertisinQ Consideration was given to a report from the Saint John Parking Commission advising of its discussions with other City staff at various times over the past twelve months of a meter advertising proposal from a Quebec company, Pub-En- Fut Inc. that would sell and market advertising on parking meters; submitting photographs indicating the manner in which the advertising would be installed, as well as an agreement prepared by the Legal Department covering all the provisions and concerns noted herein; and recommending that Council authorize the Mayor and Common Clerk to execute the submitted agreement. A motion was proposed by Councillor Vincent and seconded by Councillor Court to adopt the above recommendation. Mr. Nugent referred to item (d) in paragraph 4 of the submitted agreement dealing with circumstances under which the advertisement might be placed on the parking meters would be removed. one being if it contained any words or images which the City Manager may deem to be offensive, which, he suggested, would put the City Manager in the awkward position of following Council's direction without adequate direction in terms of what would constitute cause for taking it down; and advised that, having spoken earlier this date with the General Manager of the Parking Commission as to what would be needed in direction from Council to allow the City Manager to understand under what circumstances this advertisement would be objectionable, proposed for Council's consideration that advertising would be removed in cases where it has been damaged or defaced, or was inserted without Pub's permission, as stated in 4(d), and also if it contains nudity, slanderous language or other content which might expose the City to court action. Mr. Nugent advised that, if Council were prepared to adopt the language suggested, it would be appropriate to adopt the Commission's recommendation with those changes to paragraph 4. On motion of Councillor Vincent Seconded by Councillor Court RESOLVED that the Mayor and Common Clerk be authorized to execute an agreement with regard to parking meter advertising between the City of Saint John and Pub-En-Fut Inc., as submitted with the correspondence to Common Council dated May 14, 1998 from the Saint John Parking Commission, with 4(d) to read as follows: "(d) be removed by Pub if it has been damaged or defaced, or was inserted without Pub's permission, or contains any nudity, slanderous language or other content which might expose the City to court action.". 87-59 COMMON COUNCIL JUNE 1, 1998 Question being taken, the motion was carried with Councillor Ball voting "nay". 27. Canada Day Celebration Committee For Saint John - Request For FundinQ On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that the letter from the Canada Day Celebration Committee for Saint John requesting the City to contribute funds to cover the costs involved with the planned official flag raising ceremony for July 1, 1998 -- be received and filed and a grant of $1,000 be approved. Question being taken, the motion was carried. 28. Harbour Bridge Authority - Budget Fiscal Year EndinQ March 31. 1998 Consideration was given to a letter from the Saint John Harbour Bridge Authority submitting, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966, the proposed budget of estimated expenditures for the year ending March 31, 1998; apologizing for the delay in submitting this budget which took the Federal Government over a year to approve; and advising of the completion of its annual audit and a sizable return of surplus to the Federal Government. On motion of Councillor Ball Seconded by Councillor White RESOLVED that the Mayor and Common Clerk be authorized to execute the budget of estimated expenditures for the year ending March 31, 1998 of the Saint John Harbour Bridge Authority, in compliance with the agreement between the Government of Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Question being taken, the motion was carried. The Mayor asked if Council would like to continue with the agenda or adjourn at this time, with the remaining items to be placed on next week's agenda, whereupon Councillor Fitzpatrick proposed a motion to adjourn. The Mayor declared the meeting adjourned. Common Clerk